(105 ILCS 5/Art. 1 heading) ARTICLE 1.
SHORT TITLE - CONSTRUCTION - DEFINITIONS
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(105 ILCS 5/1-1) (from Ch. 122, par. 1-1)
Sec. 1-1.
Short title.
This Act may be cited as
the School Code.
(Source: P.A. 86-1475.)
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(105 ILCS 5/1-2) (from Ch. 122, par. 1-2)
Sec. 1-2.
Construction.
The provisions of this Act, so far as they are the same as those of any
prior statute, shall be construed as a continuation of such prior
provisions, and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a section of such an Act, which is continued in this School
Code, such reference shall be held to refer to the Act or section thereof
so continued in this Code.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
Sec. 1-3. Definitions. In this Code:
The terms "common schools", "free schools" and "public schools" are used
interchangeably to apply to any school operated by authority of this Act.
"School board" means the governing body of any district created or
operating under authority of this Code, including board of school directors
and board of education. When the context so indicates it also means the
governing body of any non-high school district and of any special charter
district, including a board of school inspectors. "School fees" or "fees" means any monetary charge collected by a public school, public school district, or charter school from a student or the parents or guardian of a student as a prerequisite for the student's participation in any curricular or extracurricular program of the school or school district as defined under paragraphs (1) and (2) of subsection (a) of Section 1.245 of Title 23 of the Illinois Administrative Code.
"Special charter district" means any city, township, or district
organized into a school district, under a special Act or charter of the
General Assembly or in which schools are now managed and operating within
such unit in whole or in part under the terms of such special Act or
charter.
(Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.)
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(105 ILCS 5/1-3.5)
Sec. 1-3.5. Use of term "registered mail". Whenever the term "registered mail" is used in this Code, it shall be deemed to authorize the use of either registered mail or certified mail, return receipt requested.
(Source: P.A. 95-790, eff. 8-8-08.) |
(105 ILCS 5/1-4) (from Ch. 122, par. 1-4)
Sec. 1-4.
It is the policy of this State that all powers granted, either expressly
or by necessary implication, by this Act, other Illinois statute, or the
Illinois Constitution to any public school district
may be exercised by those
public school districts notwithstanding effects on competition. It is the
intention of the
General Assembly that the "State action exemption" to the application of
federal antitrust statutes be fully available to all public school districts
to the extent
their activities are authorized by law as stated herein.
(Source: P.A. 83-929.)
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(105 ILCS 5/Art. 1A heading) ARTICLE 1A.
STATE BOARD OF EDUCATION
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(105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
Sec. 1A-1. Members and terms.
(a) (Blank).
(b) The State Board of
Education shall consist of 8
members and a chairperson, who shall be appointed by the
Governor with the advice and consent
of the Senate from a pattern of regional representation as follows: 2
appointees shall be selected from among those counties of the State other
than Cook County and the 5 counties contiguous to Cook County, one of whom must represent the educator community; 2 appointees shall be selected from
Cook County, one of whom shall be a resident of the City of
Chicago and one of whom shall be a resident of that
part of Cook County
which lies outside the city limits of Chicago and of whom one must represent the educator community; 2
appointees shall be
selected from among the 5 counties of the State that are contiguous to Cook
County, one of whom must represent the educator community; and 3 members
shall be selected as members-at-large (one of which shall be the chairperson). With respect to the educator community appointments, no more than one member may be employed as a district superintendent, principal, school business official, or teacher and no more than one may be employed by the same school district or school. The changes made to this Section by this amendatory Act of the 100th General Assembly apply to appointments made after the effective date of this amendatory Act of the 100th General Assembly. The Governor who takes office on the second Monday of January after his or her election shall be the person who nominates members to fill vacancies whose terms begin after that date and before the term of the next Governor begins. The term of each member of the State Board of Education whose term expires on January 12, 2005 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. Of these 3 seats, (i) the member initially appointed pursuant to this amendatory Act of the 93rd General Assembly whose seat was vacant on April 27, 2004 shall serve until the second Wednesday of January, 2009 and (ii) the other 2 members initially appointed pursuant to this amendatory Act of the 93rd General Assembly shall serve until the second Wednesday of January, 2007. The term of the member of the State Board of Education whose seat was vacant on April 27, 2004 and whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall be the chairperson and shall serve until the second Wednesday of January, 2007. The term of the member of the State Board of Education whose seat was vacant on May 28, 2004 but after April 27, 2004 and whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2007.
The term of the other member of the State Board of Education whose term expires on January 10, 2007 shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2007. The term of the member of the State Board of Education whose term expires on January 14, 2009 and who was selected from among the 5 counties of the State that are contiguous to Cook County and is a resident of Lake County shall instead terminate on the effective date of this amendatory Act of the 93rd General Assembly. The member initially appointed pursuant to this amendatory Act of the 93rd General Assembly to fill this seat shall serve until the second Wednesday of January, 2009. Upon expiration of the terms of the members initially appointed
under this amendatory Act of the 93rd General Assembly and members whose terms were not terminated by this amendatory Act of the 93rd General Assembly, their respective successors shall be
appointed for terms of 4
years, from the second Wednesday in January of each
odd
numbered year and until their respective successors are appointed and
qualified. (c) Of the 4 members, excluding the chairperson, whose terms expire on the second Wednesday of January, 2007 and every 4 years thereafter, one of those members must be an at-large member and at no time may more than 2 of those members be from one political party. Of the 4 members whose terms expire on the second Wednesday of January, 2009 and every 4 years thereafter, one of those members must be an at-large member and at no time may more than 2 of those members be from one political party. Party membership is defined as having voted in the primary of the party in the last primary before appointment.
(d) Vacancies in terms shall be filled by appointment by the
Governor with the advice and consent of the Senate for the extent of the
unexpired term.
If a vacancy in membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment until the next meeting
of the Senate, when the Governor shall appoint a person to fill that membership
for the remainder of its term. If the Senate is not in session when
appointments for a full term are made, the appointments shall be made as in the
case of vacancies.
(Source: P.A. 100-1135, eff. 11-28-18.)
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(105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
Sec. 1A-2. Qualifications. The members of the State Board of Education
shall be citizens of the United States and residents of the State of Illinois
and shall be selected as far as may be practicable on the basis of their
knowledge of, or interest and experience in, problems of public education.
No member of the State Board of Education shall benefit from funds provided by the State Board of Education to an
institution of higher
learning, public or private, within Illinois, nor shall members be school trustees of a public or nonpublic
college, university or technical institution within Illinois. No member
shall be appointed to more than 2 4-year
terms. Members shall be reimbursed
for all ordinary and necessary expenses incurred in performing their duties
as members of the Board. Expenses shall be approved by the Board and be
consistent with the laws, policies, and requirements of the
State of Illinois regarding such expenditures, plus any member may include
in his or her claim for expenses $50 per day for meeting days.
(Source: P.A. 100-1135, eff. 11-28-18.)
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(105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
Sec. 1A-2.1. Vacancies. The Governor may remove for incompetence, neglect of duty, or malfeasance in office any member of the State Board of Education. A vacancy also exists on the State Board of
Education when one or more of the following events occur:
1. A member dies.
2. A member files a written resignation with the | ||
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3. A member is adjudicated to be a person under | ||
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4. A member ceases to be a resident of the region | ||
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5. A member is convicted of an infamous crime or of | ||
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6. A member fails to maintain the qualifications | ||
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(Source: P.A. 100-1135, eff. 11-28-18.)
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(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
Sec. 1A-4. Powers and duties of the Board.
A. (Blank).
B. The Board shall determine the qualifications of and appoint a
chief education officer, to be known as the State Superintendent of
Education, who may be proposed by the Governor and who shall serve at the pleasure of the Board and pursuant to a
performance-based contract linked to statewide student performance and academic
improvement within Illinois schools. Upon expiration or buyout of the contract of the State Superintendent of Education in office on the effective date of this amendatory Act of the 93rd General Assembly, a State Superintendent of Education shall be appointed by a State Board of Education that includes the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly. Thereafter, a State Superintendent of Education must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. A performance-based
contract issued for the employment of a State Superintendent of
Education entered into on or after the effective date of this amendatory Act of the 93rd General Assembly must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter. No contract
shall be
extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but a State Superintendent of Education shall serve until his or her successor is appointed. Each contract entered into on or before January 8, 2007 with a State Superintendent of Education must provide that the State Board of Education may terminate the contract for cause, and the State Board of Education shall not thereafter be liable for further payments under the contract. With regard to this amendatory Act of the 93rd General Assembly, it is the intent of the General Assembly that, beginning with the Governor who takes office on the second Monday of January, 2007, a State Superintendent of Education be appointed at the beginning of each term of a Governor after that Governor has made appointments to the Board. The State
Superintendent of Education shall not serve as a member of the State
Board of Education. The Board shall set the compensation of the State
Superintendent of Education who shall serve as the Board's chief
executive officer. The Board shall also establish the duties, powers and
responsibilities of the State Superintendent, which shall be included in the
State Superintendent's performance-based contract along with the goals and
indicators of student performance and academic improvement used to measure the
performance and effectiveness of the State Superintendent.
The State Board of Education may delegate
to the State Superintendent of Education the authority to act on the Board's
behalf, provided such delegation is made pursuant to adopted board policy
or the powers delegated are ministerial in nature. The State Board may
not delegate authority under this Section to the State Superintendent to
(1) nonrecognize school districts, (2) withhold State payments as a penalty,
or (3) make final decisions under the contested case provisions of the Illinois
Administrative Procedure Act unless otherwise provided by law.
C. The powers and duties of the State Board of Education shall encompass all
duties delegated to the Office of Superintendent of Public Instruction on
January 12, 1975, except as the law providing for such powers and duties is
thereafter amended, and such other powers and duties as the General Assembly
shall designate. The Board shall be responsible for the educational policies
and guidelines for public schools, pre-school through grade
12 and Vocational Education in the State of Illinois. The Board shall
analyze the present and future aims, needs, and requirements of
education in the State of Illinois and recommend to the General Assembly
the powers which should be exercised by the Board. The Board shall
recommend the passage and the legislation necessary to determine the
appropriate relationship between the Board and local boards of education
and the various State agencies and shall recommend desirable
modifications in the laws which affect schools.
D. Two members of the Board shall be appointed by the chairperson
to serve on a standing joint Education Committee, 2 others shall be
appointed from the Board of Higher Education, 2
others shall be appointed by the chairperson of the
Illinois Community College Board, and 2 others shall be appointed by the
chairperson of the Human Resource Investment Council. The
Committee shall be
responsible for making recommendations concerning the submission of any
workforce development plan or workforce training program required by federal
law or under any block grant authority. The Committee will be
responsible for developing policy on matters of mutual concern to
elementary, secondary and higher education such as Occupational and
Career Education, Teacher Preparation and Licensure, Educational
Finance, Articulation between Elementary, Secondary and Higher Education
and Research and Planning. The joint Education Committee shall meet at
least quarterly and submit an annual report of its findings,
conclusions, and recommendations to the State Board of Education, the Board of
Higher Education, the Illinois Community College Board,
the Human Resource Investment Council, the Governor, and the
General
Assembly. All meetings of this Committee shall be official meetings for
reimbursement under this Act. On the effective date of this amendatory Act of the 95th General Assembly, the Joint Education Committee is abolished.
E. Five members of the Board shall constitute a quorum. A
majority
vote of the members appointed, confirmed and serving on the Board is
required to approve any action, except that the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory act of the 93rd General Assembly may vote to approve actions when appointed and serving.
F. Upon appointment of the 7 new Board members who were appointed to fill seats of members whose terms were terminated on the effective date of this amendatory Act of the 93rd General Assembly, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/1A-6)
Sec. 1A-6. (Repealed).
(Source: P.A. 79-1454. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
Sec. 1A-8. Powers of the Board in Assisting Districts Deemed in Financial
Difficulties. To promote the financial integrity of school districts, the
State Board of Education shall be provided the necessary powers to promote
sound financial management and continue operation of the public schools.
(a) The State Superintendent of Education may require a school district, including any district subject to Article 34A of this Code, to share financial information relevant to a proper investigation of the district's financial condition and the delivery of appropriate State financial, technical, and consulting services to the district if the district (i) has been designated, through the State Board of Education's School District Financial Profile System, as on financial warning or financial watch status, (ii) has failed to file an annual financial report, annual budget, deficit reduction plan, or other financial information as required by law, (iii) has been identified, through the district's annual audit or other financial and management information, as in serious financial difficulty in the current or next school year, or (iv) is determined to be likely to fail to fully meet any regularly scheduled, payroll-period obligations when due or any debt service payments when due or both. In addition to financial, technical, and consulting services provided by the State Board of Education, at the request of a school district, the State Superintendent may provide for an independent financial consultant to assist the district review its financial condition and options.
(b) The State Board of Education, after proper investigation of a district's
financial condition, may certify that a district, including any district
subject to Article 34A, is in financial difficulty
when any of the following conditions occur:
(1) The district has issued school or teacher orders | ||
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(2) The district has issued tax anticipation warrants | ||
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(3) The district has for 2 consecutive years shown an | ||
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(4) The district refuses to provide financial | ||
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(5) The district is likely to fail to fully meet any | ||
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No school district shall be certified by the State Board of Education to be in financial difficulty solely by
reason of any of the above circumstances arising as a result of (i) the failure
of the county to make any distribution of property tax money due the district
at the time such distribution is due or (ii) the failure of this State to make timely payments of general State aid, evidence-based funding, or any of the mandated categoricals; or if the district clearly demonstrates
to the satisfaction of the State Board of Education at the time of its
determination that such condition no longer exists. If the State Board of
Education certifies that a district in a city with 500,000 inhabitants or
more is in financial difficulty, the State Board shall so notify the
Governor and the Mayor of the city in which the district is located. The
State Board of Education may require school districts certified in
financial difficulty, except those districts subject to Article 34A, to
develop, adopt and submit a financial plan within 45 days after
certification of financial difficulty. The financial plan shall be
developed according to guidelines presented to the district by the State
Board of Education within 14 days of certification. Such guidelines shall
address the specific nature of each district's financial difficulties. Any
proposed budget of the district shall be consistent with the financial plan
submitted to and
approved by the State Board of Education.
A district certified to be in financial difficulty, other than a district
subject to Article 34A, shall report to the State Board of Education at
such times and in such manner as the State Board may direct, concerning the
district's compliance with each financial plan. The State Board may review
the district's operations, obtain budgetary data and financial statements,
require the district to produce reports, and have access to any other
information in the possession of the district that it deems relevant. The
State Board may issue recommendations or directives within its powers to
the district to assist in compliance with the financial plan. The district
shall produce such budgetary data, financial statements, reports and other
information and comply with such directives. If the State Board of Education
determines that a district has failed to comply with its financial plan, the
State Board of Education may rescind approval of the plan and appoint a
Financial Oversight Panel for the district as provided in Section 1B-4. This
action shall be taken only after the district has been given notice and an
opportunity to appear before the State Board of Education to discuss its
failure to comply with its financial plan.
No bonds, notes, teachers orders, tax anticipation warrants or other
evidences of indebtedness shall be issued or sold by a school district or
be legally binding upon or enforceable against a local board of education
of a district certified to be in financial difficulty unless and until the
financial plan required under this Section has been approved by the State
Board of Education.
Any financial profile compiled and distributed by the State Board of Education in Fiscal Year 2009 or any fiscal year thereafter
shall incorporate such adjustments as may be needed in the profile scores to reflect the financial effects of the
inability or refusal of the State of Illinois to make timely
disbursements of any general State aid, evidence-based funding, or mandated categorical aid payments due school districts or to fully reimburse
school districts for mandated categorical programs pursuant to
reimbursement formulas provided in this School Code.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/1A-9)
Sec. 1A-9.
Duty of the Board to disseminate information concerning the
Children's Privacy Protection and Parental Empowerment Act. The Board shall
(i) prepare and disseminate to the local educational agencies and the regional
offices of education materials advising parents of their rights under the
Children's Privacy Protection and Parental Empowerment Act and (ii) add notice
to its website advising parents of their rights under the Children's Privacy
Protection and Parental Empowerment Act.
(Source: P.A. 93-462, eff. 1-1-04.)
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(105 ILCS 5/1A-10)
Sec. 1A-10. Divisions of Board. The State Board of Education shall have, without limitation, the following divisions within the Board: (1) Educator Effectiveness. (2) Improvement and Innovation.
(3) Fiscal Support Services. (4) (Blank). (5) Internal Auditor. (6) Human Resources.
(7) Legal. (8) Specialized Instruction, Nutrition, and Wellness. (9) Language and Early Childhood Development. The State Board of Education may, after consultation with the General Assembly, add any divisions or functions to the Board that it deems appropriate and consistent with Illinois law.
(Source: P.A. 99-30, eff. 7-10-15.) |
(105 ILCS 5/1A-11) Sec. 1A-11. Children; methamphetamine; protocol. The State Board of Education shall cooperate with the Department of Children and Family Services and the Illinois State Police in developing the protocol required under Section 6.5 of the Children and Family Services Act. The Board must post the protocol on the official Web site maintained by the Board.
(Source: P.A. 102-538, eff. 8-20-21.) |
(105 ILCS 5/Art. 1B heading) ARTICLE 1B.
SCHOOL DISTRICT FINANCIAL
OVERSIGHT PANEL AND EMERGENCY
FINANCIAL ASSISTANCE
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(105 ILCS 5/1B-1) (from Ch. 122, par. 1B-1)
Sec. 1B-1.
Short title.
This Article may be cited as the School
District Financial Oversight Panel and Emergency Financial Assistance Law.
(Source: P.A. 88-618, eff. 9-9-94.)
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(105 ILCS 5/1B-2) (from Ch. 122, par. 1B-2)
Sec. 1B-2.
Findings and purpose.
(a) The General Assembly finds:
(1) A fundamental goal of the people of the State, as | ||
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(2) A sound financial structure is essential to the | ||
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(3) To promote the financial integrity of boards of | ||
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(b) It is the purpose of this Article to provide
financial oversight panels and emergency State financial assistance to
school districts and
establish a secure financial basis for their continued
existence. The intention of the General Assembly, in
enacting this legislation, is
to establish procedures, provide powers and impose
restrictions to assure the financial and educational
integrity of the public schools while leaving principal
responsibility for the educational policies of the public
schools to the boards of education within the State,
consistent with the requirements for satisfying the public
policy and purpose herein set forth.
(Source: P.A. 88-618, eff. 9-9-94.)
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(105 ILCS 5/1B-3) (from Ch. 122, par. 1B-3)
Sec. 1B-3.
Definitions.
As used in this Article:
(a) "Financial Oversight Panel" or "Panel" means the
Financial Oversight Panel created under Section 1B-4;
(b) "Board" means a local board of education;
(c) "Budget" means the annual budget of the board
required under Section 17-1 and is subject to the authority
of the Panel as provided in this Article;
(d) "Chairman" means the chairman of the Panel
appointed pursuant to Section 1B-5 of this Article;
(e) "District" means any school district of this State
not subject to the provisions of Article 34;
(f) "Financial plan" means the financial plan of the
board required to be developed pursuant to this Article;
(g) "Fiscal year" means the fiscal year of the board;
(h) "School year" means the school year of the board;
(i) "State Board" means the Illinois State Board of
Education;
(j) "State Superintendent" means the State
Superintendent of Education.
(Source: P.A. 88-618, eff. 9-9-94.)
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(105 ILCS 5/1B-4) (from Ch. 122, par. 1B-4)
Sec. 1B-4.
Establishment of Emergency Financial
Assistance and Financial Oversight Panel. When approved by the State Board under this
Article there is established a body both corporate and
politic to be known as the "(Name of School District)
Financial Oversight Panel" which, in such name, shall
exercise all authority vested in such Panels by this
Article.
Upon the affirmative vote of not less than a majority of its
full membership, a local board of education of a school district that
has been certified to be in financial difficulty under
Section 1A-8 may petition the State Board of Education for
emergency financial assistance and the establishment of a
Financial Oversight Panel for the district as provided under
this Article. In addition, the State Superintendent of Education may
petition the State Board of Education for the establishment of a Financial
Oversight Panel, with or without emergency financial assistance, for any
district that has failed to comply with its financial plan and has had the plan
rescinded by the State Board as provided in Section 1A-8. No petition for
emergency financial
assistance shall be approved by the State Board unless there
is also established a Financial Oversight Panel.
In determining whether to allow the petition the State
Board shall consider the following factors
among others that it deems relevant:
(a) whether the petition is in the best educational
interests of the pupils of the district;
(b) whether the petition is in the near and long term
best financial interests of the district;
(c) whether the district has sufficient pupil
enrollment and assessed valuation to provide and maintain
recognized schools;
(d) whether the petition is in the best interests of
the other schools of the area and the educational welfare of
all of the pupils therein; and
(e) whether the board of education has complied with
the requirements of Section 1A-8.
The State Board may vote to either grant or deny the
petition based upon the recommendation of the State
Superintendent of Education and any other testimony or
documentary evidence the State Board deems relevant. The
decision of the State Board whether to grant or deny the
petition shall be final. If an approved petition requests
emergency financial assistance, the
school district shall be eligible for emergency State
financial assistance, subject to the other provisions of
this Article.
(Source: P.A. 88-618, eff. 9-9-94.)
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(105 ILCS 5/1B-5) (from Ch. 122, par. 1B-5)
Sec. 1B-5.
When a petition for emergency financial
assistance for a school district is allowed by the State
Board under Section 1B-4, the State Superintendent
shall within 10 days thereafter appoint 3 members
to serve at the State Superintendent's pleasure on a
Financial Oversight Panel for the district. The State
Superintendent shall designate one of the members of the
Panel to serve as its Chairman. In the event of vacancy or
resignation the State Superintendent shall appoint a
successor within 10 days of receiving notice thereof.
Members of the Panel shall be selected primarily on the
basis of their experience and education in financial
management, with consideration given to persons
knowledgeable in education finance. A member of the Panel
may not be a board member or employee of the district for
which the Panel is constituted, nor may a member have a
direct financial interest in that district.
Panel members shall serve without compensation, but may
be reimbursed for travel and other necessary expenses
incurred in the performance of their official duties by the
State Board. The amount reimbursed Panel
members for their expenses shall be charged to the school
district as part of any emergency financial assistance and
incorporated as a part of the terms and conditions for
repayment of such assistance or shall be deducted from the district's general
State aid or evidence-based funding as provided in Section 1B-8.
The first meeting of the Panel shall be held at the
call of the Chairman. The Panel may elect such other
officers as it deems appropriate. The Panel shall prescribe
the times and places for its meetings and the manner in
which regular and special meetings may be called, and shall
comply with the Open Meetings Act.
Two members of the Panel shall constitute a quorum, and
the affirmative vote of 2 members shall be necessary for any
decision or action to be taken by the Panel.
The Panel and the State Superintendent
shall cooperate with each other in the exercise of their
respective powers. The Panel shall report not later than
September 1 annually to the State Board and the State
Superintendent with respect to its activities and the
condition of the school district for the previous fiscal
year.
Any Financial Oversight Panel established under this
Article shall remain in existence for not less than 3 years
nor more than 10 years from the date the State Board grants
the petition under Section 1B-4. If after 3 years the
school district has repaid all of its obligations resulting
from emergency State financial assistance provided under
this Article and has improved its financial situation, the board of
education may, not more
frequently than once in any 12 month period, petition the
State Board to dissolve the Financial Oversight Panel,
terminate the oversight responsibility, and remove the
district's certification under Section 1A-8 as a district in
financial difficulty. In acting on such a petition the
State Board shall give additional weight to the
recommendations of the State Superintendent and the
Financial Oversight Panel.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
Sec. 1B-6. General powers. The purpose of the Financial Oversight Panel
shall be to exercise financial control over the board of education, and, when
approved by the State Board and the State Superintendent of Education, to
furnish financial assistance so that the board can provide public education
within the board's jurisdiction while permitting the board to meet its
obligations to its creditors and the holders of its notes and bonds.
Except as expressly limited by this Article, the Panel shall have all
powers necessary to meet its responsibilities and to carry out its purposes
and the purposes of this Article, including, but not limited to, the following
powers:
(a) to sue and be sued;
(b) to provide for its organization and internal | ||
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(c) to appoint a Financial Administrator to serve as | ||
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(d) to approve the local board of education | ||
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(e) to approve any and all bonds, notes, teachers | ||
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(f) to approve all property tax levies of the school | ||
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(g) to require and approve a school district | ||
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(h) to approve and require revisions of the school | ||
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(i) to approve all contracts and other obligations as | ||
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(j) to authorize emergency State financial | ||
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(k) to request the regional superintendent to make | ||
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(l) to recommend dissolution or reorganization of the | ||
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(m) to direct a phased reduction in the oversight | ||
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(n) to determine the amount of emergency State | ||
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(o) to procure insurance against any loss in such | ||
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(p) to engage the services of consultants for | ||
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(q) to contract for and to accept any gifts, grants | ||
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(r) to pay the expenses of its operations based on | ||
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(s) to do any and all things necessary or convenient | ||
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(t) (blank).
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/1B-7) (from Ch. 122, par. 1B-7)
Sec. 1B-7. Financial Administrator; powers and
duties. The Financial Administrator appointed by the
Financial Oversight Panel shall serve as the Panel's chief
executive officer. The Financial Administrator shall
exercise the powers and duties required by the Panel,
including but not limited to the following:
(a) to provide guidance and recommendations to the | ||
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(b) to direct the local board to reorganize its | ||
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(c) to make recommendations to the Financial | ||
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(d) to prepare and recommend to the Panel a proposal | ||
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(e) to require the local board to prepare and submit | ||
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(f) subject to the direction of the Panel, to do all | ||
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(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/1B-7.5) Sec. 1B-7.5. Hiring of a district superintendent or chief executive officer. (a) Upon expiration of the contract of the school district's superintendent who is serving at the time the Financial Oversight Panel is established, a school district under the authority of a Financial Oversight Panel, after consultation with the Financial Oversight Panel, shall have the authority to appoint a district superintendent with a type 75 certificate or a chief executive officer who has the skills of school operations and school finance and who shall have the ultimate responsibility for implementing the policies, procedures, directives, and decisions of the school board and the Financial Oversight Panel. (b) The chief executive officer shall have the authority to determine the agenda and order of business at school board meetings, as needed in order to carry forward and implement the objectives and priorities of the school board and Financial Oversight Panel in the administration and management of the school district. (c) The chief executive officer shall have all of the powers and duties of a school district superintendent under this Code and such other duties as may be assigned by the school board and Financial Oversight Panel, in accordance with this Code. The district shall not thereafter employ a superintendent during the period that a chief executive officer is serving the district. (d) The Financial Oversight Panel shall have the final approval of the superintendent or chief executive officer position under this Section as well as the person, based upon his or her skills to fulfill the position.
(Source: P.A. 96-401, eff. 8-13-09.) |
(105 ILCS 5/1B-7.10) Sec. 1B-7.10. Hiring of a chief fiscal officer. (a) In lieu of a Financial Oversight Panel Financial Administrator under Section 1B-7 of this Code, a school district under the authority of a Financial Oversight Panel, after consultation with the Financial Oversight Panel, may appoint a chief fiscal officer who, under the direction of the school board and Financial Oversight Panel, shall have the powers and duties of the district's chief school business official and any other duties regarding budgeting, accounting, and other financial matters that are assigned by the school board or Financial Oversight Panel in accordance with this Code. The district may not employ a chief school business official during the period that the chief fiscal officer is serving in the district. The chief fiscal officer may but is not required to hold an educator license with a chief school business official endorsement issued under Article 21B of this Code. (b) The Financial Oversight Panel shall have the final approval of the chief fiscal officer position under this Section as well as the person, based upon his or her skills to fulfill the position.
(Source: P.A. 102-894, eff. 5-20-22.) |
(105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
Sec. 1B-8. There is created in the State Treasury a
special fund to be known as the School District Emergency
Financial Assistance Fund (the "Fund"). The School District Emergency
Financial Assistance Fund shall consist of appropriations, loan repayments, grants from the
federal government, and donations from any public or private source. Moneys in
the Fund
may be appropriated only to the Illinois Finance Authority and
the State Board for
those purposes authorized under this Article and Article 1H of this Code.
The appropriation may be
allocated and expended by the State Board for contractual services to provide technical assistance or consultation to school districts to assess their financial condition and to Financial Oversight Panels that petition for emergency financial assistance grants. The Illinois Finance Authority may provide
loans to school districts which are the subject of an
approved petition for emergency financial assistance under
Section 1B-4 or 1H-65 of this Code. Neither the State Board of Education nor the Illinois Finance Authority may collect any fees for providing these services. From the amount allocated to each such school
district under this Article the State Board shall identify a sum sufficient to
cover all approved costs of the Financial Oversight Panel
established for the respective school district. If the State Board and State
Superintendent of Education have not approved emergency financial assistance in
conjunction with the appointment of a Financial Oversight Panel, the Panel's
approved costs shall be paid from deductions from the district's general State
aid or evidence-based funding.
The Financial Oversight Panel may prepare and file
with the State Superintendent a proposal for emergency
financial assistance for the school district and for its
operations budget. No expenditures from the Fund shall be
authorized by the State Superintendent until he or she has approved
the request of the Panel, either as submitted or in such
lesser amount determined by the State Superintendent.
The maximum amount of an emergency financial assistance loan
which may be allocated to any school district under this
Article, including moneys necessary for the operations of
the Panel, shall not exceed $4,000 times the number of pupils
enrolled in the school district during the school year
ending June 30 prior to the date of approval by the State
Board of the petition for emergency financial assistance, as
certified to the local board and the Panel by the State
Superintendent.
An emergency financial assistance grant shall not exceed $1,000 times the
number of such pupils. A district may receive both a loan and a grant.
The payment of an emergency State financial assistance grant or loan
shall be subject to appropriation by the General Assembly. Payment of the emergency State financial assistance loan is subject to the applicable provisions of the Illinois Finance Authority Act.
Emergency State financial assistance allocated and paid to a school
district under this Article may be applied to any fund or funds from which
the local board of education of that district is authorized to make
expenditures by law.
Any emergency financial assistance grant proposed by the
Financial Oversight Panel and approved by the State
Superintendent may be paid in its entirety during the
initial year of the Panel's existence or spread in equal or
declining amounts over a period of years not to exceed the
period of the Panel's existence. An emergency financial assistance loan proposed by the Financial Oversight Panel and approved by the Illinois Finance Authority may be paid in its entirety during the initial year of the Panel's existence or spread in equal or declining amounts over a period of years not to exceed the period of the Panel's existence. All
loans made by the Illinois Finance Authority for a
school district shall be required to be repaid, with simple interest over
the term of the loan at a rate equal to 50% of the one-year Constant Maturity
Treasury (CMT) yield as last published by the Board of Governors of the Federal
Reserve System before the date on which the district's loan is
approved
by the Illinois Finance Authority, not later than the
date the
Financial Oversight Panel ceases to exist. The Panel shall
establish and the Illinois Finance Authority shall
approve the terms and conditions, including the schedule, of
repayments. The schedule shall provide for repayments
commencing July 1 of each year or upon each fiscal year's receipt of moneys from a tax levy for emergency financial assistance. Repayment shall be incorporated into the
annual budget of the school district and may be made from any fund or funds
of the district in which there are moneys available. An emergency financial assistance loan to the Panel or district shall not be considered part of the calculation of a district's debt for purposes of the limitation specified in Section 19-1 of this Code. Default on repayment is subject to the Illinois Grant Funds Recovery Act. When moneys are repaid
as provided herein they shall not be made available to the local board for
further use as emergency financial assistance under this Article at any
time thereafter. All repayments required to be made by a school district
shall be received by the State Board and deposited in the School District
Emergency Financial Assistance Fund.
In establishing the terms and conditions for the
repayment obligation of the school district the Panel shall
annually determine whether a separate local property tax levy is
required. The board of any school district with a tax rate
for educational purposes for the prior year of less than
120% of the maximum rate for educational purposes authorized
by Section 17-2 shall provide for a separate
tax levy for emergency financial assistance repayment
purposes. Such tax levy shall not be subject to referendum approval. The
amount of the levy shall be equal to the
amount necessary to meet the annual repayment obligations of
the district as established by the Panel, or 20% of the
amount levied for educational purposes for the prior year,
whichever is less. However, no district shall be
required to levy the tax if the district's operating tax
rate as determined under Section
18-8, 18-8.05, or 18-8.15 exceeds 200% of the district's tax rate for educational
purposes for the prior year.
(Source: P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
|
(105 ILCS 5/1B-9) (from Ch. 122, par. 1B-9)
Sec. 1B-9.
Assistance by State agencies, units of
local government or school districts. The local board shall
render such services to, and permit the use of its
facilities and resources by, the Financial Oversight Panel
at no charge as may be requested by the Panel. Any State
agency, unit of local government, or school district may,
within its respective lawful powers and duties, render such
services to the Panel as may be requested by the Panel.
Upon request of the Panel any such agency, unit of local
government or school district is hereby authorized and
empowered to loan to the Panel such officers and employees
as the Panel may deem necessary and request in carrying out
its powers and duties. Officers and employees so
transferred shall not lose or forfeit their employment
status or rights.
(Source: P.A. 86-954.)
|
(105 ILCS 5/1B-10) (from Ch. 122, par. 1B-10)
Sec. 1B-10.
Approval of Financial Plan, Budget and Contracts.
In
carrying out the purposes of this Article, the Panel shall
have the power to approve or
to reject the financial plans, budgets and contracts of the
board; provided, however, that the Panel shall have no power
to impair any existing contract or obligation of the board.
(Source: P.A. 86-954.)
|
(105 ILCS 5/1B-11) (from Ch. 122, par. 1B-11)
Sec. 1B-11.
Balanced Budget.
The local board's budget
for each fiscal year shall be balanced in accordance with an
accounting system and procedure to be prescribed by the
Panel.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-12) (from Ch. 122, par. 1B-12)
Sec. 1B-12.
Financial Plans.
The local board shall
develop, adopt and submit to the Panel for approval an
initial financial plan with respect to the remaining portion
of the current fiscal year and for the 2 succeeding fiscal
years. The board shall develop and adopt subsequent
financial plans as directed by the Panel. The financial
plans shall supersede any financial plan developed pursuant
to Section 1A-8 of this Act. The Panel shall require that
each financial plan cover a period of at least 3 fiscal
years. After adoption by the board, the board shall submit
each plan to the Panel for its approval not later than the
date required by the Panel. The Panel shall approve or
reject the financial plan within 30 days of its receipt. No
financial plan shall have force or effect without approval
of the Panel. Each financial plan shall be developed,
submitted, approved and monitored in accordance with the
following procedures:
(a) The board shall determine and submit to the Panel,
at a time and in a manner prescribed by the Panel, estimates
of revenues available to the board during the period for
which the financial plan is to be in effect. The Panel
shall approve, reject or amend the revenue estimates. In
the event the board fails, for any reason, to submit to the
Panel estimates of revenue as required by this paragraph,
the Panel may prepare such estimates. The financial plan
submitted by the board shall be based upon revenue estimates
approved or prepared by the Panel. As soon as practicable
following the establishment of the Panel, the president of
the board shall, at the request of the Chairman of the
Panel, make available to the Panel copies of the audited
financial statements and of the books and records of account
of the board for the preceding 5 fiscal years of the board.
(b) Each financial plan for each fiscal year or part
thereof to which it relates, shall contain (1) a description
of revenues and expenditures, provision for debt service,
cash resources and uses, capital improvements, and a
building utilization component requiring maximum efficient
use of all classrooms and buildings, in such manner and
detail as the Panel shall prescribe, (2) a description of
the means by which the budget will be brought into balance,
and (3) such other matters that the Panel, in its
discretion, requires.
For Panels established under Section 1B-4 for a
district that had its financial plan rescinded by the State Board for
violating that plan as
provided in Section 1A-8, the financial plan required under this Section shall
also include the
staffing plan required pursuant to subsection (e) of Section 1B-22, provisions
for addressing
findings or
violations identified by the Inspector General or the school district audit,
provisions for
implementing directives of the Panel, and the plan of action to be followed by
the district to
maintain long-term financial stability, provide for
transition of the Panel's
authority, and analyze the need for additional State funding for the
district.
The initial financial plan shall also
include a description of the means by which any outstanding
short-term indebtedness shall be paid or refunded by the
board. The Panel may prescribe any reasonable time,
standards, procedures or forms for preparation and
submission of the financial plan.
(c) The Panel shall approve the initial and each
subsequent financial plan if, in its judgment, the plan is
complete, is reasonably capable of being achieved, and meets
the requirements set forth in this Article. Otherwise, the
Panel shall reject the financial plan. In the event of
rejection, the Panel may prescribe a procedure and standards
for revision of the financial plan by the board.
(d) The board shall report to the Panel, at such times
and in such manner as the Panel may direct, concerning the
board's compliance with each financial plan. The Panel may
review the board's operations, obtain budgetary data and
financial statements, require the board to produce reports,
and have access to any other information in the possession
of the board that it deems relevant. The Panel may issue
recommendations or directives within its powers to the board
to assure compliance with the financial plan. The board
shall produce such budgetary data, financial statements,
reports and other information and comply with such
directives.
(e) After approval of each financial plan, the board
shall regularly reexamine the revenue and expenditure
estimates on which it was based and revise them as
necessary. The board shall promptly notify the Panel of any
material change in the revenue or expenditure estimates in
the financial plan. The board may submit to the Panel, or
the Panel may require the board to submit, modified
financial plans based upon revised revenue or expenditure
estimates or for any other good reason. The Panel shall
approve or reject each modified financial plan.
(Source: P.A. 89-572, eff. 7-30-96.)
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(105 ILCS 5/1B-13) (from Ch. 122, par. 1B-13)
Sec. 1B-13.
Budgets.
The board shall develop, adopt
and submit to the Panel for approval by the Panel the annual
budget for each fiscal year required by Section 17-1. After
adoption by the board, the board shall submit each budget to
the Panel for its approval not later than 30 days prior to
the commencement of the fiscal year to which the budget
relates. The Panel shall approve or reject the budget
within 30 days of its receipt from the board. No budget
shall have force or effect without approval of the Panel.
Each budget shall be developed, submitted, approved and
monitored in accordance with the following procedures:
(a) Each budget submitted by the board shall be based
upon revenue estimates approved or prepared by the Panel.
(b) Each budget shall be consistent with the budgetary
structure required by the Panel and contain such information
and detail as may be prescribed by the Panel. The Panel may
also prescribe any reasonable time, standards, procedures or
forms for preparation and submission of the budget. Any
deficit for the prior fiscal year and for any fiscal year
thereafter shall be included as a current expense item for
the succeeding fiscal year.
(c) The Panel shall approve each budget if, in its
judgment, the budget is complete, is reasonably capable of
being achieved, will meet the requirements set forth in this
Article, and will be consistent with the financial plan in
effect. Otherwise, the Panel shall reject the budget. In
the event of rejection, the Panel may prescribe a procedure
and standards for revision of the budget by the board. In
the event the local board fails to adopt a budget approved
by the Panel prior to the end of the first quarter of the
fiscal year as required by Section 17-1, the offices of all
local board members shall be deemed vacant by operation of
law.
(d) The board shall report to the Panel and the
Financial Administrator at such times and in such manner as
the Panel may direct, concerning the board's compliance with
each budget. The Panel may review the board's operations,
obtain budgetary data and financial statements, require the
board to produce reports, and have access to any other
information in the possession of the board that the Panel
deems relevant. The Panel may issue recommendations or
directives within its powers to the board to assure
compliance with the budget. The board shall produce such
budgetary data, financial statements, reports and other
information and comply with such directives.
(e) After approval of each budget, the board shall
promptly notify the Panel of any material change in the
revenue or expenditure estimates in the budget. The board
may submit to the Panel, or the Panel may require the board
to submit, an amended budget. The Panel shall approve or
reject each amended budget pursuant to this Section.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-14) (from Ch. 122, par. 1B-14)
Sec. 1B-14.
Contracts and Other Obligations.
(a) No contract or other
obligation shall be entered into by the board unless it is
consistent with the financial plan and budget in effect,
including any employment contract or collective bargaining
agreement.
(b) The Panel may identify categories and types of
contracts and other obligations that shall be subject to
approval by the Panel and the procedure for submitting
contracts for approval. Each contract or other obligation
that is entered into by the board which requires approval by
the Panel shall contain a provision stating that it shall
not become legally binding on the board unless and until it
has received such approval. No contract or other obligation
that requires the approval of the Panel shall be legally
binding on the board unless and until it has received such
approval.
(c) The board shall submit to the Panel a copy of any
contract or other obligation for which the approval of the
Panel is required, along with a cost analysis and such other
information as the Panel may require. The Panel may
prescribe any reasonable time, standards, procedures or
forms for submission of the contract or other obligation.
(d) The Panel shall approve the contract or obligation
if, in its judgment, the information required to be
submitted is complete and the contract or other obligation
is consistent with the budget and financial plan in effect.
Otherwise, the Panel shall reject the contract or other
obligation. Contracts or other obligations not rejected
within 30 days after submission to the Panel shall be
considered approved. However, the Panel shall
have an additional 30 days to approve or reject the contract
or other obligation if it so advises the board within the
initial 30 day period.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-15) (from Ch. 122, par. 1B-15)
Sec. 1B-15.
Expenditures.
The board shall meet its
debt service obligations as they become due. No other
expenditure shall be made by the board unless it is
consistent with the financial plan and budget in effect.
(Source: P.A. 86-954.)
|
(105 ILCS 5/1B-16) (from Ch. 122, par. 1B-16)
Sec. 1B-16.
Cash accounts and bank accounts.
(a) The
Panel shall require the board or any officer of the board,
including the board's treasurer or any person acting as the
board's official or ex officio treasurer, to establish and
maintain separate cash accounts and separate bank accounts
in accordance with such standards and procedures as the
Panel may prescribe.
(b) The Panel shall have the power to assume exclusive
administration of the cash accounts and bank accounts of the
board, to establish and maintain whatever new cash accounts
and bank accounts it may deem appropriate, and to withdraw
funds from such accounts for the lawful expenditures of the
board.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-17) (from Ch. 122, par. 1B-17)
Sec. 1B-17.
Hearings.
To the extent feasible, the
Financial Oversight Panel shall provide for and encourage
participation by the public in the development and review of
financial policy. The Panel shall hold public hearings as
it may deem appropriate to the performance of any of its
functions. The Panel may designate one or more of its
members or the Financial Administrator to preside over any
hearing.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-18) (from Ch. 122, par. 1B-18)
Sec. 1B-18.
Limitations of actions after abolition;
indemnification. (a) Termination of the Financial
Oversight Panel shall bar any remedy available against the
Panel, its members, employees, or agents, for any right or
claim existing, or any liability incurred, prior to such
abolition unless the action or other proceeding thereon is
commenced prior to the expiration of 2 years after the date
of such termination.
(b) The Panel may indemnify any member, officer,
employee, or agent who was or is a party, or is threatened
to be made a party, to any threatened, pending or completed
action, suit or proceeding, whether civil, criminal,
administrative or investigative, by reason of the fact that
he was a member, officer, employee or agent of the Panel,
against expenses (including attorneys' fees), judgments,
fines and amounts paid in settlement actually and reasonably
incurred by him in connection with such action, suit or
proceeding, if he acted in good faith and in a manner he
reasonably believed to be in, or not opposed to, the best
interests of the Panel and, with respect to any criminal
action or proceeding, had no reasonable cause to believe his
conduct was unlawful. The termination of any action, suit
or proceeding by judgment, order, settlement, conviction, or
upon a plea of nolo contendere or its equivalent, shall not,
of itself, create a presumption that the person did not act
in good faith in a manner which he reasonably believed to be
in or not opposed to the best interests of the Panel, and,
with respect to any criminal action or proceeding, had
reasonable cause to believe that his conduct was unlawful.
To the extent that a member, officer, employee or agent
of the Panel has been successful, on the merits or
otherwise, in the defense of any such action, suit or
proceeding referred to in this subsection or in defense of
any claim, issue or matter therein, he shall be indemnified
against expenses (including attorneys' fees) actually and
reasonably incurred by him in connection therewith. Any
such indemnification shall be made by the Panel only as
authorized in the specific case, upon a determination that
indemnification of the member, officer, employee or agent is
proper in the circumstances because he has met the
applicable standard of conduct. The determination shall be
made by the Panel by a majority vote of a quorum consisting
of members who are not parties to such action, suit or
proceeding, or if such a quorum is not obtainable, or, even
if obtainable, a quorum of disinterested members so directs,
by independent legal counsel in a written opinion.
Reasonable expenses incurred in defending an action,
suit or proceeding shall be paid by the Panel in advance of
the final disposition of such action, suit or proceeding, as
authorized by the Panel in the specific case, upon receipt
of an undertaking by or on behalf of the member, officer,
employee or agent to repay such amount, unless it shall
ultimately be determined that he is entitled to be
indemnified by the Panel as authorized in this Section.
Any member, officer, employee or agent against whom any
action, suit or proceeding is brought may employ his or her
own attorney to appear on his or her behalf.
The right to indemnification accorded by this Section
shall not limit any other right to indemnification to which
the member, officer, employee or agent may be entitled. Any
rights hereunder shall inure to the benefit of the heirs,
executors and administrators of any member, officer,
employee or agent of the Panel.
The Panel may purchase and maintain insurance on behalf
of any person who is or was a member, officer, employee or
agent of the Panel against any liability asserted against
him and incurred by him in any such capacity, or arising out
of his status as such, whether or not the Panel would have
the power to indemnify him against such liability under the
provisions of this Section.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-19) (from Ch. 122, par. 1B-19)
Sec. 1B-19.
Abolition of Panel.
The Financial
Oversight Panel shall be abolished 10 years after approval
of the petition providing for its creation, or at such
earlier date determined by the State Board.
Upon the abolition of the Panel, all of its rights and
property shall pass to and be vested in the State.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-20) (from Ch. 122, par. 1B-20)
Sec. 1B-20.
Sanctions.
(a) No member, officer,
employee, or agent of the board shall commit the board to
any contract or other obligation or incur any liability on
behalf of the board for any purpose if the amount of such
contract, obligation or liability is in excess of the amount
authorized for that purpose then available under the
financial plan and budget then in effect.
(b) No member, officer, employee or agent of the board
shall commit the board to any contract or other obligation
on behalf of the board for the payment of money for any
purpose required to be approved by the Financial Oversight
Panel unless such contract or other obligation has been
approved by the Panel.
(c) No member, officer, employee or agent of the board
shall take any action in violation of any valid order of the
Panel or shall fail or refuse to take any action required by
any such order or shall prepare, present, or certify any
information (including any projections or estimates) or
report for the Panel or any of its agents that is false or
misleading, or, upon learning that any such information is
false or misleading, shall fail promptly to advise the Panel
or its agents.
(d) In addition to any penalty or liability under any
other law, any member, officer, employee or agent of the
board who violates subsection (a), (b), or (c) of this
Section shall be subject to appropriate administrative
discipline, including, if warranted, suspension from duty
without pay, removal from office, or termination of
employment.
(Source: P.A. 86-954.)
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(105 ILCS 5/1B-21)
Sec. 1B-21. (Repealed).
(Source: P.A. 94-1019, eff. 7-10-06. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/1B-22)
Sec. 1B-22.
Additional Powers of the Panel.
For Panels established under
Section 1B-4 for a
district which had its financial plan rescinded by the State Board for
violating that plan as
provided in Section 1A-8, the Panel shall have the following additional powers:
(a) As necessary to carry out its purposes when district resources are not
readily available or appropriate for use by the Panel, the Panel may make and
execute contracts, leases, subleases and all other instruments or agreements
necessary or convenient for the exercise of the powers and functions granted by
this Article.
(b) As necessary to carry out its purposes when district resources are not
readily available or appropriate for use by the Panel, the Panel may purchase
personal property necessary or convenient for its purposes; mortgage, pledge
or otherwise grant security interests in such properties;
and convey to the district such of its property as, in the
judgment of the Panel, is no longer necessary for its purposes.
(c) As necessary to carry out its purposes when district resources are not
readily available or appropriate for use by the Panel, the Panel may appoint
officers, agents, and employees of the Panel, define their duties and
qualifications, and fix their compensation and employee benefits.
(d) In order to investigate allegations of or incidents of waste, fraud, or
financial mismanagement which the Board is unable or unwilling to properly
investigate as requested by the Panel, the Panel may appoint an Inspector
General who shall have the authority to conduct investigations into such
allegations or incidents.
The Inspector General shall make recommendations
to the Panel about
its investigations. The Inspector General shall be independent of the
operations of the Panel and
the Board and perform other duties requested by the Panel. 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 shall immediately notify the
State's Attorney in the
county in which the district is located. All investigations conducted by the
Inspector General
shall be conducted in a manner that ensures the preservation of evidence for
use in criminal
prosecutions. At all times the Inspector General shall be granted access to
any building or
facility that is owned, operated, or leased by the Panel or the Board. 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. The Inspector General
shall provide to the
Panel and the State Board of Education a summary of reports and investigations
made under this
Section for the previous fiscal year no later than January 1 of each year. 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 State Board of Education or the General Assembly.
(e) No hiring or appointment of any person in any position by the Board, the
superintendent, or any other officer or employee of the Board shall be made or
entered into unless it
is consistent with the Financial Plan and Budget in effect and the staffing
plan approved by the
Panel under this Section. The hiring or appointment of any person shall not be
binding on the
Board unless and until it is in compliance with this Section. The Board shall
submit to the Panel
for approval by the Panel a staffing plan for the upcoming school year at the
same time as the
submission of the Budget, except that the staffing plan for the fiscal year
ending in 1997 shall be
submitted to the Panel within 90 days after the effective date of this
amendatory Act of 1996.
The staffing plan shall be accompanied by a cost analysis and such other
information as the Panel
may require. The Panel may
prescribe standards, procedures, and forms for submission of the staffing plan.
The Panel shall approve the staffing plan if the information
required to be
submitted is complete and the staffing plan is consistent with the Budget and
Financial Plan in
effect. Otherwise, the Panel shall reject the staffing plan. In the event of
rejection, the Panel
shall prescribe a procedure and standards for revision of the staffing plan.
The Panel shall act on
the staffing plan at the same time as the approval of the Budget, except that
the staffing plan for
the fiscal year ending in 1997 shall be acted upon within 60 days of the
submission of the
staffing plan by the Board. The Board shall report to the Panel, at such times
and in such manner
as the Panel may direct, concerning the Board's compliance with each staffing
plan. The Panel
may review the Board's operations, obtaining budgetary data and financial
statements, may
require the Board to produce reports, and shall have access to any other
information in the
possession of the Board that it deems relevant. The Panel may issue directives
to the Board to
assure compliance with the staffing plan, including the issuance of reduction
in force notices,
non-renewal of employment contracts, or any other notices or actions required
by
contract or law.
The Board shall produce such budgetary data, financial statements, reports, and
other
information and shall comply with such directives. After approval of each
staffing plan, the
Board shall regularly reexamine the estimates on which it was based and revise
them as
necessary. The Board shall promptly notify the Panel of any material change in
the estimates in
the staffing plan. The Board may submit to the Panel, or the Panel may require
the Board to
submit, modifications to the staffing plan based upon revised revenue or
expenditure estimates or
for any other good reason. The Panel shall approve or reject each modified
staffing plan within
60 days of its submission in a manner similar to the provisions of this
subsection for the approval
or rejection of the initial staffing plan.
(f) The Panel shall examine the business records and audit the accounts of
the
Board or
require that the Board examine its business records and audit its accounts at
such time and in
such manner as the Panel may prescribe. The Board shall appoint a certified
public accountant
annually, approved by the Panel, to audit its financial statements. The audit
conducted pursuant
to this paragraph shall be in lieu of the audit that the Board is required to
undertake pursuant to
Section 3-7.
(g) The Panel shall initiate and direct financial management
assessments
and similar analyses of the operations of the Board as may, in the judgment of
the Panel, assure
sound and efficient financial management of the Board. Upon the completion of
these
assessments, the Panel shall give directives to the Board regarding
improvements and changes
that derive from these assessments, which the Board shall implement. In
conjunction with its
budgetary submission to the Panel for each fiscal year, the Board shall
demonstrate to the
satisfaction of the Panel that the directives of the Panel have been
implemented in whole or in
part or, in the alternative, are not capable of being implemented. In
consideration of whether to
approve or reject the budget for a fiscal year, the Panel shall adjudge whether
the Board has fully
considered and responsibly proposed implementation of the Panel's directives.
(h) The Panel shall initiate and direct a management audit of the Board at
least once
every 2 years. The audit shall review the personnel, organization, contracts,
leases, and physical
properties of the Board to determine whether the Board is managing and
utilizing its resources in
an economical and efficient manner. The audit shall determine the causes of
any inefficiencies
or uneconomical practices, including inadequacies in internal and
administrative procedures,
organizational structure, uses of resources, utilization of real property,
allocation of personnel,
purchasing policies, and equipment.
(i) In the event that the Board refuses or fails to follow a directive of
the
Panel to issue
notices of non-renewal of contracts, to issue notices of reduction in force to
employees, to issue
requests for bids or proposals, or to obtain financial or other information
that the Panel finds necessary for the implementation of
its responsibilities
under this Article, the Panel may take such action in the name of the district,
and such action shall
be binding the same as if the action had been taken by the Board. The powers
established by this
paragraph do not authorize the Panel to enter into contracts in the name of the
Board.
(j) The Panel shall meet with the Board or its designees in closed session
prior to the
Board commencing any collective bargaining negotiations to discuss the
financial issues relevant
to the bargaining and for the purpose of the Panel approving the budget
limitations for the
potential collective bargaining agreement. The Board shall not make or
consider any proposal
which does not comply with the collective bargaining budget approved by the
Panel. The Board
shall keep the Panel apprised as to the status of the bargaining. The Board
shall present any
proposed change in the approved collective bargaining budget to the Panel in
closed session for
approval. Prior to the Board taking a final vote on any tentative agreement
approved by the
employee organization, the Board shall discuss the tentative agreement with the
Panel in closed
session. Upon final approval of a collective bargaining agreement by both the
Board and the
employee organization, the Board shall submit the final collective bargaining
agreement to the
Panel for approval. At the same time that the Board submits the final
agreement to the Panel,
the Board shall notify the employee organization that the final agreement has
been submitted and
the date of the Panel meeting at which the final agreement will be considered.
The employee
organization shall be provided an opportunity to discuss the final agreement
with the Panel prior
to the Panel taking action on the agreement. No collective bargaining
agreement shall be binding
upon the district unless the Board has followed the requirements of this
paragraph and the final
agreement has been approved by the Panel.
(k) The budget of the Panel or any revisions to the budget, including any
costs
to the
Panel associated with the appointment of an Inspector General, shall be
approved by the State
Superintendent upon request of the Panel and after opportunity for response by
the Board.
(Source: P.A. 89-572, eff. 7-30-96.)
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(105 ILCS 5/1B-25) Sec. 1B-25. Establishment prohibited. No school district may have a Financial Oversight Panel established pursuant to this Article after Article 1H of this Code is established.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/Art. 1C heading) ARTICLE 1C.
BLOCK GRANTS
|
(105 ILCS 5/1C-1)
Sec. 1C-1. Purpose. The purpose of this Article is to permit greater
flexibility and efficiency in the distribution and use of certain State funds
available to
local education agencies for the improvement of the quality of educational
services pursuant to locally established priorities.
Through fiscal year 2017, this Article does not apply to school districts having a population in excess
of 500,000 inhabitants.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/1C-2)
Sec. 1C-2. Block grants.
(a) For fiscal year 1999, and each fiscal year thereafter, the State Board
of Education shall award to school districts block grants as described in subsection
(c). The State Board of Education may adopt
rules and regulations necessary to implement this Section. In accordance with
Section 2-3.32, all state block grants are subject to an audit. Therefore,
block grant receipts and block grant expenditures shall be recorded to the
appropriate fund code.
(b) (Blank).
(c) An Early Childhood Education Block Grant shall be created by combining
the following programs: Preschool Education, Parental Training and Prevention
Initiative. These funds shall be distributed to school districts and other
entities on a competitive basis, except that the State Board of Education shall award to a school district having a population exceeding 500,000 inhabitants 37% of the funds in each fiscal year. Not less than 14% of the Early Childhood Education Block Grant allocation of funds
shall be used to
fund programs for children ages 0-3. Beginning in Fiscal Year 2016, at least 25% of any additional Early Childhood Education Block Grant funding over and above the previous fiscal year's allocation shall be used to fund programs for children ages 0-3. Once the percentage of Early Childhood Education Block Grant funding allocated to programs for children ages 0-3 reaches 20% of the overall Early Childhood Education Block Grant allocation for a full fiscal year, thereafter in subsequent fiscal years the percentage of Early Childhood Education Block Grant funding allocated to programs for children ages 0-3 each fiscal year shall remain at least 20% of the overall Early Childhood Education Block Grant allocation. However, if, in a given fiscal year, the amount appropriated for the Early Childhood Education Block Grant is insufficient to increase the percentage of the grant to fund programs for children ages 0-3 without reducing the amount of the grant for existing providers of preschool education programs, then the percentage of the grant to fund programs for children ages 0-3 may be held steady instead of increased.
(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
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(105 ILCS 5/1C-3)
Sec. 1C-3.
Application.
Block grants shall be available, pursuant
to appropriation, upon applications made
pursuant to school improvement plans. Block grants shall be made utilizing a
per pupil basis to determine
entitlement.
(Source: P.A. 88-555, eff. 7-27-94; 89-397, eff. 8-20-95.)
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(105 ILCS 5/1C-4)
Sec. 1C-4. Reports. A school district that receives an Early Childhood Education Block Grant shall report to the State Board of Education on its use of the block
grant in such form and detail as the State Board of Education
may specify. In addition, the report must include the following
description for the district, which must also be reported to
the General Assembly: block grant allocation and expenditures
by program; population and service levels by program; and
administrative expenditures by program. The State Board of Education shall ensure that the reporting requirements for a district organized under Article 34 of this Code are the same as for all other school districts in this State. (Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/1C-5)
Sec. 1C-5.
Rules.
The State Board of Education shall adopt such rules and
regulations as may be necessary to implement the provisions of this Article.
(Source: P.A. 88-555, eff. 7-27-94.)
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(105 ILCS 5/Art. 1D heading) ARTICLE 1D.
BLOCK GRANTS FOR DISTRICTS
WITH OVER 500,000 INHABITANTS
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(105 ILCS 5/1D-1)
(Text of Section from P.A. 100-55)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year thereafter, the State Board
of Education shall award to a school district having a population exceeding
500,000 inhabitants a general education block grant and an educational services
block grant, determined as provided in this Section, in lieu of distributing to
the district separate State funding for the programs described in subsections
(b) and (c). The provisions of this Section, however, do not apply to any
federal funds that the district is entitled to receive. In accordance with
Section 2-3.32, all block grants are subject to an audit. Therefore, block
grant receipts and block grant expenditures shall be recorded to the
appropriate fund code for the designated block grant.
(b) The general education block grant shall include the following
programs: REI Initiative, Summer Bridges, Preschool Education, K-6
Comprehensive Arts, School Improvement Support, Urban Education, Scientific
Literacy, Substance Abuse Prevention, Second Language Planning, Staff
Development, Outcomes and Assessment, K-6 Reading Improvement, 7-12 Continued
Reading Improvement, Truants'
Optional Education, Hispanic Programs, Agriculture Education,
Parental Training, Prevention Initiative, Report Cards, and Criminal
Background Investigations. Notwithstanding any other provision of law, all
amounts paid under the general education block grant from State appropriations
to a school district in a city having a population exceeding 500,000
inhabitants shall be appropriated and expended by the board of that district
for any of the programs included in the block grant or any of the board's
lawful purposes. Beginning in Fiscal Year 2018, at least 25% of any additional Preschool Education, Parental Training, and Prevention Initiative program funding over and above the previous fiscal year's allocation shall be used to fund programs for children ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool Education, Parental Training, and Prevention Initiative programs above the allocation for these programs in Fiscal Year 2017 must be used solely as a supplement for these programs and may not supplant funds received from other sources.
(c) The educational services block grant shall include the following
programs: Regular and Vocational Transportation, State Lunch and
Free Breakfast Program, Special Education (Personnel,
Transportation, Orphanage, Private Tuition), funding
for children requiring special education services, Summer School,
Educational Service Centers, and Administrator's Academy. This subsection (c)
does not relieve the district of its obligation to provide the services
required under a program that is included within the educational services block
grant. It is the intention of the General Assembly in enacting the provisions
of this subsection (c) to relieve the district of the administrative burdens
that impede efficiency and accompany single-program funding. The General
Assembly encourages the board to pursue mandate waivers pursuant to Section
2-3.25g. The funding program included in the educational services block grant
for funding for children requiring special education services in each fiscal
year shall be treated in that fiscal year as a payment to the school district
in respect of services provided or costs incurred in the prior fiscal year,
calculated in each case as provided in this Section. Nothing in this Section
shall change the nature of payments for any program that, apart from this
Section, would be or, prior to adoption or amendment of this Section, was on
the basis of a payment in a fiscal year in respect of services provided or
costs incurred in the prior fiscal year, calculated in each case as provided
in this Section.
(d) For fiscal year 1996 and each fiscal year thereafter, the amount
of the district's block grants shall be determined as follows:
(i) with respect to each program that is included within each block grant, the
district shall receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the percentage of the
appropriation received by the district from the 1995 fiscal year appropriation
made for that program, and
(ii) the total amount that is due the district under the block grant shall be
the aggregate of the amounts that the district is entitled to receive for the
fiscal year with respect to each program that is included within the block
grant that the State Board of Education shall award the district under this
Section for that fiscal year. In the case of the Summer Bridges program,
the amount of the district's block grant shall be equal to 44% of the amount
of the current fiscal year appropriation made for that program.
(e) The district is not required to file any application or other claim in
order to receive the block grants to which it is entitled under this Section.
The State Board of Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by the State Board
of Education.
(f) A school district to which this Section applies shall report to the
State Board of Education on its use of the block grants in such form and detail
as the State Board of Education may specify. In addition, the report must include the following description for the district, which must also be reported to the General Assembly: block grant allocation and expenditures by program; population and service levels by program; and administrative expenditures by program. The State Board of Education shall ensure that the reporting requirements for the district are the same as for all other school districts in this State.
(g) This paragraph provides for the treatment of block grants under Article
1C for purposes of calculating the amount of block grants for a district under
this Section. Those block grants under Article 1C are, for this
purpose, treated as included in the amount of appropriation for the various
programs set forth in paragraph (b) above. The appropriation in each current
fiscal year for each block grant under Article 1C shall be treated for these
purposes as appropriations for the individual program included in that block
grant. The proportion of each block grant so allocated to each such program
included in it shall be the proportion which the appropriation for that program
was of all appropriations for such purposes now in that block grant, in fiscal
1995.
Payments to the school district under this Section with respect to each
program for which payments to school districts generally, as of the date of
this
amendatory Act of the 92nd General Assembly, are on a reimbursement basis
shall continue to be made to the district on a reimbursement basis, pursuant
to the provisions of this Code governing those programs.
(h) Notwithstanding any other provision of law, any school district
receiving a block grant under this Section may classify all or a portion of
the funds that it receives in a particular fiscal year from any block grant
authorized under this Code or from general State aid pursuant to Section
18-8.05 of this Code (other than supplemental general State aid) as
funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referred to in subsection (c) of
this Section), regardless of the source or timing of the receipt. The
district may not classify more funds as funds received in connection
with the funding program than the district is entitled to receive in that
fiscal year for that program. Any classification by a district must be made by
a resolution
of its board of education. The resolution must identify the amount of any
block grant or general State aid to be classified under this subsection (h)
and must specify the funding program to which the funds are to be
treated as received in connection therewith. This resolution is
controlling as to the classification of funds referenced therein. A certified
copy of the resolution must be sent to the State Superintendent of
Education.
The resolution shall still take effect even though a copy of the resolution
has not been sent to the State
Superintendent of Education in a timely manner.
No classification under this subsection (h) by a district shall
affect the total amount or timing of money the district is entitled to receive
under this Code.
No classification under this subsection (h) by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to the
block grant as provided in this Section, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements, or requirements of provision of
services.
(Source: P.A. 100-55, eff. 8-11-17.)
(Text of Section from P.A. 100-465)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 through fiscal year 2017, the State Board
of Education shall award to a school district having a population exceeding
500,000 inhabitants a general education block grant and an educational services
block grant, determined as provided in this Section, in lieu of distributing to
the district separate State funding for the programs described in subsections
(b) and (c). The provisions of this Section, however, do not apply to any
federal funds that the district is entitled to receive. In accordance with
Section 2-3.32, all block grants are subject to an audit. Therefore, block
grant receipts and block grant expenditures shall be recorded to the
appropriate fund code for the designated block grant.
(b) The general education block grant shall include the following
programs: REI Initiative, Summer Bridges, Preschool At Risk, K-6
Comprehensive Arts, School Improvement Support, Urban Education, Scientific
Literacy, Substance Abuse Prevention, Second Language Planning, Staff
Development, Outcomes and Assessment, K-6 Reading Improvement, 7-12 Continued
Reading Improvement, Truants'
Optional Education, Hispanic Programs, Agriculture Education,
Parental Education, Prevention Initiative, Report Cards, and Criminal
Background Investigations. Notwithstanding any other provision of law, all
amounts paid under the general education block grant from State appropriations
to a school district in a city having a population exceeding 500,000
inhabitants shall be appropriated and expended by the board of that district
for any of the programs included in the block grant or any of the board's
lawful purposes.
(c) The educational services block grant shall include the following
programs: Regular and Vocational Transportation, State Lunch and
Free Breakfast Program, Special Education (Personnel,
Transportation, Orphanage, Private Tuition), funding
for children requiring special education services, Summer School,
Educational Service Centers, and Administrator's Academy. This subsection (c)
does not relieve the district of its obligation to provide the services
required under a program that is included within the educational services block
grant. It is the intention of the General Assembly in enacting the provisions
of this subsection (c) to relieve the district of the administrative burdens
that impede efficiency and accompany single-program funding. The General
Assembly encourages the board to pursue mandate waivers pursuant to Section
2-3.25g. The funding program included in the educational services block grant
for funding for children requiring special education services in each fiscal
year shall be treated in that fiscal year as a payment to the school district
in respect of services provided or costs incurred in the prior fiscal year,
calculated in each case as provided in this Section. Nothing in this Section
shall change the nature of payments for any program that, apart from this
Section, would be or, prior to adoption or amendment of this Section, was on
the basis of a payment in a fiscal year in respect of services provided or
costs incurred in the prior fiscal year, calculated in each case as provided
in this Section.
(d) For fiscal year 1996 through fiscal year 2017, the amount
of the district's block grants shall be determined as follows:
(i) with respect to each program that is included within each block grant, the
district shall receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the percentage of the
appropriation received by the district from the 1995 fiscal year appropriation
made for that program, and
(ii) the total amount that is due the district under the block grant shall be
the aggregate of the amounts that the district is entitled to receive for the
fiscal year with respect to each program that is included within the block
grant that the State Board of Education shall award the district under this
Section for that fiscal year. In the case of the Summer Bridges program,
the amount of the district's block grant shall be equal to 44% of the amount
of the current fiscal year appropriation made for that program.
(e) The district is not required to file any application or other claim in
order to receive the block grants to which it is entitled under this Section.
The State Board of Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by the State Board
of Education.
(f) A school district to which this Section applies shall report to the
State Board of Education on its use of the block grants in such form and detail
as the State Board of Education may specify. In addition, the report must include the following description for the district, which must also be reported to the General Assembly: block grant allocation and expenditures by program; population and service levels by program; and administrative expenditures by program. The State Board of Education shall ensure that the reporting requirements for the district are the same as for all other school districts in this State.
(g) Through fiscal year 2017, this paragraph provides for the treatment of block grants under Article
1C for purposes of calculating the amount of block grants for a district under
this Section. Those block grants under Article 1C are, for this
purpose, treated as included in the amount of appropriation for the various
programs set forth in paragraph (b) above. The appropriation in each current
fiscal year for each block grant under Article 1C shall be treated for these
purposes as appropriations for the individual program included in that block
grant. The proportion of each block grant so allocated to each such program
included in it shall be the proportion which the appropriation for that program
was of all appropriations for such purposes now in that block grant, in fiscal
1995.
Payments to the school district under this Section with respect to each
program for which payments to school districts generally, as of the date of
this
amendatory Act of the 92nd General Assembly, are on a reimbursement basis
shall continue to be made to the district on a reimbursement basis, pursuant
to the provisions of this Code governing those programs.
(h) Notwithstanding any other provision of law, any school district
receiving a block grant under this Section may classify all or a portion of
the funds that it receives in a particular fiscal year from any block grant
authorized under this Code or from general State aid pursuant to Section
18-8.05 of this Code (other than supplemental general State aid) as
funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referred to in subsection (c) of
this Section), regardless of the source or timing of the receipt. The
district may not classify more funds as funds received in connection
with the funding program than the district is entitled to receive in that
fiscal year for that program. Any classification by a district must be made by
a resolution
of its board of education. The resolution must identify the amount of any
block grant or general State aid to be classified under this subsection (h)
and must specify the funding program to which the funds are to be
treated as received in connection therewith. This resolution is
controlling as to the classification of funds referenced therein. A certified
copy of the resolution must be sent to the State Superintendent of
Education.
The resolution shall still take effect even though a copy of the resolution
has not been sent to the State
Superintendent of Education in a timely manner.
No classification under this subsection (h) by a district shall
affect the total amount or timing of money the district is entitled to receive
under this Code.
No classification under this subsection (h) by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to the
block grant as provided in this Section, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements, or requirements of provision of
services.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/Art. 1E heading) ARTICLE 1E.
DOWNSTATE SCHOOL FINANCE AUTHORITY
(This Article scheduled to be repealed in accordance with 105 ILCS 5/1E-165)
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(105 ILCS 5/1E-1)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-1.
Short title.
This Article may be
cited as the Downstate School Finance Authority Law.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-5)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-5.
Findings; purpose; intent.
(a) The General Assembly finds all of the following:
(1) A fundamental goal of the people of this State, | ||
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(2) A sound financial structure is essential to the | ||
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(3) To promote the financial integrity of districts, | ||
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(b) It is the purpose of this Article to provide a secure financial
basis for the continued operation of public schools. The
intention of the General Assembly, in creating this Article, is to
establish procedures, provide powers, and impose restrictions to ensure
the financial and educational integrity of the public schools, while
leaving principal responsibility for the educational policies of
public schools to the boards of education within the State, consistent
with the requirements for satisfying the public policy and purpose
set forth in this Article.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-10)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-10.
Definitions.
As used in this Article:
"Authority" means a School Finance Authority created under
this Article.
"Bonds" means bonds authorized to be issued by the Authority under Section
1E-65 of this Code.
"Budget" means the annual budget of the district required under
Section 17-1 of this Code, as in effect from time to time.
"Chairperson" means the Chairperson of the Authority.
"District" means any school district having a population of not more than
500,000 that prior to the effective date of this amendatory Act of the
92nd General Assembly has had a Financial Oversight Panel established
for the district under Section 1B-4 of this Code following the district's
petitioning of the State Board of Education for the creation of the
Financial Oversight Panel and for which the Financial Oversight Panel
has been in existence for at least one year.
"Financial plan" means the financial plan of the district to be
developed pursuant to this Article, as in effect from time to time.
"Fiscal year" means the fiscal year of the district.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent of Education.
"Obligations" means bonds and notes of the Authority.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-15)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-15.
Establishment of Authority; duties of district.
(a) A Financial Oversight Panel created under Article 1B of this Code for a
district may
petition
the State Board for the establishment of a School Finance Authority
for the district. The petition shall cite the
reasons why the creation of a School Finance Authority for the
district is necessary. The State Board may grant the petition upon
determining that the approval of the petition is in the best
educational and financial interests of the district.
(b) Upon approval of the petition by the State Board all of the following
shall occur:
(1) There is established a body both corporate and | ||
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(2) The Financial Oversight Panel is abolished, and | ||
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(3) The duties and obligations of the district under | ||
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(c) In the event of a conflict between the provisions of this Article
and the provisions of Article 1B of this Code, the provisions of this Article
control.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-20)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-20. Members of Authority; meetings.
(a) When a petition for a School Finance Authority is allowed by the State
Board under Section 1E-15 of this Code, the State Superintendent shall within
10 days thereafter appoint 5 members to serve on a School Finance Authority for
the district. Of the initial members, 2 shall be appointed to serve a
term of 2 years and 3 shall be appointed to serve a term of 3 years.
Thereafter, each member shall serve for a term of 3 years and until his or her
successor has been appointed. The State Superintendent shall designate one of
the members of the Authority to serve as its Chairperson. In the event
of vacancy or resignation, the State Superintendent shall, within 10
days after receiving notice, appoint a successor to serve out that
member's term. The State Superintendent may remove a member for
incompetence, malfeasance, neglect of duty, or other just cause.
Members of the Authority shall be selected primarily on the basis
of their experience and education in financial management,
with consideration given to persons knowledgeable in education finance.
Two members of the Authority shall be residents of the school district that the
Authority serves. A member of the Authority may not be a member of the
district's school board or an
employee of the district
nor may
a
member have a direct financial interest in the district.
Authority members shall serve without compensation, but may
be reimbursed by the State Board for travel and other necessary
expenses incurred in the performance of their official duties.
Unless paid from bonds issued under Section 1E-65 of this Code, the amount
reimbursed members for their expenses shall be charged
to the school district as part of any emergency financial
assistance and incorporated as a part of the terms and conditions
for repayment of the assistance or shall be deducted from the
district's general State aid or evidence-based funding as provided in Section 1B-8 of this Code.
The Authority may elect such officers as it deems appropriate.
(b) The first meeting of the Authority shall be held at the call of the
Chairperson.
The
Authority shall prescribe the times and places for its meetings and the manner
in which regular and special meetings may be called and shall comply with the
Open Meetings Act.
Three members of the Authority shall constitute a quorum.
When a vote is taken upon any measure before the Authority, a quorum
being present, a majority of the votes of the members voting on the
measure shall determine the outcome.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/1E-25)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-25. General powers. The purposes of the Authority shall be
to exercise financial control over the district and to furnish financial
assistance so that the district can provide public education within the
district's jurisdiction while permitting the district to meet its obligations
to its creditors and the holders of its debt. Except as
expressly limited by this Article, the Authority shall have all powers
granted to a voluntary or involuntary Financial Oversight Panel and to
a Financial Administrator under Article 1B of this Code and all other powers
necessary to meet its responsibilities and to carry out its purposes
and the purposes of this Article, including without limitation all of the
following powers,
provided that the Authority shall have no power to violate any statutory
provision, to impair any contract or obligation of the district, or to
terminate any employee without following the statutory procedures for
such terminations set forth in this Code:
(1) To sue and to be sued.
(2) To make and execute contracts, leases, subleases | ||
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(3) To purchase real or personal property necessary | ||
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(4) To appoint officers, agents, and employees of the | ||
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(5) To transfer to the district such sums of money as | ||
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(6) To borrow money and to issue obligations pursuant | ||
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(7) Subject to the provisions of any contract with or | ||
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(8) To procure all necessary goods and services for | ||
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(8.5) To take action on behalf of the district as | ||
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(9) To do any and all things necessary or convenient | ||
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(Source: P.A. 94-234, eff. 7-14-05.)
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(105 ILCS 5/1E-30)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-30.
Chief executive officer.
The Authority may appoint a
chief executive officer who, under the direction of the Authority, shall
supervise the Authority's staff, including the chief educational officer and
the chief fiscal officer, and shall have ultimate responsibility for
implementing the policies, procedures, directives, and decisions of the
Authority.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-35)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-35. Chief educational officer. Upon expiration of the
contract of the school district's superintendent who is serving at the time the
Authority is established, the Authority shall, following consultation with the
district, employ a chief educational officer for the district.
The chief educational officer shall report to the Authority or the chief
executive officer appointed by the Authority.
The chief educational officer shall have authority to determine the agenda and order of business at school board meetings, as needed in order to carry forward and implement the objectives and priorities of the Authority in the administration and management of the district.
The chief educational officer shall have all of the powers and duties of a
school district superintendent under this Code and such other duties
as may be assigned by the Authority, in accordance with this Code. The district
shall not thereafter employ a
superintendent during the period that a chief educational officer is serving in
the district. The chief educational officer shall hold a Professional Educator License with a
superintendent endorsement issued under Article 21B of this Code.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/1E-40)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-40. Chief fiscal officer. The Authority may appoint a chief
fiscal officer who, under the direction of the Authority, shall have all of
the powers and duties of the district's chief school business official and
any other duties regarding budgeting, accounting, and other financial
matters that are assigned by the Authority, in accordance with this Code.
The district may not employ a chief school business official during the
period that the chief fiscal officer is serving in the district. The chief
fiscal officer may but is not required to hold an educator license with a chief
school business official endorsement issued under Article 21B of this
Code.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/1E-45)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-45.
Collective bargaining agreements.
The Authority shall
have the power to negotiate collective bargaining agreements with the
district's employees in lieu of and on behalf of the district. Upon
concluding bargaining, the district shall execute the agreements
negotiated by the Authority, and the district shall be bound by and shall
administer the agreements in all respects as if the agreements had been
negotiated by the district itself.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-50)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-50.
Deposits and investments.
(a) The Authority shall have the power to establish checking and whatever
other banking accounts it may deem appropriate for conducting its affairs.
(b) Subject to the provisions of any contract with or for the
benefit of the holders of its obligations, the Authority may invest any
funds not required for immediate use or disbursement, as provided in
the Public Funds Investment Act.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-55)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-55.
Cash accounts and bank accounts.
(a) The Authority shall require the district or any officer of the district,
including the district's treasurer, to establish and maintain separate cash
accounts and separate bank accounts in accordance with such rules, standards,
and procedures as the Authority may prescribe.
(b) The Authority shall have the power to assume exclusive
administration of the cash accounts and bank accounts of the district, to
establish and maintain whatever new cash accounts and bank accounts it
may deem appropriate, and to withdraw funds from these accounts for the
lawful expenditures of the district.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-60)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-60.
Financial, management, and budgetary structure.
Upon
direction of the Authority, the district shall reorganize the financial
accounts, management, and budgetary systems of the district in whatever
manner the Authority deems appropriate to achieve greater financial
responsibility and to reduce financial inefficiency.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-65)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-65.
Power to issue bonds.
(a) The Authority may incur indebtedness by the issuance of
negotiable full faith and credit general obligation bonds of the Authority in
an outstanding amount not to
exceed at any time, including existing indebtedness, 13.8% of the district's
most recent equalized assessed valuation, excluding Bonds
of the Authority that have been refunded, for (i) the purpose of providing the
district with moneys for
ordinary and necessary expenditures
and other operational needs of the district; (ii) payment or refunding of
outstanding debt obligations or tax anticipation warrants of the district, the
proceeds of which
were used to provide financing for the district;
(iii)
payment of fees for arrangements as provided in subsection (b) of Section
1E-70 of this Code; (iv) payment of interest on Bonds; (v) establishment of
reserves
to secure Bonds; (vi) the payment of costs of issuance of Bonds; (vii) payment
of principal of or interest or redemption premium on any Bonds or notes
of the Authority; and (viii) all other expenditures of the Authority incidental
to and necessary or convenient for carrying out its corporate purposes
and powers.
(b) The Authority may from time to time (i) issue Bonds to refund
any outstanding Bonds or notes of the Authority, whether the Bonds or
notes to be refunded have or have not matured or become redeemable, and
(ii) issue Bonds partly to refund Bonds or notes then outstanding and
partly for any other purpose set forth in this Section.
(c) Bonds issued in accordance with subsection (a) of this Section
are not subject to any other statutory limitation as to debt, including without
limitation that established by the Local Government Debt Limitation Act, and
may
be issued without referendum.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-70)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-70.
Terms of bonds.
(a) Whenever the Authority desires or is required to issue Bonds as
provided in this Article, it shall adopt a resolution designating the
amount of the Bonds to be issued, the purposes for which the proceeds of
the Bonds are to be used, and the manner in which the proceeds shall be
held pending the application thereof. The Bonds shall be issued in the
corporate name of the Authority and shall bear such date or dates and
shall mature at such time or times, not exceeding 20 years from their
date, as the resolution may provide. The Bonds may be issued
as serial bonds payable in installments, as term bonds with sinking
fund installments, or as a combination of these as the Authority may
determine in the resolution. The Bonds shall be in such
denominations as the Authority may determine.
The Bonds
shall be in such form, carry such registration privileges, be
executed in such manner, be payable at such place or places, and
be subject to such terms of redemption at such redemption prices,
including premium, as the resolution may provide. The Bonds
shall be sold by the Authority at public or private sale, as determined by the
Authority.
(b) In connection with the issuance of its Bonds, the Authority may
enter into arrangements to provide additional security and liquidity for
the Bonds. These may include without limitation municipal bond
insurance, letters of credit, lines of credit by which the Authority may
borrow funds to pay or redeem its Bonds, and purchase or remarketing
arrangements for ensuring the ability of owners of the Authority's Bonds
to sell their Bonds or to have their Bonds redeemed. The Authority may enter
into
contracts and may agree to pay fees to persons providing the
arrangements, including from Bond proceeds, but only under circumstances
in which the total interest paid or to be paid on the Bonds, together
with the fees for the arrangements (being treated as if interest), would
not, taken together, cause the Bonds to bear interest, calculated to
their absolute maturity, at a rate in excess of the maximum rate allowed
by law.
The resolution of the Authority authorizing the issuance of its
Bonds may provide that interest rates may vary from time to time
depending upon criteria established by the Authority, which may include
without limitation a variation in interest rates as may be necessary to
cause the Bonds to be remarketable from time to time at a price equal to
their principal amount, and may provide for appointment of a national
banking association, bank, trust company, investment banker, or other
financial institution to serve as a remarketing agent in that
connection. The resolution of the Authority authorizing the issuance of
its Bonds may provide that alternative interest rates or provisions shall
apply during such times as the Bonds are held by a person providing a
letter of credit or other credit enhancement arrangement for those
Bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-75)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-75.
Tax levy.
(a) Before or at the time of issuing any Bonds, the Authority shall
provide by resolution for the levy and collection of a direct annual tax
upon all the taxable property located within the district without
limit as to rate or amount sufficient to pay and discharge the principal
thereof at maturity or on sinking fund installment dates and to pay the
interest thereon as it falls due. The taxes as levied shall also
include additional amounts to the extent that the collections in
the prior years were insufficient to pay and discharge the principal
thereof at maturity, sinking fund installments, if any, and
interest thereon as it fell due, and the amount so collected shall be
placed in the debt service reserve fund. The tax shall be in addition
to and exclusive of the maximum of all taxes that the Authority or
the district is authorized by law to levy for
any and all school purposes. The resolution shall be in force
upon its adoption.
(b) The levy shall be for the sole benefit of the holders of the
Bonds, and the holders of the Bonds shall have a security interest in
and lien upon all rights, claims, and interests of the Authority arising
pursuant to the levy and all present and future proceeds of the levy
until the principal of and sinking fund installments and interest on the
Bonds are paid in full. All proceeds from the levy shall be deposited
by each county collector directly in the debt service fund established
pursuant to Section 1E-80 of this Code, shall be applied solely for the payment
of principal of and sinking fund installments and interest on the Bonds, and
shall not be used for any other purpose.
(c) Upon the filing in the office of the county clerk of each
county where the school district is located of a duly certified copy of the
resolution, it shall be the duty of each county clerk to extend the
tax provided for in the resolution, including an amount determined by the
Authority to cover loss and cost of collection and also deferred
collections and abatements in the amount of the taxes as
extended on the collectors' books. The tax shall be separate and apart
from all other taxes of the Authority or the district and shall be
separately identified by the collectors.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-80)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-80.
Debt service fund.
The Authority shall establish a debt service
fund for the Bonds to be maintained by a paying agent, escrow agent,
depository, or corporate trustee, which may be any
trust company or bank having the power of a trust company within this State,
separate and segregated from all other funds and accounts of the Authority and
the district. All moneys on deposit in the debt service fund shall be held in
trust in the debt service fund for the benefit of the holders of the Bonds,
shall
be applied solely for the payment of the principal of and sinking fund
installment,
redemption premium, if any, and interest on the Bonds, and shall not be used
for any other purpose. The holders of the Bonds shall have a security interest
in and lien upon all such moneys.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-85)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-85.
Debt service reserve fund.
(a) The Authority may create and establish a debt service reserve
fund to be maintained by a paying agent, escrow agent, depository, or corporate
trustee, which may be any trust
company or bank having the power of a trust company within the State,
separate and segregated from all other funds and accounts of the
Authority. The Authority may pay the following into the debt service reserve
fund:
(1) any proceeds from the sale of Bonds to the extent | ||
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(2) any other moneys that may be available to the | ||
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(b) The amount to be accumulated in the debt service reserve fund
shall be determined by the Authority but shall not exceed the maximum
amount of interest, principal, and sinking fund installments due in any
succeeding calendar year.
(c) All moneys on deposit in the debt service reserve fund shall
be held in trust for the benefit of the holders of the Bonds, shall be
applied solely for the payment of principal of and sinking fund
installments and interest on the Bonds to the extent not paid from the
debt service fund, and shall not be used for any other purpose.
(d) Any moneys in the debt service reserve fund in excess of the
amount determined by the Authority pursuant to a resolution authorizing
the issuance of Bonds may be withdrawn by the Authority and used for any
of its lawful purposes.
(e) In computing the amount of the debt service reserve fund,
investments shall be valued as the Authority provides in the
resolution authorizing the issuance of the Bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-90)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-90.
Bond anticipation notes.
(a) After the issuance of
Bonds has been authorized, the Authority shall have power to
issue from time to time, pursuant to a resolution or resolutions of the
Authority, negotiable bond anticipation notes of the Authority in anticipation
of the
issuance of Bonds.
(b) Bond anticipation notes shall mature not later than 2 years
after the date of issuance, may be made redeemable prior to their
maturity, and may be sold in such manner, in such denominations, and at such
price or prices and shall bear interest at such rate or rates not to
exceed the maximum annual rate authorized by law,
as a resolution authorizing the
issuance of the bond anticipation notes may provide.
(c) The bond anticipation notes may be made payable as to both
principal and interest from the proceeds of the Bonds. The Authority may
provide for payment of interest on the bond anticipation notes from
direct annual taxes upon all the taxable property located within the
district that are authorized to be levied annually for
that purpose without limit as to rate or amount sufficient to pay the
interest as it falls due, in the manner, subject to the security
interest and lien, and with the effect provided in Section 1E-75 of this Code.
(d) The Authority is authorized to issue renewal notes in the event
it is unable to issue Bonds to pay outstanding bond anticipation notes,
on terms the Authority deems reasonable.
(e) A debt service fund shall be established in the manner provided
in Section 1E-80 of this Code by the Authority for the bond anticipation notes,
and the proceeds of any tax levy made pursuant to this Section shall be
deposited in the fund upon receipt.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-95)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-95.
Vesting powers in trustee or other authorized agent.
The
resolution
authorizing issuance of the Bonds shall vest in a trustee, paying agent, escrow
agent, or depository such rights,
powers, and duties in trust as the Authority may determine and may
contain such provisions for protecting and enforcing the rights and
remedies of the holders of the Bonds and limiting such rights and
remedies as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the Authority in
relation to the exercise of its corporate powers and the custody,
safeguarding, and application of all moneys. The resolution shall
provide for the manner in which moneys in the various funds and accounts
of the Authority may be invested and the disposition of the
earnings on the investments.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-100)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-100.
Discharge of bonds.
(a) If the Authority pays or
causes to be paid to the holders of all Bonds then outstanding the
principal, redemption price, if any, and interest to become due on the Bonds,
at the times and
in the manner stipulated therein and in
the resolution authorizing the issuance of the Bonds, then the
covenants, agreements, and other obligations of the Authority to the
Bondholders shall be discharged and satisfied.
(b) Bonds or interest installments for the payment or
redemption of which moneys have been set aside and held
in trust by the trustee or other authorized agent provided for in Section 1E-95
of this Code, through deposit by the Authority of funds for the
payment, redemption, or otherwise, at the maturity or redemption date, are
deemed to have been paid within the meaning and with the effect expressed in
subsection (a) of this Section. All outstanding Bonds of any series, prior to
the maturity or redemption date, are deemed to have been paid within the
meaning and with the effect expressed in subsection (a) of this Section if
(1) there has been deposited with the trustee or other authorized
agent either (A) moneys in an amount that is sufficient or
(B) direct obligations of the United States of America the principal of
and the interest on which, when due, will provide moneys that,
together with the moneys, if any, deposited with the trustee or other
authorized
agent at the same time, are sufficient to pay, when due,
the principal, sinking fund installment, or redemption price,
if applicable, of and interest due and to become due on the Bonds
on and prior to the redemption date, sinking fund installment date, or
maturity date, as the case may be, and (2) the Authority has given the trustee
or other authorized agent, in form satisfactory to it,
irrevocable instructions to give notice to the effect and in
accordance with the procedures provided in the resolution authorizing
the issuance of the Bonds. Neither direct obligations of the United
States of America, moneys deposited with the trustee or other authorized agent,
or
principal or interest payments on the securities shall be
withdrawn or used for any purpose other than, and shall be held in trust
for, the payment of the principal or redemption price, if applicable,
and interest on the Bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-105)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-105.
Pledge of the State.
The State of Illinois pledges to
and agrees with the holders of Bonds that the State will not limit or
alter the rights and powers vested in the Authority by this Article with
respect to the issuance of obligations so as to impair the terms of any
contract made by the Authority with these holders or in any way impair the
rights and remedies of these holders until the Bonds, together with interest on
the Bonds, interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or
proceedings by or on behalf of these holders, are fully met and
discharged or provisions made for their payment. The Authority is
authorized to include this pledge and agreement of the State in any
resolution or contract with the holders of Bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-110)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-110.
Statutory lien.
Any pledge, assignment, lien, or
security interest for the benefit of the holders of Bonds or bond
anticipation notes, if any, created pursuant to this Article are valid and
binding from the time the Bonds are issued, without any physical delivery or
further act, and are valid and binding as against and prior to any claims of
all
other parties having claims of any kind in tort, contract, or otherwise against
the State, the Authority, the district, or any other person, irrespective of
whether the other parties have notice.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-115)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-115.
State or district not liable on obligations.
Obligations shall not be
deemed to constitute (i) a debt or liability of the State, the
district, or any political subdivision of the State or district other than the
Authority or (ii) a pledge of the full faith and credit of the State, the
district, or any political
subdivision of the State or district other than the Authority but shall be
payable
solely from the funds and revenues provided for in this Article. The issuance
of obligations shall not directly,
indirectly, or contingently obligate the State, the district, or any political
subdivision of the State or district other than the Authority to levy any form
of
taxation therefor or to make any appropriation for their payment. Nothing in
this Section shall prevent or be construed to prevent the Authority from
pledging its full faith and credit to the payment of obligations.
Nothing in this Article shall be construed to
authorize the Authority to create a debt of the State or the district within
the
meaning of the Constitution or laws of Illinois, and
all obligations issued by the Authority pursuant to the provisions of
this Article are payable and shall state that they are payable solely
from the funds and revenues pledged for their payment in accordance with
the resolution authorizing their issuance or any trust indenture
executed as security therefor. The State or
the district shall not in any event be liable for the payment of
the principal of or interest on any obligations of the Authority or for
the performance of any pledge, obligation, or agreement of any
kind whatsoever that may be undertaken by the Authority. No breach of
any such pledge, obligation, or agreement may impose any
liability upon the State or the district or any charge upon their
general credit or against their taxing power.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-120)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-120.
Obligations as legal investments.
The obligations issued under
the provisions of this Article are hereby made securities in which all public
officers and bodies of this State, all political subdivisions of this State,
all persons carrying on an insurance business, all banks, bankers, trust
companies, saving banks, and savings associations (including savings and loan
associations, building and loan associations, investment companies, and
other persons carrying on a banking business), and all credit unions, pension
funds, administrators, and guardians who are or may be authorized to invest in
bonds or in other obligations of the State may properly and legally invest
funds, including capital, in their control or belonging to them. The
obligations are also hereby made securities that may be deposited with and may
be received by all public officers
and bodies of the State, all political subdivisions of the State, and
public corporations for any purpose for which the deposit of bonds or
other obligations of the State is authorized.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-125)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-125.
Complete authority.
This Article, without reference to any
other law, shall be deemed full and complete authority for the issuance of
Bonds and bond anticipation notes as provided in this Article.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-130)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-130.
Reports.
(a) The Authority, upon taking office and annually thereafter,
shall prepare and submit to the Governor, General Assembly, and State
Superintendent a report that includes the audited financial
statement for the preceding fiscal year, an approved
financial plan, and a statement of the major steps necessary to accomplish
the objectives of the financial plan.
(b) Annual reports shall be submitted on or before March 1 of
each year.
(c) The requirement for reporting to the General Assembly shall be
satisfied by filing copies of the report as provided in Section 3.1 of the
General Assembly Organization Act and by filing additional copies with the
State Government Report Distribution Center for the General Assembly as
required under subdivision (t) of Section 7 of the State Library Act.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-135)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-135.
Audit of Authority.
The Authority shall be subject to
audit in the manner provided for the audit of State funds and accounts.
A copy of the audit report shall be submitted to the State
Superintendent, the Governor, the Speaker and Minority Leader of the
House of Representatives, and the President and Minority Leader of the
Senate.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-140)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-140.
Assistance by State agencies, units of local
government, and school districts. The district shall render such services to
and permit the use of its facilities and resources by the Authority at
no charge as may be requested by the Authority. Any State agency, unit
of local government, or school district may, within its lawful
powers and duties, render such services to the Authority as may be
requested by the Authority. Upon request of the Authority, any State agency,
unit of local government, or school district is authorized
and empowered to loan to the Authority such officers and
employees as the Authority may deem necessary in carrying out its
functions and duties. Officers and employees so transferred
shall not lose or forfeit their employment status or rights.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-145)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-145.
Property of Authority exempt from taxation.
The
property of the Authority is exempt from taxation.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-150)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-150.
Sanctions.
(a) No member, officer, employee, or agent of the district may
commit the district to any contract or other obligation or incur any
liability on behalf of the district for any purpose if the amount of the
contract, obligation, or liability is in excess of the amount authorized
for that purpose then available under the financial plan and budget then
in effect.
(b) No member, officer, employee, or agent of the district may
commit the district to any contract or other obligation on behalf of the
district for the payment of money for any purpose required to be approved
by the Authority unless the contract or other obligation has been
approved by the Authority.
(c) No member, officer, employee, or agent of the district may take
any action in violation of any valid order of the Authority, may
fail or refuse to take any action required by any such order, may
prepare, present, certify, or report any information, including any projections
or estimates, for the Authority or any of its agents that is
false or misleading, or, upon learning that any such information is
false or misleading, may fail promptly to advise the Authority or its
agents.
(d) In addition to any penalty or liability under any other law,
any member, officer, employee, or agent of the district who violates
subsection (a), (b), or (c) of this Section is subject to
appropriate administrative discipline as may be imposed by the Authority,
including, if warranted, suspension from duty without pay, removal from
office, or termination of employment.
(Source: P.A. 92-547, eff. 6-13-02.)
|
(105 ILCS 5/1E-155)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-155.
Abolition of Authority.
The Authority shall be
abolished 10 years after its creation or one year after all its
obligations issued under the provisions of this Article have been fully paid
and discharged, whichever comes later. However, the State Board, upon
recommendation of the Authority
and if no obligations are outstanding, may abolish the Authority at any time
after the Authority has been in existence for 3 years. Upon the
abolition of the Authority, all of its
records shall be transferred to the State Board and any property of the
Authority
shall pass to and be vested in the State Board.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/1E-160)
(This Section scheduled to be repealed in accordance with 105 ILCS 5/1E-165) Sec. 1E-160.
Limitations of actions after abolition;
indemnification; legal representation.
(a) Abolition of the Authority pursuant to Section 1E-155 of this Code shall
bar any remedy available against the Authority, its members, employees, or
agents for any right or claim existing or any liability incurred prior to the
abolition unless the action or other proceeding is commenced prior to the
expiration of 2 years after the date of the abolition.
(b) The Authority may indemnify any member, officer, employee, or
agent who was or is a party or is threatened to be made a party to any
threatened, pending, or completed action, suit, or proceeding, whether
civil, criminal, administrative, or investigative, by reason of the fact
that he or she was a member, officer, employee, or agent of the Authority,
against expenses (including attorney's fees, judgments, fines, and
amounts paid in settlement actually and reasonably incurred by him or her in
connection with the action, suit, or proceeding) if he or she acted in good
faith and in a manner that he or she reasonably believed to be in or not
opposed to the best interests of the Authority and, with respect to any
criminal action or proceeding, had no reasonable cause to believe his or her
conduct was unlawful. The termination of any action, suit, or proceeding by
judgment, order, settlement, or conviction or upon a plea of nolo
contendere or its equivalent, shall not, of itself, create a presumption
that the person did not act in good faith in a manner that he or she reasonably
believed to be in or not opposed to the best interest of the Authority and,
with respect to any criminal
action or proceeding, had reasonable cause to believe that his or her conduct
was unlawful.
To the extent that a member, officer, employee, or agent of the
Authority has been successful, on the merits or otherwise, in the
defense of any such action, suit, or proceeding referred to in this
subsection (b) or in defense of any claim, issue, or matter therein, he or she
shall be indemnified against expenses, including attorney's fees, actually and
reasonably incurred by him or her in connection therewith. Any such
indemnification shall be made by the Authority only as authorized in the
specific case, upon a
determination that indemnification of the member, officer, employee, or agent
is proper in the circumstances because he or she has met the applicable
standard of conduct. The determination shall be made (i) by the Authority by a
majority vote of a quorum consisting of members who are not parties to the
action, suit, or proceeding or (ii) if such a quorum is not obtainable
or, even if obtainable, a quorum of disinterested members so directs,
by independent legal counsel in a written opinion.
Reasonable expenses incurred in defending an action, suit, or
proceeding shall be paid by the Authority in advance of the final
disposition of the action, suit, or proceeding, as authorized by the
Authority in the specific case, upon receipt of an undertaking
by or on behalf of the member, officer, employee, or agent to repay
the amount, unless it is ultimately determined that he or she is
entitled to be indemnified by the Authority as authorized in this
Section.
Any member, officer, employee, or agent against whom any action,
suit, or proceeding is brought may employ his or her own attorney to
appear on his or her behalf.
The right to indemnification accorded by this Section shall not
limit any other right to indemnification to which the member, officer,
employee, or agent may be entitled. Any rights under this Section shall inure
to the benefit of the heirs, executors, and administrators of any member,
officer, employee, or agent of the Authority.
The Authority may purchase and maintain insurance on behalf of any
person who is or was a member, officer, employee, or agent of the
Authority against any liability asserted against him or her and incurred by him
or her in any such capacity or arising out of his or her status as such,
whether or not the Authority would have the power to indemnify him or her
against the liability under the provisions of this Section.
The Authority shall be considered a State agency for purposes of
receiving representation by the Attorney General. Members, officers,
employees, and agents of the Authority shall be entitled to representation
and indemnification under the State Employee Indemnification Act.
(Source: P.A. 92-547, eff. 6-13-02.)
|
(105 ILCS 5/1E-165) (This Section scheduled to be repealed in accordance with this Section) Sec. 1E-165. Repeal. When the Authority established pursuant to this Article is abolished pursuant to Section 1E-155, this Article shall be repealed.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/Art. 1F heading) ARTICLE 1F.
DOWNSTATE SCHOOL FINANCE AUTHORITY
FOR ELEMENTARY DISTRICTS
(Repealed)(Source: Repealed by P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/Art. 1G heading) ARTICLE 1G.
MATHEMATICS AND SCIENCE
BLOCK GRANT PROGRAM
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(105 ILCS 5/1G-1)
Sec. 1G-1.
Purpose.
The purpose of this Article is to permit greater
flexibility and efficiency in the distribution and use of certain State funds
available to local education agencies in order to ensure that students meet or
exceed the Illinois Learning Standards in mathematics and science. The State
Board of Education shall administer a Mathematics and Science Block Grant
Program and award Program funds to eligible recipients upon application. As
used in this Section, "school district" shall include those schools designated
as "laboratory schools".
(Source: P.A. 93-50, eff. 7-1-03.)
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(105 ILCS 5/1G-5)
Sec. 1G-5.
Authorized Uses.
Mathematics and Science Block Grant Program
funds shall be used in the following manner consistent with application
requirements established by the State Board of Education as provided in Section
1G-15 of this Article:
(1) To expand learning opportunities in grades | ||
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(2) To expand learning opportunities in grades | ||
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(3) To train and retrain teachers of grades | ||
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(4) To improve curriculum, instruction, and | ||
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(5) To supply classrooms with materials and equipment | ||
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(Source: P.A. 93-50, eff. 7-1-03.)
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(105 ILCS 5/1G-10)
Sec. 1G-10.
Allocation.
Mathematics and Science Block Grant Program funds
shall be distributed to school districts, subject to appropriation and based
upon
rules established by the State Board of Education. Distribution of moneys
to school districts shall be made in semi-annual installment payments, one
payment to be made on or before October 30, and one payment to be made prior to
April 30 of each year.
(Source: P.A. 93-50, eff. 7-1-03.)
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(105 ILCS 5/1G-15)
Sec. 1G-15.
Application.
Mathematics and Science Block Grant Program
funds shall be made available to each eligible school district upon completion
of an application process that is consistent with rules established by the
State Board of Education. The application shall include the planned use of the
funds.
(Source: P.A. 93-50, eff. 7-1-03.)
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(105 ILCS 5/1G-20)
Sec. 1G-20.
Rules.
The State Board of Education shall adopt rules
as may be necessary to implement the provisions of this Article.
(Source: P.A. 93-50, eff. 7-1-03.)
|
(105 ILCS 5/Art. 1H heading)
ARTICLE 1H. FINANCIAL OVERSIGHT PANELS
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-1) Sec. 1H-1. Short title. This Article may be cited as the Financial Oversight Panel Law.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-5) Sec. 1H-5. Findings; purpose; intent. (a) The General Assembly finds all of the following: (1) A fundamental goal of the people of this State, | ||
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(2) A sound financial structure is essential to the | ||
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(3) To promote the financial integrity of districts, | ||
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(b) It is the purpose of this Article to provide a secure financial basis for the continued operation of public schools. The intention of the General Assembly, in creating this Article, is to establish procedures, provide powers, and impose restrictions to ensure the financial and educational integrity of public school districts, while leaving principal responsibility for the educational policies of public schools to their boards of education, consistent with the requirements for satisfying the public policy and purpose set forth in this Article.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-10) Sec. 1H-10. Definitions. As used in this Article: "Budget" means the annual budget of the district required under Section 17-1 of this Code, as in effect from time to time. "Chairperson" means the Chairperson of the Panel. "District" means any school district having a population of not more than 500,000 that has had a Financial Oversight Panel established under this Article. "Financial plan" means the financial plan of the district to be developed pursuant to this Article, as in effect from time to time. "Fiscal year" means the fiscal year of the district. "Obligations" means notes or other short-term debts or liabilities of the Panel. "Panel" means a Financial Oversight Panel created under this Article. "State Board" means the State Board of Education. "State Superintendent" means the State Superintendent of Education.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-15) Sec. 1H-15. Establishment of Financial Oversight Panels; duties of district. (a) A school district may petition the State Board for the establishment of a Financial Oversight Panel for the district or the State Board may establish a Panel without a petition from the district. The petition shall cite the reasons why the creation of a Financial Oversight Panel for the district is necessary. In determining whether or not to place a district under a Panel, the State Board shall consider all of the following: (1) If a Panel is in the best educational and | ||
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(2) If a Panel is in the best interest of other | ||
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(3) Whether the board of education has complied with | ||
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(b) Upon establishment of a Financial Oversight Panel, all of the following shall occur: (1) There is established a body both corporate and | ||
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(2) The powers and duties of a Financial Oversight | ||
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(3) The Financial Oversight Panel, the school board, | ||
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(c) Any school district having a Financial Oversight Panel established under Article 1B of this Code or any Financial Oversight Panel established under Article 1B may petition the State Board for the establishment of a Financial Oversight Panel under this Article and concurrent dissolution of the Article 1B Panel. All records, papers, books, funds, or other assets or liabilities belonging to the dissolving Financial Oversight Panel shall be transferred to the newly established Financial Oversight Panel.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-20) Sec. 1H-20. Members of Panel; meetings. (a) Upon establishment of a Financial Oversight Panel under Section 1H-15 of this Code, the State Superintendent shall within 15 working days thereafter appoint 5 members to serve on a Financial Oversight Panel for the district. Members appointed to the Panel shall serve at the pleasure of the State Superintendent. The State Superintendent shall designate one of the members of the Panel to serve as its Chairperson. In the event of vacancy or resignation, the State Superintendent shall, within 10 days after receiving notice, appoint a successor to serve out that member's term. (b) Members of the Panel shall be selected primarily on the basis of their experience and education in financial management, with consideration given to persons knowledgeable in education finance. Two members of the Panel shall be residents of the school district that the Panel serves. A member of the Panel may not be a member of the district's school board or an employee of the district nor may a member have a direct financial interest in the district. (c) Panel members may be reimbursed by the State Board for travel and other necessary expenses incurred in the performance of their official duties. The amount reimbursed members for their expenses shall be charged to the school district as part of any emergency financial assistance and incorporated as a part of the terms and conditions for repayment of the assistance or shall be deducted from the district's general State aid or evidence-based funding as provided in Section 1H-65 of this Code. (d) With the exception of the chairperson, who shall be designated as provided in subsection (a) of this Section, the Panel may elect such officers as it deems appropriate. (e) The first meeting of the Panel shall be held at the call of the Chairperson. The Panel shall prescribe the times and places for its meetings and the manner in which regular and special meetings may be called and shall comply with the Open Meetings Act. The Panel shall also comply with the Freedom of Information Act. (f) Three members of the Panel shall constitute a quorum. A majority of members present is required to pass a measure.
(Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/1H-25) Sec. 1H-25. General powers. (a) The purposes of the Panel shall be to exercise financial control over the district and to furnish financial assistance so that the district can provide public education within the district's jurisdiction while permitting the district to meet its obligations to its creditors and the holders of its debt. Except as expressly limited by this Article, the Panel shall have all powers granted to a voluntary or involuntary Financial Oversight Panel and to a Financial Administrator under Article 1B of this Code and all other powers necessary to meet its responsibilities and to carry out its purposes and the purposes of this Article, including without limitation all of the following powers, provided that the Panel shall have no power to terminate an employee without following the statutory procedures for such terminations set forth in this Code: (1) To sue and to be sued. (2) To determine at a regular or special meeting that | ||
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(3) To lease or purchase real or personal property | ||
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(4) To employ officers, agents, and employees of the | ||
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(5) To transfer to the district such sums of money as | ||
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(6) To borrow money, including without limitation | ||
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(7) To levy all property tax levies that otherwise | ||
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(8) Subject to the provisions of any contract with or | ||
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(9) To procure all necessary goods and services for | ||
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(10) To do any and all things necessary or convenient | ||
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(11) To recommend any type of reorganization of the | ||
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(b) Notwithstanding the provisions of subsection (a) of this Section, the Panel shall have no power to do any of the following: (1) Unilaterally cancel or modify any collective | ||
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(2) Lease, sublease, buy, build, or otherwise acquire | ||
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(3) Authorize payments for or incur any debt for any | ||
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(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-30) Sec. 1H-30. Employees. The Panel may employ individuals under this Section if it is so warranted. These individuals may include any of the following: (1) A chief executive officer who shall supervise the | ||
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(2) A chief educational officer, who may be employed | ||
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(3) A chief fiscal officer, who may be employed by | ||
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(4) A superintendent, who shall be under the | ||
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(5) A chief school business official, who shall have | ||
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An individual employed by the Panel as a superintendent or a chief school business official under this Section must hold the appropriate license for these positions. Individuals employed by the Panel as a chief executive officer, chief educational officer, or chief fiscal officer under this Section are not required to hold licensure. A chief educational officer under this Section must not be employed by the Panel during a period a superintendent is employed by the district and a chief fiscal officer under this Section must not be employed by the Panel during a period a chief school business official is employed by the district. Individuals employed under subdivision (2), (3), (4), or (5) of this Section shall report to the Panel or to the chief executive officer under this Section if there is one.
(Source: P.A. 102-894, eff. 5-20-22.) |
(105 ILCS 5/1H-35) Sec. 1H-35. School treasurer. (a) In Class I county school units and in each district that forms part of a Class II county school unit but that has withdrawn from the jurisdiction and authority of the trustees of schools of the township in which the district is located and from the jurisdiction and authority of the township treasurer in the Class II county school unit, the Panel may, in its discretion, remove the treasurer appointed or elected by the school board of the district and appoint a new treasurer to succeed the removed treasurer as provided in Section 8-19 of this Code. (b) In the case of a district located in a Class II county school unit where such district is subject to the jurisdiction and authority of township trustees and the jurisdiction and authority of the township treasurer, the Panel may require production of bank reconciliations and other reports or statements as required under Sections 8-6 and 8-13 through 8-15 of this Code. (c) All school treasurers appointed or elected pursuant to this Section shall be subject to the provisions of Sections 8-2 through 8-20 and other applicable provisions of the School Code.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-45) Sec. 1H-45. Collective bargaining agreements. In conjunction with the district, the Panel shall have the power to negotiate collective bargaining agreements with the district's employees. Upon union ratification, the district and the Panel shall execute the agreements negotiated by the Panel, and the district shall be bound by and shall administer the agreements in all respects as if the agreements had been negotiated by the district itself.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-50) Sec. 1H-50. Deposits and investments. (a) The Panel shall have the power to establish checking and whatever other banking accounts it may deem appropriate for conducting its affairs. (b) Subject to the provisions of any contract with or for the benefit of the holders of its obligations, the Panel may invest any funds not required for immediate use or disbursement, as provided in the Public Funds Investment Act.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-55) Sec. 1H-55. Cash accounts and bank accounts. (a) The Panel shall require the district or any officer of the district, including the district's treasurer, to establish and maintain separate cash accounts and separate bank accounts in accordance with such rules, standards, and procedures as the Panel may prescribe. (b) The Panel shall have the power to assume exclusive administration of the cash accounts and bank accounts of the district, to establish and maintain whatever new cash accounts and bank accounts it may deem appropriate, and to withdraw funds from these accounts for the lawful expenditures of the district.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-60) Sec. 1H-60. Financial, management, and budgetary structure. Upon direction of the Panel, the district shall reorganize the financial accounts, management, and budgetary systems of the district in a manner consistent with rules adopted by the State Board regarding accounting, budgeting, financial reporting, and auditing as the Panel deems appropriate to remedy the conditions that led the Panel to be created and to achieve greater financial responsibility and to reduce financial inefficiency.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-65) Sec. 1H-65. School district emergency financial assistance; grants and loans.
The Panel may prepare and file with the State Superintendent a proposal for emergency financial assistance for the school district and for the operations budget of the Panel, in accordance with Section 1B-8 of this Code. A school district may receive both a loan and a grant.(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-70) Sec. 1H-70. Tax anticipation warrants, tax anticipation notes, revenue anticipation certificates or notes, general State aid or evidence-based funding anticipation certificates, and lines of credit. With the approval of the State Superintendent and provided that the district is unable to secure short-term financing after 3 attempts, a Panel shall have the same power as a district to do the following: (1) issue tax anticipation warrants under the | ||
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(2) issue tax anticipation notes under the provisions | ||
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(3) issue revenue anticipation certificates or notes | ||
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(4) issue general State aid or evidence-based funding | ||
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(5) establish and utilize lines of credit under the | ||
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Tax anticipation warrants, tax anticipation notes, revenue anticipation certificates or notes, general State aid or evidence-based funding anticipation certificates, and lines of credit are considered borrowing from sources other than the State and are subject to Section 1H-65 of this Code.
(Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/1H-75) Sec. 1H-75. Tax for emergency Financial Oversight Panel financial aid. If the Panel is unable to secure short-term borrowing pursuant to Section 1H-70 of this Code, the Panel: (1) based upon an original or amended budget filed by | ||
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(2) following approval by the State Board of | ||
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(3) may issue warrants, or may provide a fund to meet | ||
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(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-85) Sec. 1H-85. Obligations as legal investments. The obligations issued under the provisions of this Article are hereby made securities in which all public officers and bodies of this State, all political subdivisions of this State, all persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations (including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business), and all credit unions, pension funds, administrators, and guardians who are or may be authorized to invest in bonds or in other obligations of the State may properly and legally invest funds, including capital, in their control or belonging to them. The obligations are also hereby made securities that may be deposited with and may be received by all public officers and bodies of the State, all political subdivisions of the State, and public corporations for any purpose for which the deposit of bonds or other obligations of the State is authorized.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-90) Sec. 1H-90. Reports. The Panel, upon taking office and annually thereafter, shall prepare and submit to the State Superintendent a report that includes the audited financial statement for the preceding fiscal year prepared and audited in compliance with the provisions of Sections 3-7 and 3-15.1 of this Code, an approved financial plan, and a statement of the major steps necessary to accomplish the objectives of the financial plan. This report must be submitted annually by March 1 of each year and must detail information from the previous school year. The school board must be allowed to comment on the annual report of the Panel, and the comments of the school board shall be included as an appendix to such annual report of the Panel.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-95) Sec. 1H-95. Audit of Panel. The State Superintendent may require a separate audit of the Panel, otherwise the activities of the Panel must be included in the scope of the audit of the school district. A copy of the audit report covering the Panel must be submitted to the State Superintendent.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-100) Sec. 1H-100. Assistance by State agencies, units of local government, and school districts. The district shall render such services to and permit the use of its facilities and resources by the Panel at no charge as may be requested by the Panel. Any State agency, unit of local government, or school district may, within its lawful powers and duties, render such services to the Panel as may be requested by the Panel. Upon request of the Panel, any State agency, unit of local government, or school district is authorized and empowered to loan to the Panel such officers and employees as the Panel may deem necessary in carrying out its functions and duties. Officers and employees so transferred shall not lose or forfeit their employment status or rights.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-105) Sec. 1H-105. Property of Panel exempt from taxation. The property of the Panel is exempt from taxation.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-110) Sec. 1H-110. Sanctions. (a) No member, officer, employee, or agent of the district may commit the district to any contract or other obligation or incur any liability on behalf of the district for any purpose if the amount of the contract, obligation, or liability is in excess of the amount authorized for that purpose then available under the financial plan and budget then in effect. (b) No member, officer, employee, or agent of the district may commit the district to any contract or other obligation on behalf of the district for the payment of money for any purpose required to be approved by the Panel unless the contract or other obligation has been approved by the Panel. (c) No member, officer, employee, or agent of the district may take any action in violation of any valid order of the Panel, may fail or refuse to take any action required by any such order, may prepare, present, certify, or report any information, including any projections or estimates, for the Panel or any of its agents that is false or misleading, or, upon learning that any such information is false or misleading, may fail promptly to advise the Panel or its agents. (d) In addition to any penalty or liability under any other law, any member, officer, employee, or agent of the district who violates subsection (a), (b), or (c) of this Section is subject to appropriate administrative discipline as may be imposed by the Panel, including, if warranted, suspension from duty without pay, removal from office, or termination of employment.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/1H-115) Sec. 1H-115. Abolition of Panel. (a) Except as provided in subsections (b), (c), (d), and (e) of this Section, the Panel shall be abolished 10 years after its creation. (b) The State Board, upon recommendation of the Panel or petition of the school board, may abolish the Panel at any time after the Panel has been in existence for 3 years if no obligations of the Panel are outstanding or remain undefeased and upon investigation and finding that: (1) none of the factors specified in Section 1A-8 of | ||
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(2) there has been substantial achievement of the | ||
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(c) The Panel of a district that otherwise meets all of the requirements for abolition of a Panel under subsection (b) of this Section, except for the fact that there are outstanding financial obligations of the Panel, may petition the State Board for reinstatement of all of the school board's powers and duties assumed by the Panel; and if approved by the State Board, then: (1) the Panel shall continue in operation, but its | ||
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(2) the school board shall once again begin | ||
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(3) the Panel shall be abolished as provided in | ||
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(d) If the Panel of a district otherwise meets all of the requirements for abolition of a Panel under subsection (b) of this Section, except for outstanding obligations of the Panel, then the district may petition the State Board for abolition of the Panel if the district: (1) establishes an irrevocable trust fund, the | ||
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(2) issues funding bonds pursuant to the provisions | ||
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A district with a Panel that falls under this subsection (d) shall be abolished as provided in subsection (a) of this Section.
(e) The duration of a Panel may be continued for more than 10 years after the date of its creation if the State Board extends the Panel's duration under paragraph (3) of subsection (e) of Section 18-8.15 of this Code.(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/1H-120) Sec. 1H-120. Indemnification; legal representation; limitations of actions after abolition. (a) The Panel may indemnify any member, officer, employee, or agent who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that he or she was a member, officer, employee, or agent of the Panel, against expenses (including attorney's fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with the action, suit, or proceeding) if he or she acted in good faith and in a manner that he or she reasonably believed to be in or not opposed to the best interests of the Panel and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith in a manner that he or she reasonably believed to be in or not opposed to the best interests of the Panel and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful. To the extent that a member, officer, employee, or agent of the Panel has been successful, on the merits or otherwise, in the defense of any such action, suit, or proceeding referred to in this subsection (b) or in defense of any claim, issue, or matter therein, he or she shall be indemnified against expenses, including attorney's fees, actually and reasonably incurred by him or her in connection therewith. Any such indemnification shall be made by the Panel only as authorized in the specific case, upon a determination that indemnification of the member, officer, employee, or agent is proper in the circumstances because he or she has met the applicable standard of conduct. The determination shall be made (i) by the Panel by a majority vote of a quorum consisting of members who are not parties to the action, suit, or proceeding or (ii) if such a quorum is not obtainable or, even if obtainable, a quorum of disinterested members so directs, by independent legal counsel in a written opinion. Reasonable expenses incurred in defending an action, suit, or proceeding shall be paid by the Panel in advance of the final disposition of the action, suit, or proceeding, as authorized by the Panel in the specific case, upon receipt of an undertaking by or on behalf of the member, officer, employee, or agent to repay the amount, unless it is ultimately determined that he or she is entitled to be indemnified by the Panel as authorized in this Section. Any member, officer, employee, or agent against whom any action, suit, or proceeding is brought may employ his or her own attorney to appear on his or her behalf. The right to indemnification accorded by this Section shall not limit any other right to indemnification to which the member, officer, employee, or agent may be entitled. Any rights under this Section shall inure to the benefit of the heirs, executors, and administrators of any member, officer, employee, or agent of the Panel. The Panel may purchase and maintain insurance on behalf of any person who is or was a member, officer, employee, or agent of the Panel against any liability asserted against him or her and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the Panel could have the power to indemnify him or her against liability under the provisions of this Section. (b) The Panel shall be considered a State agency for purposes of receiving representation by the Attorney General. Members, officers, employees, and agents of the Panel shall be entitled to representation and indemnification under the State Employee Indemnification Act. (c) Abolition of the Panel pursuant to Section 1H-115 of this Code shall bar any remedy available against the Panel, its members, employees, or agents for any right or claim existing or any liability incurred prior to the abolition, unless the action or other proceeding is commenced prior to the expiration of 2 years after the date of the abolition.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/Art. 2 heading) ARTICLE 2.
STATE BOARD OF EDUCATION -
POWERS AND DUTIES
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(105 ILCS 5/2-2) (from Ch. 122, par. 2-2)
Sec. 2-2.
Oath - Bond.
Before entering upon their duties the members of the State
Board of Education shall take and subscribe the oath
of office prescribed by the Constitution. Such oath shall be filed
with the Secretary of State.
(Source: P.A. 90-372, eff. 7-1-98.)
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(105 ILCS 5/2-3) (from Ch. 122, par. 2-3)
Sec. 2-3.
Powers and duties.
The State Board of Education
shall have the powers and
duties enumerated in the subsequent sections of this article, and may
delegate its authority to the State Superintendent of Education as provided
in Section 1A-4.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.1) (from Ch. 122, par. 2-3.1)
Sec. 2-3.1.
Office - Records.
To have an office at the seat of government, and to keep a record of
all matters pertaining to the business of such office.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.2) (from Ch. 122, par. 2-3.2)
Sec. 2-3.2.
Papers, reports, documents.
To file all papers, reports and public documents transmitted to it
by the school officers of the several counties, for each year
separately; and to keep all other public documents, books and papers
relative to schools, coming into its hands as State Board
of Education.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.2a)
Sec. 2-3.2a.
Electronic transmission and collection of data and funds.
The
State
Board of Education may require that the transmission or collection of any
document,
record, form, claim, proposal, other data, or funds, between the State Board of
Education and any entity doing business with the State Board of Education, be
handled
by electronic transmission or collection. The State Board shall
establish
standards for the electronic transmission and collection of data and funds,
including
data encryption standards, that must be used by all entities doing business
with the
State Board. These standards must comply with the Electronic
Commerce
Security Act.
(Source: P.A. 92-121, eff. 7-20-01.)
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(105 ILCS 5/2-3.3) (from Ch. 122, par. 2-3.3)
Sec. 2-3.3.
Supervision of public schools.
To supervise all the public schools in the State.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/2-3.4) (from Ch. 122, par. 2-3.4)
Sec. 2-3.4.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/2-3.5) (from Ch. 122, par. 2-3.5)
Sec. 2-3.5.
Assist county superintendents.
To advise and assist county superintendents of schools, addressing to
them from time to time circular letters relating to the best manner of
conducting schools, constructing and furnishing schoolhouses, and examining
and procuring competent teachers.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/2-3.6) (from Ch. 122, par. 2-3.6)
Sec. 2-3.6. Rules and policies. To make rules, in accordance with the Illinois Administrative Procedure Act, that are
necessary to carry into efficient and uniform effect all
laws for establishing and maintaining free schools in the State. The State Board of Education may not adopt any rule or policy that alters the intent of the authorizing law or that supersedes federal or State law. The Board may not make policies affecting school districts that have the effect of rules without following the procedures of the Illinois Administrative Procedure Act.
(Source: P.A. 93-1036, eff. 9-14-04.)
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(105 ILCS 5/2-3.7) (from Ch. 122, par. 2-3.7)
Sec. 2-3.7.
Legal adviser of school officers - Opinions.
To be the legal adviser of school officers, and, when requested by
any school officer, to give an opinion in writing upon any question
arising under the school laws of the State.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.7a) (from Ch. 122, par. 2-3.7a)
Sec. 2-3.7a.
Advisory committees and their composition.
To create,
form, or appoint task forces, study committees, blue ribbon panels,
commissions, or any other type of organization, by whatever name
designated, to study or examine educational policy issues, problems, or
concerns. Any task force, study committee, blue ribbon panel, commission,
or organization created or appointed by the State Board of Education or the
State Superintendent of Education after this amendatory Act takes effect
shall include parents or guardians of students involved in or directly affected
by the issues, problems, or concerns under study. The parents or guardians
appointed to comply with this Section shall not be employed by or
administratively connected with any school system or institution of higher
learning in Illinois, employed by any educational collective bargaining
organization within Illinois, employed by any association of school boards
or school administrative officers, employed by the State Board of
Education, or members of any school board or board of school trustees of
any public or private school, college, university, or technical institution
within Illinois.
(Source: P.A. 87-916.)
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(105 ILCS 5/2-3.8) (from Ch. 122, par. 2-3.8)
Sec. 2-3.8.
Hear and determine controversies.
To hear and determine all controversies arising under the school laws
of the State, coming to it by appeal from a regional
superintendent of
schools.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.9) (from Ch. 122, par. 2-3.9)
Sec. 2-3.9. Grant and suspend teachers' licenses. Subject to the provisions of Article 21B, to grant licenses to such
teachers as may be found qualified to receive them and to suspend the
operation of any State license for immorality or other unprofessional
conduct.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/2-3.10)
Sec. 2-3.10. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.11)
Sec. 2-3.11. (Repealed).
(Source: P.A. 96-734, eff. 8-25-09. Repealed by P.A. 102-539, eff. 8-20-21.)
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(105 ILCS 5/2-3.11b)
Sec. 2-3.11b. (Repealed).
(Source: P.A. 84-1419. Repealed by P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/2-3.11c)
Sec. 2-3.11c. Teacher supply and demand report. Through January 1, 2009, to report annually, on or
before January 1,
on the relative supply and demand for
education staff of the public schools
to the Governor, to the General Assembly, and to institutions
of higher education that prepare teachers, administrators, school service
personnel, other certificated individuals, and other professionals employed by
school districts or joint agreements. After the report due on January 1, 2009 is submitted, future reports shall be submitted once every 3 years, with the first report being submitted on or before January 1, 2012. The report shall contain the following
information:
(1) the relative supply and demand for teachers, | ||
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(2) State and regional analyses of fields, content | ||
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(3) projections of likely high demand and low demand | ||
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(Source: P.A. 96-734, eff. 8-25-09; 97-256, eff. 1-1-12.)
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(105 ILCS 5/2-3.11d) Sec. 2-3.11d. Data on tests required for teacher preparation and licensure. To collect and maintain all of the following data for each institution of higher education engaged in teacher preparation in this State: (1) (Blank). (2) (Blank). (3) The total number of content area tests attempted | ||
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(4) The total number of content area tests passed | ||
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The data regarding content-area tests shall be reported in sum, rather than by separately listing each content area, in order to better protect the identity of the test-takers. On or before August 1, 2007, the State Board of Education shall file with the General Assembly and the Governor and shall make available to the public a report listing the institutions of higher education engaged in teacher preparation in this State, along with the data listed in items (1) and (2) of this Section pertinent to each institution. On or before October 1, 2012 and every 3 years thereafter, the State Board of Education shall file with the General Assembly and the Governor and shall make available to the public a report listing the institutions of higher education engaged in teacher preparation in this State, along with the data listed in items (1) through (4) of this Section pertinent to each institution.
(Source: P.A. 102-894, eff. 5-20-22.) |
(105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
Sec. 2-3.12. School building code. (a) To prepare for school boards with the
advice of the Department of Public Health, the Capital Development Board, and
the State Fire Marshal a school building code that will conserve the health and
safety and general welfare of the pupils and school personnel and others who
use public school facilities.
(b) Within 2 years after September 23, 1983,
and every 10 years thereafter, or at such other times as the State Board of
Education deems necessary or the regional superintendent so orders, each school
board subject to the provisions of this Section shall again survey its school
buildings and effectuate any recommendations in accordance with the procedures
set forth herein. (1) An architect or engineer licensed in the State of | ||
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(2) The school board shall approve the safety survey | ||
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(3) The Regional Superintendent shall render a | ||
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(4) The State Superintendent of Education shall | ||
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(5) Upon receipt of the certificate of approval, the | ||
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(A) Items in the report shall be prioritized. (B) Urgent items shall be considered as those | ||
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(C) Required items shall be considered as those | ||
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(D) Urgent and required items shall reference a | ||
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(6) The school board of each district so surveyed | ||
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(7) Required items shall be corrected in a timely | ||
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(8) Once each year the school board shall submit a | ||
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(c) As soon as practicable, but not later than 2 years after January 1, 1993, the State Board of Education shall combine
the document known as "Efficient and Adequate Standards for the Construction of
Schools" with the document known as "Building Specifications for Health and
Safety in Public Schools" together with any modifications or additions that may
be deemed necessary. The combined document shall be known as the "Health/Life
Safety Code for Public Schools" and shall be the governing code for all
facilities that house public school students or are otherwise used for public
school purposes, whether such facilities are permanent or temporary and
whether they are owned, leased, rented, or otherwise used by the district.
Facilities owned by a school district but that are not used to house public
school students or are not used for public school purposes shall be
governed by separate provisions within the code authorized by this Section.
(d) The 10 year survey cycle specified in this Section shall continue to
apply based upon the standards contained in the "Health/Life Safety Code
for Public Schools", which shall specify building standards for buildings that
are constructed prior to January 1, 1993 and
for buildings that are constructed after that date.
(e) The "Health/Life Safety Code for Public Schools" shall be the governing code
for public schools; however, the provisions of this Section shall not preclude
inspection of school premises and buildings pursuant to Section 9 of the Fire
Investigation Act, provided that the provisions of the "Health/Life Safety Code
for Public Schools", or such predecessor document authorized by this Section as
may be applicable are used, and provided that those inspections are coordinated
with the Regional Superintendent having jurisdiction over the public school
facility.
(e-5) After the effective date of this amendatory Act of the 98th General Assembly, all new school building construction governed by the "Health/Life Safety Code for Public Schools" must include in its design and construction a storm shelter that meets the minimum requirements of the ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC-500), published jointly by the International Code Council and the National Storm Shelter Association. Nothing in this subsection (e-5) precludes the design engineers, architects, or school district from applying a higher life safety standard than the ICC-500 for storm shelters. (f) Nothing in this Section shall be construed to prohibit the State Fire Marshal or a qualified fire official to whom the State Fire Marshal has delegated his or her authority
from
conducting a fire safety check in a public school. (g) The Regional Superintendent shall address any violations that are not corrected in a timely manner pursuant to subsection (b) of Section 3-14.21 of this Code.
(h) Any agency having jurisdiction beyond the scope of the applicable
document authorized by this Section may issue a lawful order to a school board
to effectuate recommendations, and the school board receiving the order shall
certify to the Regional Superintendent and the State Superintendent of
Education when it has complied with the order.
(i) The State Board of Education is authorized to adopt any rules that are
necessary relating to the administration and enforcement of the provisions of
this Section. (j) The code authorized by this Section shall apply only to those
school districts having a population of less than 500,000 inhabitants.
(k) In this Section, a "qualified fire official" means an individual that meets the requirements of rules adopted by the State Fire Marshal in cooperation with the State Board of Education to administer this Section. These rules shall be based on recommendations made by the task force established under Section 2-3.137 (now repealed) of this Code.
(Source: P.A. 98-883, eff. 1-1-15; 99-30, eff. 7-10-15.) |
(105 ILCS 5/2-3.12a)
Sec. 2-3.12a.
(Repealed).
(Source: P.A. 91-89, eff. 7-9-99. Repealed internally, eff. 12-31-99.)
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(105 ILCS 5/2-3.13)
Sec. 2-3.13. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) Sec. 2-3.13a. School records; transferring students. (a) The State
Board of Education shall establish and implement rules requiring all of the
public schools and all private or nonpublic elementary and secondary
schools located in this State, whenever any such school has a student who
is transferring to any other public elementary or secondary school located in
this or in any other state, to forward within 10 days of notice of the
student's transfer an unofficial record of that student's grades to the school
to which such student is transferring. Each public school at the same time
also shall forward to the school to which the student is transferring the
remainder of the student's school student records as required by the Illinois
School Student Records Act.
In addition, if a student is transferring from a public school, whether
located in this or any other state, from which the
student has been suspended or expelled for knowingly possessing in a school
building or on school grounds a weapon as defined in the Gun Free Schools Act
(20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or delivering in
a school building or on school grounds a controlled substance or cannabis, or
for battering a staff member of the school, and
if the period of suspension or expulsion has not expired at the time the
student attempts to transfer into another public school in the same or any
other school district: (i) any school student records required to be
transferred shall include the date and duration of the period of suspension or
expulsion; and (ii) with the exception of transfers into the Department of
Juvenile Justice school district, the student shall not be permitted to attend
class in the
public school into which he or she is transferring until the student has served
the entire period of the suspension or expulsion imposed by the school from
which the student is transferring, provided that the school board may approve
the placement of the student in an alternative school program established under
Article 13A of this Code.
A school district may adopt a policy providing that if a student is
suspended or expelled for any reason from any public or private school in
this or any other state, the student must complete the entire term of the
suspension or expulsion before being admitted into the school district.
This policy may allow placement of the student in an alternative school
program established under Article 13A of this Code, if available, for the
remainder of
the suspension or expulsion.
Each public school
and each private or nonpublic elementary or secondary school in this State
shall within 10 days after the student has paid all of his or her
outstanding fines and fees and at its own expense forward an official
transcript of the scholastic records of each student transferring from that
school in strict accordance with the provisions of this Section and the rules
established by the State Board of Education as herein provided. (b) The State Board of Education shall develop a one-page standard form that
Illinois school districts are required to provide to any student who is
moving out of
the school district and that
contains the information about whether or not the
student is "in good standing" and whether or not his or her medical records are
up-to-date and complete. As used in this Section, "in good standing" means
that the student is not being disciplined by a suspension or expulsion, but is
entitled to attend classes. No school district is required to admit a new
student who is transferring from another Illinois school district unless he
or she can produce the standard form from the student's
previous school district enrollment.
No school district is required to admit a new student who is transferring
from an out-of-state public school unless the parent or guardian of the
student certifies in writing that the student is not currently serving a
suspension or expulsion imposed by the school from which the student is
transferring. (c) The State Board of Education shall, by rule, establish a system to provide for the accurate tracking of transfer students. This system shall, at a minimum, require that a student be counted as a dropout in the calculation of a school's or school district's annual student dropout rate unless the school or school district to which the student transferred (known hereafter in this subsection (c) as the transferee school or school district) sends notification to the school or school district from which the student transferred (known hereafter in this subsection (c) as the transferor school or school district) documenting that the student has enrolled in the transferee school or school district. This notification must occur on or before July 31 following the school year during which the student withdraws from the transferor school or school district or the student shall be counted in the calculation of the transferor school's or school district's annual student dropout rate. A request by the transferee school or school district to the transferor school or school district seeking the student's academic transcripts or medical records shall be considered without limitation adequate documentation of enrollment. Each transferor school or school district shall keep documentation of such transfer students for the minimum period provided in the Illinois School Student Records Act. All records indicating the school or school district to which a student transferred are subject to the Illinois School Student Records Act.
(Source: P.A. 96-1423, eff. 8-3-10.) |
(105 ILCS 5/2-3.14) (from Ch. 122, par. 2-3.14)
Sec. 2-3.14.
Representative government.
To put into effect the provisions of Sections 27-3 and 27-4 relative to
representative government.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/2-3.15) (from Ch. 122, par. 2-3.15)
Sec. 2-3.15.
Designation of statistics.
To designate the reports relating to public schools which school
officers are required to submit to the county superintendent of schools. In
Class I county school units, and in each school district which forms a
part of a Class II county school unit but which is not subject to the
jurisdiction of the trustees of schools of any township in
which such school district is located, all financial reports shall be
signed by the teacher, principal or superintendent of schools.
Any person who makes a false affidavit or knowingly swears or affirms
falsely to any matter or thing required by the terms of this Act to be
sworn or affirmed is guilty of perjury.
(Source: P.A. 86-1441; 87-473.)
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(105 ILCS 5/2-3.16)
Sec. 2-3.16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.17) (from Ch. 122, par. 2-3.17)
Sec. 2-3.17.
Information furnished by regional superintendents.
To require the regional superintendent of schools to furnish
the State Board with
such information as it may desire to include in its report to the
General Assembly.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.17a) (from Ch. 122, par. 2-3.17a)
Sec. 2-3.17a. Financial audits by Auditor General. The Auditor
General shall
annually cause an audit to be made, as of June 30th
of each year, of the financial statements of all accounts,
funds and other moneys in the care, custody or control of the regional
superintendent of schools of each educational service region in the State and
of each educational service center established under Section 2-3.62 of this
Code
other than an educational service center serving a school district in a city
having a population exceeding 500,000.
The audit shall be conducted in accordance with Generally Accepted Governmental
Auditing Standards and shall include an examination of supporting books and
records and a representative sample of vouchers for distributions and
expenditures. A regional office of education or educational service center may utilize a cash basis, modified cash basis, or generally accepted accounting principles (GAAP) basis of accounting to prepare the financial statements for the audit. On February 15 of each year, the Auditor General shall
notify the Legislative Audit
Commission in writing of the completion or of the reasons for the
noncompletion of each audit required by this Section to be made as of the
preceding June 30. An audit report shall be prepared for each audit made
pursuant to this Section, and all such audit reports shall be kept on file
in the office of the Auditor General, published on the Auditor General's website, and distributed in accordance with Section 3-14 of the Illinois State Auditing Act. Each audit shall be made in
such manner as to determine, and each audit report shall be prepared in
such manner as to state:
(1) The balances on hand of all accounts, funds and | ||
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(2) the amount of funds received during the fiscal | ||
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(3) the amount of funds distributed or otherwise paid | ||
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(4) the amounts paid or otherwise disbursed by the | ||
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(5) the balances on hand of all accounts, funds and | ||
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The Auditor General shall adopt rules and
regulations relative
to the time and manner by which the regional superintendent of schools or
educational service center
shall present for inspection or make available to the Auditor General, or to the agents designated by the Auditor General to make an audit and
prepare an audit report pursuant to this Section, all financial statements,
books, records, vouchers for distributions and expenditures, and records of
accounts, funds and other moneys in the care, custody or control of the
regional superintendent of schools or educational service center and
required for purposes of making such
audit and preparing an audit and preparing an audit report.
All rules and regulations adopted by the State Board of Education under
this Section before the effective date of this amendatory Act of the 92nd
General Assembly shall continue in effect as the rules and regulations of the
Auditor General, until they are modified or abolished by the Auditor
General.
The Auditor General shall require
the regional
superintendent of schools of each educational service region or administrator
of each educational service center to promptly
implement all recommendations based on audit findings resulting from a
violation of law made in audits prepared pursuant to this Section, unless
the Auditor General, upon review, determines,
with regard to any
such finding, that implementation of the recommendation is not appropriate.
(Source: P.A. 102-25, eff. 6-25-21.)
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(105 ILCS 5/2-3.17b)
Sec. 2-3.17b.
School Funds; payment to school districts, other education
agencies, and providers. To prepare and send vouchers to the State Comptroller
for the payment of funds due school districts, other education agencies, and
providers of services for programs administered by the State Board of Education
from the State school funds.
(Source: P.A. 88-641, eff. 9-9-94.)
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(105 ILCS 5/2-3.19) (from Ch. 122, par. 2-3.19)
Sec. 2-3.19.
Reports by trustees.
To require the trustees of schools of each township to make, at any
time, a report similar to that required of trustees of schools on or before
July 15 next preceding each regular session of the General Assembly.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/2-3.20) (from Ch. 122, par. 2-3.20)
Sec. 2-3.20.
Reports-Special charter districts.
To require annual reports from the authorities maintaining schools by
authority of special charters.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/2-3.21)
Sec. 2-3.21. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.22) (from Ch. 122, par. 2-3.22)
Sec. 2-3.22.
Withholding school funds or compensation of regional
superintendent of schools. To require the State Comptroller to withhold
from the regional superintendent of schools the amount due the regional
superintendent of
schools for his compensation, until the reports, statements,
books, vouchers and other records provided for in Sections 2-3.17, 2-3.17a
and 3-15.8 have been furnished.
(Source: P.A. 88-641, eff. 9-9-94.)
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(105 ILCS 5/2-3.23) (from Ch. 122, par. 2-3.23)
Sec. 2-3.23.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(105 ILCS 5/2-3.24) (from Ch. 122, par. 2-3.24)
Sec. 2-3.24.
Withholding funds from school officer or teacher.
To require the Comptroller, regional superintendent of
schools, trustees, township
treasurer, directors or other school officer to withhold from any township,
district, officer or teacher any part of the common school, township or
other school fund until such treasurer, officer or teacher has made all
schedules, reports and returns required of him by this Act and until such
officer has executed and filed all official bonds and accounted for all
common school, township or other school funds which have come into his
hands.
(Source: P.A. 88-641, eff. 9-9-94.)
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(105 ILCS 5/2-3.25) (from Ch. 122, par. 2-3.25)
Sec. 2-3.25. Standards for schools.
(a) To determine for all types of
schools conducted under this Act efficient and adequate standards for the
physical plant, heating, lighting, ventilation, sanitation, safety,
equipment and supplies, instruction and teaching, curriculum, library,
operation, maintenance, administration and supervision, and to issue,
refuse to issue or revoke certificates of recognition for schools or school
districts pursuant to standards established hereunder; to determine and
establish efficient and adequate standards for approval of credit for
courses given and conducted by schools outside of the regular school term.
(a-5) On or before July 1, 2021, the State Board of Education must adopt revised social science learning standards that are inclusive and reflective of all individuals in this country. (b) Whenever it appears that a secondary or unit school district may
be unable to offer courses enabling students in grades 9 through 12 to meet
the minimum preparation and admission requirements for public colleges and
universities adopted by the Board of Higher Education, the State Board of
Education shall assist the district in reviewing and analyzing its existing
curriculum with particular reference to the educational needs of all pupils
of the district and the sufficiency of existing and future revenues and
payments available to the district for development of a curriculum which
will provide maximum educational opportunity to pupils of the district.
The review and analysis may consider achievement of this goal not only
through implementation of traditional classroom methods but also through
development of and participation in joint educational programs with other
school districts or institutions of higher education, or alternative
programs employing modern technological methods including but not limited
to the use of television, telephones, computers, radio and other electronic
devices.
(Source: P.A. 101-654, eff. 3-8-21.)
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(105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
Sec. 2-3.25a. "School district" defined; additional standards.
(a) For the purposes of State accountability in this Section and Sections 3.25b, 3.25c,
3.25e, and 3.25f of this Code, "school district" includes other
public entities responsible for administering public schools, such as
cooperatives, joint agreements, charter schools, special charter districts,
regional offices of
education, local agencies, and the Department of Human Services.
(b) In addition to the standards
established pursuant to Section 2-3.25, the State Board of Education shall
develop standards for student performance, such as proficiency levels on State assessments, and school
improvement, such as annual summative designations, for all
school districts and their individual schools. The State Board of Education is prohibited from having separate performance standards for students based on race or ethnicity.
The accountability system that produces the school improvement designations shall be outlined in the State Plan that the State Board of Education submits to the federal Department of Education pursuant to the federal Every Student Succeeds Act. If the federal Every Student Succeeds Act ceases to require a State Plan, the State Board of Education shall develop a written plan in consultation with the Balanced Accountability Committee created under subsection (b-5) of this Section. (b-5) The Balanced Accountability Measure Committee is created and shall consist of the following individuals: a representative of a statewide association representing regional superintendents of schools, a representative of a statewide association representing principals, a representative of an association representing principals in a city having a population exceeding 500,000, a representative of a statewide association representing school administrators, a representative of a statewide professional teachers' organization, a representative of a different statewide professional teachers' organization, an additional representative from either statewide professional teachers' organization, a representative of a professional teachers' organization in a city having a population exceeding 500,000, a representative of a statewide association representing school boards, and a representative of a school district organized under Article 34 of this Code. The head of each association or entity listed in this paragraph shall appoint its respective representative. The State Superintendent of Education, in consultation with the Committee, may appoint no more than 2 additional individuals to the Committee, which individuals shall serve in an advisory role and must not have voting or other decision-making rights. The Balanced Accountability Measure Committee shall meet no less than 4 times per year to discuss the accountability system set forth in the State Plan pursuant to the federal Every Student Succeeds Act and to provide stakeholder feedback and recommendations to the State Board of Education with regard to the State Plan, which the State Board shall take into consideration. On or before completion of the 2019-2020 school year and no less than once every 3 years thereafter, the Balanced Accountability Measure Committee shall assess the implementation of the State Plan and, if necessary, make recommendations to the State Board for any changes. The Committee shall consider accountability recommendations made by the Illinois P-20 Council established under Section 22-45 of this Code, the Illinois Early Learning Council created under the Illinois Early Learning Council Act, and any other stakeholder group established by the State Board in relation to the federal Every Student Succeeds Act. The State Board shall provide to the Committee an annual report with data and other information collected from entities identified by the State Board as learning partners, including, but not limited to, data and information on the learning partners' effectiveness, geographic distribution, and cost to serve as part of a comprehensive statewide system of support. The State Board of Education, in collaboration with the Balanced Accountability Measure Committee set forth in this subsection (b-5), shall adopt rules that further implementation in accordance with the requirements of this Section. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.25b) (from Ch. 122, par. 2-3.25b)
Sec. 2-3.25b. Recognition levels and annual summative designations. The State Board of Education shall,
consistent with adopted recognition standards, provide for levels of
recognition or nonrecognition. The State Board of Education shall
promulgate rules governing the procedures whereby school districts may
appeal a recognition level.
The State Board of
Education shall have the authority to collect from
schools and school districts the information, data, test results, student
performance
and school improvement indicators as may be necessary to implement and
carry out the purposes of this Act and to implement and carry out the issuance of school improvement designations via the accountability system identified in Section 2-3.25a of this Code. Schools and school districts that fail to submit accurate data within the State Board of Education's timeframes may have federal funds withheld.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.25c) (from Ch. 122, par. 2-3.25c)
Sec. 2-3.25c. Rewards. The State Board of
Education shall implement a
system of rewards for
school
districts, and the schools themselves, through a process that recognizes schools in improvement status that are (i) high-poverty, high-performing schools that are closing achievement gaps or are excelling in academic achievement; (ii) schools that have sustained high performance serving identified student groups; (iii) schools that have substantial growth over the 3 years immediately preceding the year in which recognition is awarded; and (iv) schools that have demonstrated the most progress in improving student outcomes of student groups identified for Targeted, Comprehensive, or Intensive School Improvement.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.25d)
Sec. 2-3.25d. (Repealed).
(Source: P.A. 99-193, eff. 7-30-15. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/2-3.25d-5) Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive schools. (a) Beginning in 2018, a school designated as "Comprehensive" shall be defined as: (1) a school that is among the lowest performing 5% | ||
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(2) any high school with a graduation rate of less | ||
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(2.5) any school that has completed a full 4-year | ||
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(3) (blank). The State Board of Education shall work with districts with one or more schools in Comprehensive School Improvement Status to perform a needs assessment to determine the district's core functions that are areas of strength and weakness. The results from the needs assessment shall be used by the district and school to identify goals and objectives for improvement. The needs assessment shall include at a minimum, a review of the following areas: student performance on State assessments; student performance on local assessments; finances, including resource allocation reviews; governance, including effectiveness of school leadership; student engagement opportunities and access to those opportunities; instructional practices; standards-aligned curriculum; school climate and culture survey results; family and community engagement; reflective stakeholder engagement; continuous school improvement practices; educator and employee quality, including staff continuity and turnover rates; and alignment of professional development to continuous improvement efforts. (b) Beginning in 2018, a school designated as "Targeted" shall be defined as a school in which one or more student groups is performing at or below the level of the "all students" group of schools designated Comprehensive, as defined in paragraph (1) of subsection (a) of this Section.
(c) Beginning in 2023, a school designated as "Intensive" shall be defined as a school that has completed a full 4-year cycle of Comprehensive School Improvement but does not meet the criteria to exit that status, as defined in the State Plan referenced in subsection (b) of Section 2-3.25a of this Code, at the end of the cycle. (d) All schools in school improvement status, including Comprehensive, Targeted, and Intensive schools, must complete a school-level needs assessment and develop and implement a continuous improvement plan. (Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/2-3.25e)
Sec. 2-3.25e. (Repealed).
(Source: P.A. 93-470, eff. 8-8-03. Repealed by P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/2-3.25e-5)
Sec. 2-3.25e-5. (Repealed).
(Source: P.A. 99-193, eff. 7-30-15. Repealed by P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
Sec. 2-3.25f. State interventions.
(a) The State Board of Education shall provide technical
assistance to schools in school improvement status to assist with the development and implementation of Improvement Plans.
Schools or school districts that fail to make reasonable efforts to
implement an
approved Improvement Plan may suffer loss of State funds by school
district, attendance center, or program as the State Board of Education
deems appropriate.
(a-5) (Blank). (b) Schools that receive Targeted Support or Comprehensive Support designations shall enter a 4-year cycle of school improvement status. If, at the end of the 4-year cycle, the school fails to meet the exit criteria specified in the State Plan referenced in subsection (b) of Section 2-3.25a of this Code, the school shall escalate to a more intensive intervention. Targeted Support schools that remain Targeted for one or more of the same student groups as in the initial identification after completion of a 4-year cycle of Targeted School Improvement shall be redesignated as Comprehensive Support schools, as provided in paragraph (2.5) of subsection (a) of Section 2-3.25d-5 of this Code. Comprehensive Support schools that remain in the lowest-performing 5% after completion of a 4-year cycle of Comprehensive School Improvement shall be redesignated as Intensive Support schools and shall escalate through more rigorous, tiered support, developed in consultation with the Balanced Accountability Measure Committee and other relevant stakeholder groups, which may ultimately result in the (i)
change of recognition status of the school district or school to
nonrecognized or (ii) authorization for the State Superintendent
of Education to direct the reassignment of pupils
or direct the reassignment or replacement of school or school district personnel. If
a school district is nonrecognized in its entirety, for any reason, including those not related to performance in the accountability system, it shall automatically
be dissolved on July 1 following that nonrecognition and its territory
realigned with another school district or districts by the regional board
of school trustees in accordance with the procedures set forth in Section
7-11 of the School Code. The effective date of the nonrecognition of a school
shall be July 1 following the nonrecognition.
(b-5) The State Board of Education shall also develop a system to provide assistance and resources to lower performing school districts. At a minimum, the State Board shall identify school districts to receive Intensive, Comprehensive, and Targeted Support. The school district shall provide the exclusive bargaining representative with a 5-day notice that the district has had one or more schools within the district identified as being in Comprehensive or Intensive School Improvement Status. In addition, the State Board may, by rule, develop other categories of low-performing schools and school districts to receive services. The State Board of Education shall work with districts with one or more schools in Comprehensive or Intensive School Improvement Status, through technical assistance and professional development, based on the results of the needs assessment under Section 2-3.25d-5 of this Code, to develop and implement a continuous improvement plan that would increase outcomes for students. The plan for continuous improvement shall be based on the results of the needs assessment and shall be used to determine the types of services that are to be provided to each Comprehensive and Intensive School. Potential services may include, but are not limited to, monitoring adult and student practices, reviewing and reallocating district resources, developing a district and school leadership team, providing access to curricular content area specialists, and providing online resources and professional development. The State Board of Education may require districts with one or more Comprehensive or Intensive Schools identified as having deficiencies in one or more core functions of the needs assessment to undergo an accreditation process. (c) All federal requirements apply to schools and school districts
utilizing
federal funds under Title I, Part A of the federal Elementary and Secondary
Education Act of 1965.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.25f-5) Sec. 2-3.25f-5. Independent Authority. (a) The General Assembly finds all of the following: (1) A fundamental goal of the people of this State, | ||
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(2) Sound school board governance, academic | ||
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(3) To promote the sound operation of districts, as | ||
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(4) It is the purpose of this Section to provide for | ||
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(b) As used in this Section: "Board" means a school board of a district. "Chairperson" means the Chairperson of the Independent Authority. "District" means any school district having a population of not more than 500,000. "State Board" means the State Board of Education. "State Superintendent" means the State Superintendent of Education. (c) The State Board has the power to direct the State Superintendent to remove a board. Boards may be removed when the criteria provided for in subsection (d) of this Section are met. At no one time may the State Board remove more than 4 school boards and establish Independent Authorities pursuant to subsection (e) of this Section. If the State Board proposes to direct the State Superintendent to remove a board from a district, board members shall receive individual written notice of the intended removal. Written notice must be provided at least 30 calendar days before a hearing is held by the State Board. This notice shall identify the basis for proposed removal. Board members are entitled to a hearing, during which time each board member shall have the opportunity to respond individually, both orally and through written comments, to the basis laid out in the notice. Written comments must be submitted to the State Board on or before the hearing. Board members are entitled to be represented by counsel at the hearing, but counsel must not be paid with district funds, unless the State Board decides that the board will not be removed and then the board members may be reimbursed for all reasonable attorney's fees by the district. The State Board shall make a final decision on removal immediately following the hearing or at its next regularly scheduled or special meeting. In no event may the decision be made later than the next regularly scheduled meeting. The State Board shall issue a final written decision. If the State Board directs the State Superintendent to remove the board, the State Superintendent shall do so within 30 days after the written decision. Following the removal of the board, the State Superintendent shall establish an Independent Authority pursuant to subsection (e) of this Section. If there is a financial oversight panel operating in the district pursuant to Article 1B or 1H of this Code, the State Board may, at its discretion, abolish the panel. (d) The State Board may require districts with one or more schools in Intensive Support status that have been identified as having deficiencies in one or more core functions of the needs assessment, as described in subsection (b-5) of Section 2-3.25f of this Code, to seek accreditation through an independent accreditation organization chosen by the State Board and paid for by the State. The State Board may direct the State Superintendent to remove board members pursuant to subsection (c) of this Section in any district in which the district is unable to obtain accreditation in whole or in part due to reasons specifically related to school board governance. When determining if a district has failed to meet the standards for accreditation specifically related to school board governance, the accreditation entity shall take into account the overall academic, fiscal, and operational condition of the district and consider whether the board has failed to protect district assets, to direct sound administrative and academic policy, to abide by basic governance principles, including those set forth in district policies, and to conduct itself with professionalism and care and in a legally, ethically, and financially responsible manner. When considering if a board has failed in these areas, the accreditation entity shall consider some or all of the following factors: (1) Failure to protect district assets by, without | ||
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(2) Failure to direct sound administrative and | ||
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(3) Failure to abide by basic governance principles | ||
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(4) Failure to conduct itself in a legally, | ||
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(e) Upon removal of the board, the State Superintendent shall establish an Independent Authority. Upon establishment of an Independent Authority, there is established a body both corporate and politic to be known as the "(Name of the School District) Independent Authority", which in this name shall exercise all of the authority vested in an Independent Authority by this Section and by the name may sue and be sued in all courts and places where judicial proceedings are had. (f) Upon establishment of an Independent Authority under subsection (e) of this Section, the State Superintendent shall, within 30 working days thereafter and in consultation with State and locally elected officials, appoint 5 or 7 members to serve on an Independent Authority for the district. Members appointed to the Independent Authority shall serve at the pleasure of the State Superintendent. The State Superintendent shall designate one of the members of the Independent Authority to serve as its chairperson. In the event of vacancy or resignation, the State Superintendent shall, within 15 working days after receiving notice, appoint a successor to serve out that member's term. If the State Board has abolished a financial oversight panel pursuant to subsection (c) of this Section, the State Superintendent may appoint former members of the panel to the Independent Authority. These members may serve as part of the 5 or 7 members or may be appointed in addition to the 5 or 7 members, with the Independent Authority not to exceed 9 members in total. Members of the Independent Authority must be selected primarily on the basis of their experience and knowledge in education policy and governance, with consideration given to persons knowledgeable in the operation of a school district. A member of the Independent Authority must be a registered voter as provided in the general election law, must not be a school trustee, and must not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. A majority of the members of the Independent Authority must be residents of the district that the Independent Authority serves. A member of the Independent Authority may not be an employee of the district, nor may a member have a direct financial interest in the district. Independent Authority members may be reimbursed by the district for travel if they live more than 25 miles away from the district's headquarters and other necessary expenses incurred in the performance of their official duties. The amount reimbursed members for their expenses must be charged to the school district. With the exception of the Chairperson, the Independent Authority may elect such officers as it deems appropriate. The first meeting of the Independent Authority must be held at the call of the Chairperson. The Independent Authority shall prescribe the times and places for its meetings and the manner in which regular and special meetings may be called and shall comply with the Open Meetings Act. All Independent Authority members must complete the training required of school board members under Section 10-16a of this Code. (g) The purpose of the Independent Authority is to operate the district. The Independent Authority shall have all of the powers and duties of a board and all other powers necessary to meet its responsibilities and to carry out its purpose and the purposes of this Section and that may be requisite or proper for the maintenance, operation, and development of any school or schools under the jurisdiction of the Independent Authority. This grant of powers does not release an Independent Authority from any duty imposed upon it by this Code or any other law. The Independent Authority shall have no power to unilaterally cancel or modify any collective bargaining agreement in force upon the date of creation of the Independent Authority. (h) The Independent Authority may prepare and file with the State Superintendent a proposal for emergency financial assistance for the school district and for the operations budget of the Independent Authority, in accordance with Section 1B-8 of this Code. A district may receive both a loan and a grant. (i) An election for board members must not be held in a district upon the establishment of an Independent Authority and is suspended until the next regularly scheduled school board election that takes place no less than 2 years following the establishment of the Independent Authority. For this first election, 3 school board members must be elected to serve out terms of 4 years and until successors are elected and have qualified. Members of the Independent Authority are eligible to run for election in the district, provided that they meet all other eligibility requirements of Section 10-10 of this Code. Following this election, the school board shall consist of the newly elected members and any remaining members of the Independent Authority. The majority of this board must be residents of the district. The State Superintendent must appoint new members who are residents to the Independent Authority if necessary to maintain this majority. At the next school board election, 4 school board members must be elected to serve out terms of 4 years and until successors are elected and have qualified. For purposes of these first 2 elections, the school board members must be elected at-large. In districts where board members were previously elected using an alternative format pursuant to Article 9 of this Code, following these first 2 elections, the voting shall automatically revert back to the original form. Following the election, any remaining Independent Authority members shall serve in the district as an oversight panel until such time as the district meets the governance standards necessary to achieve accreditation. If some or all of the Independent Authority members have been elected to the board, the State Superintendent may, in his or her discretion, appoint new members to the Independent Authority pursuant to subsection (f) of this Section. The school board shall get approval of all actions by the Independent Authority during the time the Independent Authority serves as an oversight panel. Board members who were removed pursuant to subsection (c) of this Section are ineligible to run for school board in the district for 10 years following the abolition of the Independent Authority pursuant to subsection (l) of this Section. However, board members who were removed pursuant to subsection (c) of this Section and were appointed to the Independent Authority by the State Superintendent are eligible to run for school board in the district. (j) The Independent Authority, upon its members taking office and annually thereafter and upon request, shall prepare and submit to the State Superintendent a report on the state of the district, including without limitation the academic improvement and financial situation of the district. This report must be submitted annually on or before March 1 of each year. The State Superintendent shall provide copies of any and all reports to the regional office of education for the district and to the State Senator and Representative representing the area where the district is located. (k) The district shall render such services to and permit the use of its facilities and resources by the Independent Authority at no charge as may be requested by the Independent Authority. Any State agency, unit of local government, or school district may, within its lawful powers and duties, render such services to the Independent Authority as may be requested by the Independent Authority. (l) An Independent Authority must be abolished when the district, following the election of the full board, meets the governance standards necessary to achieve accreditation status by an independent accreditation agency chosen by the State Board. The abolition of the Independent Authority shall be done by the State Board and take place within 30 days after the determination of the accreditation agency. Upon abolition of the Independent Authority, all powers and duties allowed by this Code to be exercised by a school board shall be transferred to the elected school board. (m) The Independent Authority must be indemnified through insurance purchased by the district. The district shall purchase insurance through which the Independent Authority is to be indemnified. The district retains the duty to represent and to indemnify Independent Authority members following the abolition of the Independent Authority for any cause of action or remedy available against the Independent Authority, its members, its employees, or its agents for any right or claim existing or any liability incurred prior to the abolition. The insurance shall indemnify and protect districts, Independent Authority members, employees, volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code, mentors of certified or licensed staff as authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of this Code, and student teachers against civil rights damage claims and suits, constitutional rights damage claims and suits, and death and bodily injury and property damage claims and suits, including defense thereof, when damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment, under the direction of the Independent Authority, or related to any mentoring services provided to certified or licensed staff of the district. Such indemnification and protection shall extend to persons who were members of an Independent Authority, employees of an Independent Authority, authorized volunteer personnel, mentors of certified or licensed staff, or student teachers at the time of the incident from which a claim arises. No agent may be afforded indemnification or protection unless he or she was a member of an Independent Authority, an employee of an Independent Authority, an authorized volunteer, a mentor of certified or licensed staff, or a student teacher at the time of the incident from which the claim arises. (n) The State Board may adopt rules as may be necessary for the administration of this Section.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) Sec. 2-3.25g. Waiver or modification of mandates within the School
Code and administrative rules and regulations. (a) In this Section: "Board" means a school board or the governing board | ||
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"Eligible applicant" means a school district, joint | ||
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"Implementation date" has the meaning set forth in | ||
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"State Board" means the State Board of Education.
(b) Notwithstanding any other
provisions of this School Code or any other law of this State to the
contrary, eligible applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or of the
administrative rules and regulations promulgated by the State Board of
Education. Waivers or modifications of administrative rules and regulations
and modifications of mandates of this School Code may be requested when an eligible applicant demonstrates that it can address the intent of the rule or
mandate in a more effective, efficient, or economical manner or when necessary
to stimulate innovation or improve student performance. Waivers of
mandates of
the School Code may be requested when the waivers are necessary to stimulate
innovation or improve student performance or when the applicant demonstrates that it can address the intent of the mandate of the School Code in a more effective, efficient, or economical manner. Waivers may not be requested
from laws, rules, and regulations pertaining to special education, teacher educator licensure, teacher tenure and seniority, or Section 5-2.1 of this Code or from compliance with the Every Student Succeeds Act (Public Law 114-95). Eligible applicants may not seek a waiver or seek a modification of a mandate regarding the requirements for (i) student performance data to be a significant factor in teacher or principal evaluations or (ii) teachers and principals to be rated using the 4 categories of "excellent", "proficient", "needs improvement", or "unsatisfactory". On September 1, 2014, any previously authorized waiver or modification from such requirements shall terminate. (c) Eligible applicants, as a matter of inherent managerial policy, and any
Independent Authority established under Section 2-3.25f-5 of this Code may submit an
application for a waiver or modification authorized under this Section. Each
application must include a written request by the eligible applicant or
Independent Authority and must demonstrate that the intent of the mandate can
be addressed in a more effective, efficient, or economical manner
or be based
upon a specific plan for improved student performance and school improvement.
Any eligible applicant requesting a waiver or modification for the reason that intent
of the mandate can be addressed in a more economical manner shall include in
the application a fiscal analysis showing current expenditures on the mandate
and projected savings resulting from the waiver
or modification. Applications
and plans developed by eligible applicants must be approved by the board or regional superintendent of schools applying on behalf of schools or programs operated by the regional office of education following a public hearing on the application and plan and the
opportunity for the board or regional superintendent to hear testimony from staff
directly involved in
its implementation, parents, and students. The time period for such testimony shall be separate from the time period established by the eligible applicant for public comment on other matters. (c-5) If the applicant is a school district, then the district shall post information that sets forth the time, date, place, and general subject matter of the public hearing on its Internet website at least 14 days prior to the hearing. If the district is requesting to increase the fee charged for driver education authorized pursuant to Section 27-24.2 of this Code, the website information shall include the proposed amount of the fee the district will request. All school districts must publish a notice of the public hearing at least 7 days prior to the hearing in a newspaper of general circulation within the school district that sets forth the time, date, place, and general subject matter of the hearing. Districts requesting to increase the fee charged for driver education shall include in the published notice the proposed amount of the fee the district will request. If the applicant is a joint agreement or regional superintendent, then the joint agreement or regional superintendent shall post information that sets forth the time, date, place, and general subject matter of the public hearing on its Internet website at least 14 days prior to the hearing. If the joint agreement or regional superintendent is requesting to increase the fee charged for driver education authorized pursuant to Section 27-24.2 of this Code, the website information shall include the proposed amount of the fee the applicant will request. All joint agreements and regional superintendents must publish a notice of the public hearing at least 7 days prior to the hearing in a newspaper of general circulation in each school district that is a member of the joint agreement or that is served by the educational service region that sets forth the time, date, place, and general subject matter of the hearing, provided that a notice appearing in a newspaper generally circulated in more than one school district shall be deemed to fulfill this requirement with respect to all of the affected districts. Joint agreements or regional superintendents requesting to increase the fee charged for driver education shall include in the published notice the proposed amount of the fee the applicant will request. The
eligible applicant must notify either electronically or in writing the affected exclusive collective
bargaining agent and those State legislators representing the eligible applicant's territory of
its
intent to seek approval of a
waiver or
modification and of the hearing to be held to take testimony from staff.
The affected exclusive collective bargaining agents shall be notified of such
public hearing at least 7 days prior to the date of the hearing and shall be
allowed to attend
such public hearing. The eligible applicant shall attest to compliance with all of
the notification and procedural requirements set forth in this Section. (d) A request for a waiver or modification of administrative rules and
regulations or for a modification of mandates contained in this School Code
shall be submitted to the State Board of Education within 15 days after
approval by the board or regional superintendent of schools. The application as submitted to the
State Board of Education shall include a description of the public hearing.
Following receipt of the waiver or modification request, the
State Board shall have 45 days to review the application and request. If the
State Board fails to disapprove the application within that 45-day period, the
waiver or modification shall be deemed granted. The State Board
may disapprove
any request if it is not based upon sound educational practices, endangers the
health or safety of students or staff, compromises equal opportunities for
learning, or fails to demonstrate that the intent of the rule or mandate can be
addressed in a more effective, efficient, or economical manner or have improved
student performance as a primary goal. Any request disapproved by the State
Board may be appealed to the General Assembly by the eligible applicant
as outlined in this Section. A request for a waiver from mandates contained in this School Code shall be
submitted to the State Board within 15 days after approval by the board or regional superintendent of schools.
The application as submitted to the State Board of Education
shall include a description of the public hearing. The description shall
include, but need not be limited to, the means of notice, the number of people
in attendance, the number of people who spoke as proponents or opponents of the
waiver, a brief description of their comments, and whether there were any
written statements submitted.
The State Board shall review the applications and requests for
completeness and shall compile the requests in reports to be filed with the
General Assembly. The State Board shall file
reports outlining the waivers
requested by eligible applicants
and appeals by eligible applicants of requests
disapproved by the State Board with the Senate and the House of
Representatives before each March 1 and
October
1. The report shall be reviewed by a panel of 4 members consisting of: (1) the Speaker of the House of Representatives; (2) the Minority Leader of the House of | ||
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(3) the President of the Senate; and (4) the Minority Leader of the Senate.The State Board of Education may provide the panel recommendations on waiver requests. The members of the panel shall review the report submitted by the State Board of Education and submit to the State Board of Education any notice of further consideration to any waiver request within 14 days after the member receives the report. If 3 or more of the panel members submit a notice of further consideration to any waiver request contained within the report, the State Board of Education shall submit the waiver request to the General Assembly for consideration. If less than 3 panel members submit a notice of further consideration to a waiver request, the waiver may be approved, denied, or modified by the State Board. If the State Board does not act on a waiver request within 10 days, then the waiver request is approved. If the waiver request is denied by the State Board, it shall submit the waiver request to the General Assembly for consideration. The General Assembly may disapprove any waiver request submitted to the General Assembly pursuant to this subsection (d) in whole
or in part within 60 calendar days after each house of the General Assembly
next
convenes after the waiver request is submitted by adoption of a resolution by a record vote
of the majority of members elected in each house. If the General Assembly
fails to disapprove any waiver request or appealed request within such 60-day period, the waiver or modification shall be deemed granted. Any resolution
adopted by the General Assembly disapproving a report of the State Board in
whole or in part shall be binding on the State Board. (e) An approved waiver or modification may remain in effect for a period not to
exceed 5 school years and may be renewed upon application by the
eligible applicant. However, such waiver or modification may be changed within that
5-year period by a board or regional superintendent of schools applying on behalf of schools or programs operated by the regional office of education following the procedure as set
forth in this Section for the initial waiver or modification request. If
neither the State Board of Education nor the General Assembly disapproves, the
change is deemed granted. (f) (Blank).(Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(105 ILCS 5/2-3.25h) (from Ch. 122, par. 2-3.25h)
Sec. 2-3.25h. Technical assistance; State support services. Schools, school districts, local
school councils, school improvement panels, and any Independent
Authority established under Section 2-3.25f-5 of this Code may receive technical
assistance that the State Board of Education shall make
available. Such technical
assistance shall include without limitation assistance
in the areas of curriculum evaluation, the instructional process,
student performance, school environment, staff effectiveness,
school and community relations, parental involvement, resource
management, leadership, data analysis processes and tools, school
improvement plan guidance and
feedback, information regarding scientifically based research-proven curriculum
and instruction, and professional development opportunities for teachers and
administrators.
(Source: P.A. 98-1155, eff. 1-9-15.)
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(105 ILCS 5/2-3.25i) (from Ch. 122, par. 2-3.25i)
Sec. 2-3.25i. Rules. The State Board of Education shall promulgate
rules and regulations necessary to implement the provisions of Public Act
87-559 and this
amendatory Act of the 93rd General Assembly. The State Board of
Education may waive any of its
rules or regulations which conflict with Public Act 87-559 or this
amendatory Act of the 93rd General Assembly except those
requirements for special education and teacher licensure.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/2-3.25j) (from Ch. 122, par. 2-3.25j)
Sec. 2-3.25j.
Implementation.
Commencing with the 1992-93 school year and
thereafter the provisions of this amendatory Act and any rules adopted
hereunder shall be implemented on a schedule identified by the State Board
of Education and incorporated as an integral part of the recognition
process of the State Board of Education.
(Source: P.A. 93-470, eff. 8-8-03.)
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(105 ILCS 5/2-3.25k)
Sec. 2-3.25k.
(Repealed).
(Source: P.A. 89-398, eff. 8-20-95. Repealed by P.A. 93-470, eff. 8-8-03.)
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(105 ILCS 5/2-3.25m)
Sec. 2-3.25m. (Repealed).
(Source: P.A. 93-470, eff. 8-8-03. Repealed by P.A. 99-193, eff. 7-30-15.)
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(105 ILCS 5/2-3.25n)
Sec. 2-3.25n. Every Student Succeeds Act; requirements and construction.
(a) The federal Every Student Succeeds Act
requires that each
state develop and implement a single, statewide accountability system
applicable
to all schools and school districts.
(b) As provided in the federal Every Student Succeeds Act, nothing in this amendatory Act of the 93rd General Assembly shall
be construed to alter or otherwise affect the rights, remedies, and procedures
afforded school district or school employees under federal, State, or local law
(including applicable rules, regulations, or court orders) or under the terms
of
collective bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers. (c) The State Board of Education may identify a school district as eligible for targeted and comprehensive services under the federal Every Student Succeeds Act.
(Source: P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/2-3.25o)
Sec. 2-3.25o. Registration and recognition of non-public elementary and
secondary schools.
(a) Findings. The General Assembly finds and declares (i) that the
Constitution
of the State of Illinois provides that a "fundamental goal of the People of the
State is the
educational development of all persons to the limits of their capacities" and
(ii) that the
educational development of every school student serves the public purposes of
the State.
In order to ensure that all Illinois students and teachers have the opportunity
to enroll and
work in State-approved educational institutions and programs, the State Board
of
Education shall provide for the voluntary registration and recognition of
non-public
elementary and secondary schools.
(b) Registration. All non-public elementary and secondary schools in the
State
of
Illinois may voluntarily register with the State Board of Education on an
annual basis. Registration shall
be completed
in conformance with procedures prescribed by the State Board of Education.
Information
required for registration shall include assurances of compliance (i) with
federal
and State
laws regarding health examination and immunization, attendance, length of term,
and
nondiscrimination, including assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists, and (ii) with applicable fire and health safety requirements.
(c) Recognition. All non-public elementary and secondary schools in the
State of
Illinois may voluntarily seek the status of "Non-public School Recognition"
from
the State
Board of Education. This status may be obtained by compliance with
administrative
guidelines and review procedures as prescribed by the State Board of Education.
The
guidelines and procedures must recognize that some of the aims and the
financial bases of
non-public schools are different from public schools and will not be identical
to those for
public schools, nor will they be more burdensome. The guidelines and procedures
must
also recognize the diversity of non-public schools and shall not impinge upon
the
noneducational relationships between those schools and their clientele.
(c-5) Prohibition against recognition. A non-public elementary or secondary school may not obtain "Non-public School Recognition" status unless the school requires all certified and non-certified applicants for employment with the school, after July 1, 2007, to authorize a fingerprint-based criminal history records check as a condition of employment to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses set forth in Section 21B-80 of this Code or have been convicted, within 7 years of the application for employment, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the check shall be furnished by the applicant to the school, except that if the applicant is a substitute teacher seeking employment in more than one non-public school, a teacher seeking concurrent part-time employment positions with more than one non-public school (as a reading specialist, special education teacher, or otherwise), or an educational support personnel employee seeking employment positions with more than one non-public school, then only one of the non-public schools employing the individual shall request the authorization. Upon receipt of this authorization, the non-public school shall submit the applicant's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereafter, until expunged, to the president or principal of the non-public school that requested the check. The Illinois State Police shall charge that school a fee for conducting such check, which fee must be deposited into the State Police Services Fund and must not exceed the cost of the inquiry. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse non-public schools for fees paid to obtain criminal history records checks under this Section. A non-public school may not obtain recognition status unless the school also performs a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each applicant for employment, after July 1, 2007, to determine whether the applicant has been adjudicated of a sex offense or of a murder or other violent crime against youth. The checks of the Statewide Sex Offender Database and the Stateside Murderer and Violent Offender Against Youth Database must be conducted by the non-public school once for every 5 years that an applicant remains employed by the non-public school.. Any information concerning the record of convictions obtained by a non-public school's president or principal under this Section is confidential and may be disseminated only to the governing body of the non-public school or any other person necessary to the decision of hiring the applicant for employment. A copy of the record of convictions obtained from the Illinois State Police shall be provided to the applicant for employment. Upon a check of the Statewide Sex Offender Database, the non-public school shall notify the applicant as to whether or not the applicant has been identified in the Sex Offender Database as a sex offender. Any information concerning the records of conviction obtained by the non-public school's president or principal under this Section for a substitute teacher seeking employment in more than one non-public school, a teacher seeking concurrent part-time employment positions with more than one non-public school (as a reading specialist, special education teacher, or otherwise), or an educational support personnel employee seeking employment positions with more than one non-public school may be shared with another non-public school's principal or president to which the applicant seeks employment. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. No non-public school may obtain recognition status that knowingly employs a person, hired after July 1, 2007, for whom an Illinois State Police and Federal Bureau of Investigation fingerprint-based criminal history records check and a Statewide Sex Offender Database check has not been initiated or who has been convicted of any offense enumerated in Section 21B-80 of this Code or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of those offenses. No non-public school may obtain recognition status under this Section that knowingly employs a person who has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. In order to obtain recognition status under this Section, a non-public school must require compliance with the provisions of this subsection (c-5) from all employees of persons or firms holding contracts with the school, including, but not limited to, food service workers, school bus drivers, and other transportation employees, who have direct, daily contact with pupils. Any information concerning the records of conviction or identification as a sex offender of any such employee obtained by the non-public school principal or president must be promptly reported to the school's governing body.
Prior to the commencement of any student teaching experience or required internship (which is referred to as student teaching in this Section) in any non-public elementary or secondary school that has obtained or seeks to obtain recognition status under this Section, a student teacher is required to authorize a fingerprint-based criminal history records check. Authorization for and payment of the costs of the check must be furnished by the student teacher to the chief administrative officer of the non-public school where the student teaching is to be completed. Upon receipt of this authorization and payment, the chief administrative officer of the non-public school shall submit the student teacher's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the chief administrative officer of the non-public school that requested the check. The Illinois State Police shall charge the school a fee for conducting the check, which fee must be passed on to the student teacher, must not exceed the cost of the inquiry, and must be deposited into the State Police Services Fund. The school shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each student teacher. No school that has obtained or seeks to obtain recognition status under this Section may knowingly allow a person to student teach for whom a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check have not been completed and reviewed by the chief administrative officer of the non-public school. A copy of the record of convictions obtained from the Illinois State Police must be provided to the student teacher. Any information concerning the record of convictions obtained by the chief administrative officer of the non-public school is confidential and may be transmitted only to the chief administrative officer of the non-public school or his or her designee, the State Superintendent of Education, the State Educator Preparation and Licensure Board, or, for clarification purposes, the Illinois State Police or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. No school that has obtained or seeks to obtain recognition status under this Section may knowingly allow a person to student teach who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B-80 of this Code or who has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. Any school that has obtained or seeks to obtain recognition status under this Section may not prohibit hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists. (d) Public purposes. The provisions of this Section are in the public
interest, for
the public benefit, and serve secular public purposes.
(e) Definition. For purposes of this Section, a non-public school means any
non-profit, non-home-based, and non-public elementary or secondary school that
is
in
compliance with Title VI of the Civil Rights Act of 1964 and attendance at
which
satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-111, eff. 6-29-23.) |
(105 ILCS 5/2-3.26) (from Ch. 122, par. 2-3.26)
Sec. 2-3.26.
Federal funds.
For the purpose of promoting and coordinating school programs for
which federal allotments are available, to cooperate with the United
States Department of Health, Education and Welfare in the establishment
of such standards as may be deemed necessary by the State Board of Education,
and to accept and expend federal funds made
available for such purpose.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.27) (from Ch. 122, par. 2-3.27)
Sec. 2-3.27.
Budgets and accounting practices-Forms and procedures.
To formulate and approve forms, procedure and regulations for school
district accounts and budgets required by this Act reflecting the gross
amount of income and expenses, receipts and disbursements and extending a
net surplus or deficit on operating items, to advise and assist the
officers of any district in respect to budgets and accounting practices and
in the formulation and use of such books, records and accounts or other
forms as may be required to comply with the provisions of this Act; to
publish and keep current pamphlets or manuals in looseleaf form relating to
budgetary and accounting procedure or similar topics; to make all rules and
regulations as may be necessary to carry into effect the provisions of this
Act relating to budgetary procedure and accounting, such rules and
regulations to include but not to be limited to the establishment of a
decimal classification of accounts; to confer with various district, county
and State officials or take such other action as may be reasonably required
to carry out the provisions of this Act relating to budgets and accounting.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/2-3.28) (from Ch. 122, par. 2-3.28)
Sec. 2-3.28.
Rules and regulations of budget and accounting systems.
To prescribe rules and regulations defining what shall constitute a
budget and accounting system required under this Act. The rules and
regulations shall prescribe the minimum extent of verification, the type
of audit, the extent of the audit report and shall require compliance
with statutory requirements and standards and such requirements as the
State Board of Education deems
necessary for an adequate
budget and accounting system.
(Source: P.A. 81-1508.)
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(105 ILCS 5/2-3.30) (from Ch. 122, par. 2-3.30)
Sec. 2-3.30. Census for special education. To require on or before
December 22 of each year reports as to the census of all children 3 years of age
through 21 years of
age inclusive of the types described in definitions under the rules authorized
in Section 14-1.02 who were receiving special education and related services on
December 1 of the current school year.
To require an annual report, on or before December 22 of each year, from
the Department of Corrections containing a census of all
children 3 years of age through 21 years of age inclusive of the types
described in Section 14-1.02 who were receiving special education services on
December 1 of the current school year within State facilities. Such report
shall be submitted pursuant to rules and regulations issued by the State Board
of Education.
(Source: P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.31) (from Ch. 122, par. 2-3.31)
Sec. 2-3.31. Data Division. To maintain a Data Division staffed with competent, full-time
persons whose duty it shall be to secure, compile, catalog, publish and
preserve information and data relative to the public school system of
Illinois, making such comparison as will assist the General Assembly in
determining the priorities of educational programs to be of value to the
public school system of Illinois and of other states.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/2-3.32) (from Ch. 122, par. 2-3.32)
Sec. 2-3.32. Auditing department. To maintain a division of audits whose duty it shall
be to establish a system to perform audits, on a sample basis, of claims for state moneys relative to the public school
system of Illinois.
(Source: P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
Sec. 2-3.33. Recomputation of claims. To recompute within 3 years from the
final date for filing of a claim any claim for general State aid reimbursement to any school
district and to recompute and adjust any such claims within 6 years
from the final date for filing when there has been an adverse court or
administrative agency decision on
the merits affecting the tax revenues of the school district. However, no such
adjustment shall be made regarding equalized assessed valuation unless the
district's equalized assessed valuation is changed by greater than $250,000 or
2%. Any adjustments for claims recomputed for the 2016-2017 school year and prior school years shall be applied to the apportionment of evidence-based funding in Section 18-8.15 of this Code beginning in the 2017-2018 school year and thereafter. However, the recomputation of a claim for evidence-based funding for a school district shall not require the recomputation of claims for all districts, and the State Board of Education shall only make recomputations of evidence-based funding for those districts where an adjustment is required.
The State Board is authorized to and shall apply corrections to data used in evidence-based funding calculations that may result in current year adjustments and shall recover funds previously scheduled to be distributed or previously distributed to an Organizational Unit or specially funded unit during a fiscal year in accordance with Section 18-8.15 of this Code.
Except in the case of an adverse court or administrative agency decision,
no recomputation of a
State aid claim shall be made pursuant to this Section as a result of a
reduction in the assessed valuation of a school district from the assessed
valuation of the district reported to the State Board of Education by the
Department of Revenue under Section 18-8.05 or 18-8.15 of this Code unless the
requirements of Section
16-15 of the Property Tax Code and Section 2-3.84 of this Code are
complied with in all respects.
This paragraph applies to all requests for recomputation of a general
State aid or evidence-based funding claim received after June 30, 2003. In recomputing a general
State aid or evidence-based funding claim that was originally calculated using an extension
limitation equalized assessed valuation under paragraph (3) of
subsection (G) of Section 18-8.05 of this Code or Section 18-8.15 of this Code, a qualifying reduction in
equalized assessed valuation shall be deducted from the extension
limitation equalized assessed valuation that was used in calculating the
original claim.
From the total amount of general State aid or evidence-based funding to be provided to
districts, adjustments as a result of recomputation under this Section
together with adjustments under Section 2-3.84 must not exceed $25
million, in the aggregate for all districts under both Sections combined,
of the general State aid or evidence-based funding appropriation in any fiscal year; if necessary,
amounts shall be prorated among districts. If it is necessary to prorate
claims under this paragraph, then that portion of each prorated claim that is
approved but not paid in the current fiscal year may be resubmitted as a
valid claim in the following fiscal year.
(Source: P.A. 102-699, eff. 4-19-22.)
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(105 ILCS 5/2-3.33a)
Sec. 2-3.33a. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/2-3.34)
Sec. 2-3.34. (Repealed).
(Source: Laws 1961, p. 1959. Repealed by P.A. 94-108, eff. 7-1-05.)
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(105 ILCS 5/2-3.35)
Sec. 2-3.35. (Repealed).
(Source: P.A. 92-651, eff. 7-11-02. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.36) (from Ch. 122, par. 2-3.36)
Sec. 2-3.36.
Gifts, grants, legacies.
To
accept and expend gifts, grants or legacies
from any source
when made for educational purposes if such purposes have been
authorized in advance by resolution of the General Assembly.
(Source: P.A. 83-388.)
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(105 ILCS 5/2-3.37)
Sec. 2-3.37. (Repealed).
(Source: P.A. 78-505. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.38)
Sec. 2-3.38. (Repealed).
(Source: P.A. 80-1403. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)
Sec. 2-3.39. Department of Transitional Bilingual Education. To establish a Department of Transitional Bilingual Education. In selecting
staff for the Department of Transitional
Bilingual Education the State Board of Education
shall give preference to persons
who are natives of foreign countries where languages to be used in
transitional bilingual education programs are the predominant languages.
The Department of Transitional Bilingual Education has the power and
duty to:
(1) Administer and enforce the provisions of Article | ||
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(2) Study, review, and evaluate all available | ||
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(3) Gather information about the theory and practice | ||
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(4) Provide for the maximum practical involvement of | ||
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(5) Consult with other public departments and | ||
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(6) Make recommendations in the areas of preservice | ||
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(7) Undertake any further activities which may assist | ||
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The requirement for reporting to the General Assembly | ||
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(Source: P.A. 99-30, eff. 7-10-15; 100-1148, eff. 12-10-18.)
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(105 ILCS 5/2-3.40)
Sec. 2-3.40. (Repealed).
(Source: P.A. 86-553. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.41) (from Ch. 122, par. 2-3.41)
Sec. 2-3.41.
Chronic truants and truancy prevention.
The State Board
of Education is empowered to enter into contracts with public or private
agencies for the provision of educational services to chronic truants and
for the prevention of truancy including training and developmental
assistance provided an appropriation is made specifically
for such purpose.
(Source: P.A. 84-1420.)
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(105 ILCS 5/2-3.42) (from Ch. 122, par. 2-3.42)
Sec. 2-3.42.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(105 ILCS 5/2-3.43)
Sec. 2-3.43. (Repealed).
(Source: P.A. 83-287. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.44.) (from Ch. 122, par. 2-3.44)
Sec. 2-3.44.
Ethnic school program standards.
To establish
minimum standards for foreign language instruction in ethnic schools. Such
standards shall seek to insure that the level of foreign language instruction
in the ethnic school is at least as high as the level of foreign language
instruction in public high schools. An ethnic school is a part time private
school which teaches the foreign language of a particular ethnic group as well
as the culture, geography, history and other aspects of a particular ethnic
group.
(Source: P.A. 83-1362.)
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(105 ILCS 5/2-3.45) (from Ch. 122, par. 2-3.45)
Sec. 2-3.45.
Approval of ethnic schools instruction.
To
approve ethnic schools programs for the purpose of teaching a foreign language
if such programs meet the minimum standards established for such programs
by the State Board of Education. The Board shall consider for approval
only those ethnic schools which voluntarily apply to the Board for approval.
(Source: P.A. 83-1362.)
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(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
Sec. 2-3.47. The State Board of Education shall annually submit a budget recommendation to the Governor and General Assembly that contains recommendations for funding for pre-school through grade 12.
(Source: P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/2-3.47a) Sec. 2-3.47a. Strategic plan. (a) The State Board of Education shall develop and maintain a continuing comprehensive strategic plan for elementary and secondary education. The strategic plan shall address how the State Board of Education will focus its efforts to increase equity in all Illinois schools and shall include, without limitation, all of the following topic areas: (1) Service and support to school districts to | ||
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(2) Programs to improve equitable and strategic | ||
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(3) Efforts to enhance the social-emotional | ||
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(4) (Blank). (5) (Blank). (6) (Blank). (7) (Blank). (8) (Blank). (9) (Blank). (10) (Blank). (11) (Blank). (12) (Blank). (13) (Blank). (14) Attraction and retention of diverse and | ||
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(15) (Blank).
The State Board of Education shall consult with the educational community, hold public hearings, and receive input from all interested groups in drafting the strategic plan. (b) To meet the requirements of this Section, the State Board of Education shall issue to the Governor and General Assembly a preliminary report within 6 months after the effective date of this amendatory Act of the 93rd General Assembly and a final 5-year strategic plan within one year after the effective date of this amendatory Act of the 93rd General Assembly. Thereafter, the strategic plan shall be updated and issued to the Governor and General Assembly on or before July 1 of each year.
(Source: P.A. 102-539, eff. 8-20-21.) |
(105 ILCS 5/2-3.48) (from Ch. 122, par. 2-3.48)
Sec. 2-3.48.
Evaluation institutes.
To conduct such
inservice institutes on evaluation of certified personnel as are necessary
to make such training available to all public school district
administrators who evaluate other certified personnel. To report to the
employing school board the absence of any administrator registered for such
training but not in attendance.
(Source: P.A. 84-972.)
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(105 ILCS 5/2-3.49) (from Ch. 122, par. 2-3.49)
Sec. 2-3.49.
Review of evaluation plans.
To review evaluation plans
submitted by school districts and make public its comments thereon. To
reject as unacceptable any plan in which evaluation is to be conducted by
administrators who lack the training described in Section 24A-3.
(Source: P.A. 84-972.)
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(105 ILCS 5/2-3.50) (from Ch. 122, par. 2-3.50)
Sec. 2-3.50.
Conduct of evaluations.
To supply a consulting teacher, as
defined in subsection (g) of Section 24A-5, to a district requiring one
under the mandates of that Section, and to conduct an evaluation of school
district personnel when so required by Section 24A-6.
(Source: P.A. 84-972.)
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(105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
Sec. 2-3.51. Reading Improvement Block Grant Program. To improve the
reading
and study skills of children from kindergarten through sixth grade in
school districts. The State Board of Education is authorized to administer a
Reading Improvement
Block Grant Program. As used in this Section:
"School district" includes those
schools designated as "laboratory schools".
"Scientifically based reading research"
means the
application of rigorous, systematic, and objective procedures to obtain valid
knowledge relevant to reading development, reading instruction, and reading
difficulties. The term includes research that employs systematic, empirical
methods that draw on observation or experiment, involves rigorous data
analysis that is adequate to test the stated hypotheses and to justify the
general conclusions drawn, relies on measurements or observational methods that
provide valid data across evaluators and observers and across multiple
measurements and observations, and has been accepted by peer-reviewed
journal or approved by a panel of independent experts through a comparably
rigorous, objective and scientific review.
(a) Funds for the Reading Improvement Block Grant
Program shall
be distributed to school districts on the following basis: 70% of
monies shall be awarded on the prior year's best 3 months average daily
attendance and 30% shall be distributed on the number of
economically disadvantaged (E.C.I.A. Chapter I) pupils in the district,
provided that the State Board may distribute an amount not to exceed 2% of
the monies appropriated for the Reading Improvement Block Grant Program for the
purpose of
providing teacher training and re-training in the teaching of reading.
Program funds shall be distributed to school districts
in 2
semi-annual installments, one payment on or before October 30, and one payment
prior to April 30, of each year.
The State Board shall promulgate rules and regulations necessary for the
implementation of this program.
Programs provided with grant funds shall not replace quality
classroom
reading instruction, but shall instead supplement such instruction.
(a-5) Reading Improvement Block Grant Program funds shall be used by
school districts
in
the following manner:
(1) to hire reading specialists, reading teachers, | ||
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(2) in kindergarten through grade 2, to establish | ||
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(3) to continue direct reading instruction for grades | ||
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(4) in grades 3 through 6, to establish programs of | ||
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(5) in grades K through 6, to provide classroom | ||
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(6) to provide a long-term professional development | ||
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(a-10) Reading Improvement Block Grant Program funds shall be made
available to each eligible school district submitting an approved application
developed by the State Board beginning with the 1998-99 school year.
Applications shall include a proposed assessment method or methods for
measuring
the reading growth of
students
who receive direct instruction as a result of the funding and the impact of
staff development activities on student growth in reading. Such methods may include the reading portion
of the assessments required under Section 2-3.64a-5 of this Code. At the end of each school year
the district shall report performance of progress results to
the State Board. Districts not
demonstrating performance progress using an approved assessment method shall
not
be eligible for funding in the third or subsequent years until such
progress is established.
(a-15) The State Superintendent of Education, in cooperation with the
school districts participating in the program, shall annually report to the
leadership of the General Assembly on the results of the Reading Improvement
Block Grant Program and the progress being made on improving the reading skills
of students in kindergarten through the sixth grade.
(b) (Blank).
(c) (Blank).
(d) Grants under the Reading Improvement Program shall be awarded
provided there is an appropriation for the program, and funding levels for
each district shall be prorated according to the amount of the appropriation.
(e) (Blank).
(f) (Blank).
(Source: P.A. 98-972, eff. 8-15-14.)
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(105 ILCS 5/2-3.51a)
Sec. 2-3.51a.
Continued Reading Improvement Block Grant
Program. To improve the reading and study skills of children from seventh
through twelfth grade in school districts. The State Board of Education
is authorized to administer a Continued Reading Improvement Block
Grant Program. As used in this Section, "school district" includes
those schools designated as laboratory schools.
(a) Funds for the Continued Reading Improvement Block Grant
Program shall be distributed to school districts on the following basis:
70% of moneys shall be awarded on the prior year's best 3 months
average daily attendance and 30% shall be distributed on the number of
economically disadvantaged (E.C.I.A. Chapter I) pupils in the district,
provided that the State Board may distribute an amount not to exceed
2% of the moneys appropriated for the Continued Reading Improvement
Block Grant Program for the purpose of providing teacher training and
re-training in the teaching of reading. Program funds shall be
distributed to school districts in 2 semi-annual installments, one
payment on or before October 30 and one payment prior to April 30 of
each year. The State Board shall adopt any rules necessary for the
implementation of this program.
(b) Continued Reading Improvement Block Grant Program funds
shall be used by school districts in the following manner to support students
in grades 7 through 12
who are reading significantly below grade level:
(1) to continue direct reading instruction for grades | ||
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(2) to focus on and to commit time and resources to | ||
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(3) to conduct intense vocabulary, spelling, and | ||
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(4) to provide professional development based on | ||
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(5) to increase the availability of reading | ||
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(c) Continued Reading Improvement Block Grant Program funds
shall be made available to each eligible school district submitting an
approved application developed by the State Board, beginning with the
2003-2004 school year. Applications shall include a proposed
assessment method or methods for measuring student reading skills.
Such methods may include the reading portion of State tests. At the end
of each school year the district shall report assessment results to the
State Board. Districts not demonstrating performance progress using an
approved assessment method shall not be eligible for funding in the third
or subsequent years until such progress is established.
(d) The State Superintendent of Education, in cooperation with the
school districts participating in the program, shall annually report to the
leadership of the General Assembly on the results of the Continued
Reading Improvement Block Grant Program and the progress being made
on improving the reading skills of students in grades 7 through 12.
(e) Grants under the Continued Reading Improvement Block Grant
Program shall be awarded provided there is an appropriation for the
program, and funding levels for each district shall be prorated according
to the amount of the appropriation. Funding for the program established
under Section 2-3.51 of this Code shall not be reduced in order to fund
the Continued Reading Improvement Block Grant Program.
(Source: P.A. 93-53, eff. 7-1-03.)
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(105 ILCS 5/2-3.51.5) Sec. 2-3.51.5. School Safety and Educational Improvement Block Grant
Program. To improve the level of education and safety of students from
kindergarten through grade 12 in school districts and State-recognized, non-public schools. The State Board of
Education is authorized to fund a School Safety and Educational Improvement
Block Grant Program. (1) For school districts, the program shall provide funding for school safety, textbooks and
software, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, teacher training and curriculum development, school improvements, school
report cards under Section 10-17a, and criminal history records checks
under Sections 10-21.9 and 34-18.5. For State-recognized, non-public schools, the program shall provide funding for secular textbooks and software, criminal history records checks, and health and safety mandates to the extent that the funds are expended for purely secular purposes. A school district
or laboratory school as defined in Section 18-8, 18-8.05, or 18-8.15 is not required
to file an application in order to receive the categorical funding to which it
is entitled under this Section. Funds for the School Safety and Educational
Improvement Block Grant Program shall be distributed to school districts and
laboratory schools based on the prior year's best 3 months average daily
attendance. Funds for the School Safety and Educational Improvement Block Grant Program shall be distributed to State-recognized, non-public schools based on the average daily attendance figure for the previous school year provided to the State Board of Education. The State Board of Education shall develop an application that requires State-recognized, non-public schools to submit average daily attendance figures. A State-recognized, non-public school must submit the application and average daily attendance figure prior to receiving funds under this Section. The State Board of Education shall promulgate rules and
regulations necessary for the implementation of this program. (2) Distribution of moneys to school districts and State-recognized, non-public schools shall be made in 2
semi-annual installments, one payment on or before October 30, and one
payment prior to April 30, of each fiscal year. (3) Grants under the School Safety and Educational Improvement Block Grant
Program shall be awarded provided there is an appropriation for the program,
and funding levels for each district shall be prorated according to the amount
of the appropriation. (4) The provisions of this Section are in the public interest, are for the public benefit, and serve secular public purposes. (Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/2-3.52)
Sec. 2-3.52. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.52A) (from Ch. 122, par. 2-3.52A)
Sec. 2-3.52A. Pilot programs. The State Board of Education may,
pursuant to the federal Every Student Succeeds Act and appropriations for such purposes, establish educator preparation pilot
programs. Such programs shall be conducted in accordance
with rules adopted by the State Board of Education. Such rules shall
provide for, but not be limited to, advisory councils and annual
reports on the progress of the pilot programs.
(Source: P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/2-3.53) (from Ch. 122, par. 2-3.53)
Sec. 2-3.53.
Administrators' Academy.
The State Board of Education
shall cause to be established an Illinois Administrators' Academy. This
Academy shall develop programs which provide for development of skills in
the areas of instructional staff development, school improvement, school
accountability, effective communication skills,
public school relations, evaluation of personnel, including documentation
of employee performance and remediation of unsatisfactory employee performance.
By January 1, 1986, the State Board of Education shall establish a schedule
by which administrators throughout Illinois must receive training through the
Academy.
(Source: P.A. 87-1076.)
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(105 ILCS 5/2-3.53a)
Sec. 2-3.53a. New principal mentoring program. (a) Beginning on July 1, 2007, and subject to an annual appropriation by the General Assembly, to establish a new principal mentoring program for new principals. Any individual who is first hired as a principal on or after July 1, 2007 shall participate in a new principal mentoring program for the duration of his or her first year as a principal and must complete the program in accordance with the requirements established under this Section and by the State Board of Education by rule or, for a school district created by Article 34 of this Code, in accordance with the provisions of Section 34-18.33 of this Code. School districts created by Article 34 are not subject to the requirements of subsection (b), (c), (d), (e), (f), (g), (i), (j), (k), (l), or (m) of this Section. Any individual who is first hired as a principal on or after July 1, 2008 may participate in a second year of mentoring if it is determined by the State Superintendent of Education that sufficient funding exists for such participation. The new principal mentoring program shall match an experienced principal who meets the requirements of subsection (b) of this Section with each new principal in order to assist the new principal in the development of his or her professional growth and to provide guidance. (b) Any individual who has been a principal in Illinois for 3 or more years and who has demonstrated success as an instructional leader, as determined by the State Board by rule, is eligible to apply to be a mentor under a new principal mentoring program. Eligible mentors shall be selected by approved entities and shall complete mentoring training provided by an approved entity set forth by the State Board by rule. (c) Subject to annual appropriation by the General Assembly, the State Board shall establish a competitive grant program to support the new principal mentoring program and shall approve one or more eligible entities to provide services to new principals under the program. Approval of eligible entities shall be valid for 3 years. Eligible entities are defined as regional offices of education, intermediate service centers, Illinois higher education institutions, statewide organizations representing principals, and school districts. Approved entities shall be responsible for mentor training, pairing mentors and new principals, and all other administrative aspects of providing mentoring services as provided by the State Board by rule. (d) A mentor shall be assigned to a new principal based on (i) similarity of grade level or type of school, (ii) learning needs of the new principal, and (iii) accessibility of the mentor to the new principal. The principal, in collaboration with the mentor, shall identify areas for improvement of the new principal's professional growth, including, but not limited to, professional growth in the areas addressed in the Illinois Performance Standards for School Leaders.The mentor shall not provide input into a new principal's evaluation that is completed in accordance with Article 24A of this Code. (e) On or before July 1, 2008 and on or after July 1 of each year thereafter, the State Board shall evaluate the new principal mentoring training program in collaboration with the approved entities. Each new principal and his or her mentor must complete a verification form developed by the State Board in order to certify their completion of a new principal mentoring program. (f) The requirements of this Section do not apply to any individual who has previously served as an assistant principal in Illinois acting under an administrative endorsement for 5 or more years and who is hired as a principal by the school district in which the individual last served as an assistant principal, although such an individual may choose to participate in this program or may be required to participate in the program by the individual's employing school district. (g) The State Board may adopt any rules necessary for the implementation of this Section. (h) On an annual basis, the State Superintendent of Education shall determine whether appropriations are likely to be sufficient to require operation of the new principal mentoring program for the coming year.
(i) If the State Superintendent of Education determines that appropriations are not likely sufficient to serve all anticipated first year principals in any given year, then the new principal mentoring program shall be voluntary and priority access to mentoring services shall be given to first year principals in the highest need schools, as determined by the State Superintendent of Education. The new principal mentoring program shall only be available to second year principals if the State Superintendent of Education first determines that appropriations are likely sufficient to serve all anticipated first year principals. If mentoring services are extended to second year principals and if appropriations are not sufficient to serve all second year principals who wish to participate in the new principal mentoring program, priority access to mentoring services shall be given to second year principals who are in the highest need schools, as determined by the State Superintendent of Education. (j) The State Superintendent of Education may determine on a yearly basis the number of mentoring hours required for first year principals and the number of mentoring hours required for second year principals. (k) The State Superintendent of Education may determine on a yearly basis the amount of compensation to be provided to first year principal mentors, second year principal mentors, and approved entities. (l) Contact hours for mentors and principals may be in person, by telephone, online, or by any other mechanism that allows for synchronous communication between the mentor and new principal. The State Board may, by rule, require a minimum number of in-person contact hours. (m) Using funds from the new principal mentoring program, the State Board may contract with an independent party to conduct a comprehensive evaluation of the program. (Source: P.A. 102-521, eff. 8-20-21.) |
(105 ILCS 5/2-3.53b) Sec. 2-3.53b. New superintendent mentoring program. (a) Beginning on July 1, 2009 and subject to an annual appropriation by the General Assembly, to establish a new superintendent mentoring program for new superintendents. Any individual who begins serving as a superintendent in this State on or after July 1, 2009 and has not previously served as a school district superintendent in this State shall participate in the new superintendent mentoring program for the duration of his or her first 2 school years as a superintendent and must complete the program in accordance with the requirements established by the State Board of Education by rule. The new superintendent mentoring program shall match an experienced superintendent who meets the requirements of subsection (b) of this Section with each new superintendent in his or her first 2 school years in that position in order to assist the new superintendent in the development of his or her professional growth and to provide guidance during the new superintendent's first 2 school years of service. (b) Any individual who has actively served as a school district superintendent in this State for 3 or more years and who has demonstrated success as an instructional leader, as determined by the State Board of Education by rule, is eligible to apply to be a mentor under the new superintendent mentoring program. Mentors shall complete mentoring training through a provider selected by the State Board of Education and shall meet any other requirements set forth by the State Board and by the school district employing the mentor. (c) Under the new superintendent mentoring program, a provider selected by the State Board of Education shall assign a mentor to a new superintendent based on (i) similarity of grade level or type of school district, (ii) learning needs of the new superintendent, and (iii) geographical proximity of the mentor to the new superintendent. The new superintendent, in collaboration with the mentor, shall identify areas for improvement of the new superintendent's professional growth, including, but not limited to, each of the following: (1) Analyzing data and applying it to practice. (2) Aligning professional development and | ||
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(3) Building a professional learning community. (4) Effective school board relations. (5) Facilitating effective meetings. (6) Developing distributive leadership practices. (7) Facilitating organizational change. The mentor must not be required to provide an evaluation of the new superintendent on the basis of the mentoring relationship. (d) From January 1, 2010 until May 15, 2010 and from January 1 until May 15 each year thereafter, each mentor and each new superintendent shall complete a survey of progress of the new superintendent on a form developed by the school district. On or before September 1, 2010 and on or before September 1 of each year thereafter, the provider selected by the State Board of Education shall submit a detailed annual report to the State Board of how the appropriation for the new superintendent mentoring program was spent, details on each mentor-mentee relationship, and a qualitative evaluation of the outcomes. The provider shall develop a verification form that each new superintendent and his or her mentor must complete and submit to the provider to certify completion of each year of the new superintendent mentoring program by July 15 immediately following the school year just completed. (e) The requirements of this Section do not apply to any individual who has previously served as an assistant superintendent in a school district in this State acting under an administrative certificate for 5 or more years and who, on or after July 1, 2009, begins serving as a superintendent in the school district where he or she had served as an assistant superintendent immediately prior to being named superintendent, although such an individual may choose to participate in the new superintendent mentoring program or may be required to participate by the school district. The requirements of this Section do not apply to any superintendent or chief executive officer of a school district organized under Article 34 of this Code. (f) The State Board may adopt any rules that are necessary for the implementation of this Section.
(Source: P.A. 96-62, eff. 7-23-09.) |
(105 ILCS 5/2-3.54)
Sec. 2-3.54. (Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.55)
Sec. 2-3.55. (Repealed).
(Source: P.A. 85-1046. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.55A)
Sec. 2-3.55A. (Repealed).
(Source: P.A. 85-322. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.56) (from Ch. 122, par. 2-3.56)
Sec. 2-3.56.
Evaluation institutes.
To conduct as a part of the
Administrators' Academy such inservice institutes
on evaluation of certified personnel as are necessary to make such training
available to all public school district administrators who evaluate other
certified personnel. To report to the employing school board the absence
of any administrator registered for such training but not in attendance.
(Source: P.A. 84-126.)
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(105 ILCS 5/2-3.57) (from Ch. 122, par. 2-3.57)
Sec. 2-3.57.
Review of evaluation plans.
To review evaluation plans
submitted by school districts and make public its comments thereon. To
reject as unacceptable any plan in which evaluation is to be conducted by
administrators who lack the training described in Section 24A-3.
(Source: P.A. 84-126.)
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(105 ILCS 5/2-3.58) (from Ch. 122, par. 2-3.58)
Sec. 2-3.58.
Conduct of evaluations.
To supply a consulting teacher, as
defined in subsection (g) of Section 24A-5,
to a district requiring one under the mandates of
that Section, and to conduct an evaluation of school district personnel
when so required by Section 24A-6.
(Source: P.A. 84-126.)
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(105 ILCS 5/2-3.59) (from Ch. 122, par. 2-3.59)
Sec. 2-3.59. Staff development programs. School districts, cooperatives
or joint agreements with a governing board or board of control, administrative
agents for educational service centers, and regional superintendents acting
on behalf of such entities shall conduct
staff development programs and may contract with not-for-profit
organizations to conduct summer staff development program institutes
which specify outcome goals, including the
improvement of specific instructional competencies, and which conform to
locally developed plans.
(Source: P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/2-3.60)
Sec. 2-3.60. (Repealed).
(Source: P.A. 84-1283. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/2-3.61)
Sec. 2-3.61. (Repealed).
(Source: P.A. 93-21, eff. 7-1-03. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.61a)
Sec. 2-3.61a. 21st Century Community Learning Center Grant Program.
(a) The State Board of Education shall be the designated agency responsible
for the
administration of programs under Part I of Subchapter X of Chapter 70 of the
federal Elementary
and Secondary Education Act of 1965.
(b) The State Board of Education shall establish and implement a 21st
Century
Community Learning Center Grant Program, in accordance with federal guidelines,
to provide
grants to support whole child-focused after-school programs that are aligned with the regular academic programs of a school and the academic needs of students. These grants shall be used to help those students who attend high-poverty, low-performing schools meet State and local performance standards in core academic subjects and, if applicable, increase school day attendance and improve social-emotional skills and to offer opportunities for families of participating students to have meaningful engagement in their children's education that are linked to learning and healthy development outcomes. If appropriate, external stakeholder feedback shall be gathered and used to inform the grant application.
The State Board of Education shall award grants to eligible applicants
that are of sufficient size and scope to implement effective
after-school programs, to ensure reasonable success of achieving the goals
identified in the grant
application, and to offer those activities that are necessary to achieve these
goals and performance indicators and measures with a direct link to student achievement.
(c) Using State funds, subject to appropriation, and any federal funds
received for
this purpose,
the State Board of Education may establish any other grant programs that are
necessary to
establish high-quality, academically based, after-school programs that include
family-centered
education activities.
(d) The State Board of Education may adopt any rules necessary to implement
this
Section.
(Source: P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
Sec. 2-3.62. Educational service centers.
(a) A regional network of educational service centers shall be established
by the State Board of Education to coordinate and combine existing services in
a manner which is practical and efficient and to provide new services to
schools as provided in this Section. Services to be made available by such
centers shall include the planning, implementation and evaluation of:
(1) (blank);
(2) computer technology education;
(3) mathematics, science and reading resources for | ||
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The centers may provide training, technical assistance, coordination and
planning in other program areas such as school improvement, school
accountability, financial planning, consultation, and services, career guidance, early childhood education, alcohol/drug
education and prevention, comprehensive personal health and safety education and comprehensive sexual health education, electronic transmission
of data from school districts to the State, alternative education and regional
special education, and telecommunications systems that provide distance
learning. Such telecommunications systems may be obtained through the
Department of Central Management Services pursuant to Section 405-270 of the
Department of Central Management Services Law (20 ILCS 405/405-270). The programs and services of educational
service centers may be offered to private school teachers and private school
students within each service center area provided public schools have already
been afforded adequate access to such programs and services.
Upon the abolition of the office, removal from office, disqualification for office, resignation from office, or expiration of the current term of office of the regional superintendent of schools, whichever is earlier, the chief administrative officer of the centers serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants shall have and exercise, in and with respect to each educational service region having a population of 2,000,000 or more inhabitants and in and with respect to each school district located in any such educational service region, all of the rights, powers, duties, and responsibilities theretofore vested by law in and exercised and performed by the regional superintendent of schools for that area under the provisions of this Code or any other laws of this State. The State Board of Education shall promulgate rules and regulations necessary
to implement this Section. The rules shall include detailed standards which
delineate the scope and specific content of programs to be provided by each
Educational Service Center, as well as the specific planning, implementation
and evaluation services to be provided by each Center relative to its programs.
The Board shall also provide the standards by which it will evaluate the
programs provided by each Center.
(b) Centers serving Class 1 county school units shall be governed by an
11-member board, 3 members of which shall be public school teachers
nominated by the local bargaining representatives to the appropriate regional
superintendent for appointment and no more than 3 members of which shall be
from each of the following categories, including but not limited to
superintendents, regional superintendents, school board members
and a representative of an institution of higher education. The members of
the board shall be appointed by the regional superintendents whose school
districts are served by the educational service center.
The composition of the board will reflect the revisions of this
amendatory Act of 1989 as the terms of office of current members expire.
(c) The centers shall be of sufficient size and number to assure delivery
of services to all local school districts in the State.
(d) From monies appropriated for this program the State Board of
Education shall provide grants paid from the Personal Property Tax Replacement Fund to qualifying Educational Service Centers
applying for such grants in accordance with rules and regulations
promulgated by the State Board of Education to implement this Section.
(e) The governing authority of each of the 18 regional educational service
centers shall appoint a comprehensive personal health and safety education and comprehensive sexual health education advisory board
consisting of 2 parents, 2 teachers, 2 school administrators, 2 school
board members, 2 health care professionals, one library system
representative, and the director of the regional educational service center
who shall serve as chairperson of the advisory board so appointed. Members
of the comprehensive personal health and safety education and comprehensive sexual health education advisory boards shall serve without
compensation. Each of the advisory boards appointed pursuant to this
subsection shall develop a plan for regional teacher-parent comprehensive personal health and safety education and comprehensive sexual health
education training sessions and shall file a written report of such plan
with the governing board of their regional educational service center. The
directors of each of the regional educational service
centers shall thereupon meet, review each of the reports submitted by the
advisory boards and combine those reports into a single written report which
they shall file with the Citizens Council on School Problems prior to the
end of the regular school term of the 1987-1988 school year.
(f) The 14 educational service centers serving Class I county school units
shall be disbanded on the first Monday of August, 1995, and their statutory
responsibilities and programs shall be assumed by the regional offices of
education, subject to rules and regulations developed by
the
State Board of Education. The regional superintendents of schools elected by
the voters residing in all Class I counties shall serve as the chief
administrators for these programs and services.
(Source: P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/2-3.62a)
Sec. 2-3.62a. Regional services. The State Board of Education is granted the power to provide the following regional services, either through a regional administrative technology center or otherwise: (1) Coordinate the delivery of educational resources | ||
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(2) Issue annual report cards, in conjunction with | ||
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(A) The efficiency and effectiveness of school | ||
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(B) The regional delivery of quality services. (C) School district satisfaction. (D) Delivery of support services that enhance | ||
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(3) Direct services provided to assist schools | ||
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(4) Support programs and services to close the | ||
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(5) Assist school districts in pooling | ||
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(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/2-3.63) (from Ch. 122, par. 2-3.63)
Sec. 2-3.63. Local learning objectives and assessment. Each school district may set student learning objectives
which meet or exceed goals established by the State and to also establish local
goals for excellence in education. If established, such objectives and goals shall be
disseminated to the public along with information on the degree to which they
are being achieved, and if not, what appropriate actions are being taken. As
part of its local assessment system each district shall identify the grade
levels used to document progress to parents, the community, and the State in
all the fundamental learning areas described in Section 27-1.
(Source: P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/2-3.64)
Sec. 2-3.64. (Repealed).
(Source: P.A. 97-86, eff. 1-1-12. Repealed by P.A. 98-972, eff. 8-15-14.)
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(105 ILCS 5/2-3.64a)
Sec. 2-3.64a. (Repealed).
(Source: P.A. 90-789, eff. 8-14-98. Repealed by P.A. 98-972, eff. 8-15-14.)
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(105 ILCS 5/2-3.64a-5) Sec. 2-3.64a-5. State goals and assessment. (a) For the assessment and accountability purposes of this Section, "students" includes those students enrolled in a public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, a charter school operating in compliance with the Charter Schools Law, a school operated by a regional office of education under Section 13A-3 of this Code, or a public school administered by a local public agency or the Department of Human Services. (b) The State Board of Education shall establish the academic standards that are to be applicable to students who are subject to State assessments under this Section. The State Board of Education shall not establish any such standards in final form without first providing opportunities for public participation and local input in the development of the final academic standards. Those opportunities shall include a well-publicized period of public comment and opportunities to file written comments. (c) Beginning no later than the 2014-2015 school year, the State Board of Education shall annually assess all students enrolled in grades 3 through 8 in English language arts and mathematics. Beginning no later than the 2017-2018 school year, the State Board of Education shall annually assess all students in science at one grade in grades 3 through 5, at one grade in grades 6 through 8, and at one grade in grades 9 through 12. The State Board of Education shall annually assess schools that operate a secondary education program, as defined in Section 22-22 of this Code, in English language arts and mathematics. The State Board of Education shall administer no more than 3 assessments, per student, of English language arts and mathematics for students in a secondary education program. One of these assessments shall be recognized by this State's public institutions of higher education, as defined in the Board of Higher Education Act, for the purpose of student application or admissions consideration. The assessment administered by the State Board of Education for the purpose of student application to or admissions consideration by institutions of higher education must be administered on a school day during regular student attendance hours, and student profile information collected by the assessment shall be made available to the State's public institutions of higher education in a timely manner. Students who do not take the State's final accountability assessment or its approved alternate assessment may not receive a regular high school diploma unless the student is exempted from taking the State assessments under subsection (d) of this Section because the student is enrolled in a program of adult and continuing education, as defined in the Adult Education Act, or the student is identified by the State Board of Education, through rules, as being exempt from the assessment. The State Board of Education shall not assess students under this Section in subjects not required by this Section. Districts shall inform their students of the timelines and procedures applicable to their participation in every yearly administration of the State assessments.
The State Board of Education shall establish periods of time in each school year during which State assessments shall occur to meet the objectives of this Section. The requirements of this subsection do not apply if the State Board of Education has received a waiver from the administration of assessments from the U.S. Department of Education. (d) Every individualized educational program as described in Article 14 shall identify if the State assessment or components thereof require accommodation for the student. The State Board of Education shall develop rules governing the administration of an alternate assessment that may be available to students for whom participation in this State's regular assessments is not appropriate, even with accommodations as allowed under this Section. Students receiving special education services whose individualized educational programs identify them as eligible for the alternative State assessments nevertheless shall have the option of also taking this State's regular final accountability assessment, which shall be administered in accordance with the eligible accommodations appropriate for meeting these students' respective needs. All students determined to be English learners shall participate in the State assessments. The scores of those students who have been enrolled in schools in the United States for less than 12 months may not be used for the purposes of accountability. Any student determined to be an English learner shall receive appropriate assessment accommodations, including language supports, which shall be established by rule. Approved assessment accommodations must be provided until the student's English language skills develop to the extent that the student is no longer considered to be an English learner, as demonstrated through a State-identified English language proficiency assessment. (e) The results or scores of each assessment taken under this Section shall be made available to the parents of each student. In each school year, the scores attained by a student on the final accountability assessment must be placed in the student's permanent record pursuant to rules that the State Board of Education shall adopt for that purpose in accordance with Section 3 of the Illinois School Student Records Act. In each school year, the scores attained by a student on the State assessments administered in grades 3 through 8 must be placed in the student's temporary record. (f) All schools shall administer the State's academic assessment of English language proficiency to all children determined to be English learners. (g) All schools in this State that are part of the sample drawn by the National Center for Education Statistics, in collaboration with their school districts and the State Board of Education, shall administer the academic assessments under the National Assessment of Educational Progress carried out under Section 411(b)(2) of the federal National Education Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary of Education pays the costs of administering the assessments. (h) (Blank). (i) For the purposes of this subsection (i), "academically based assessments" means assessments consisting of questions and answers that are measurable and quantifiable to measure the knowledge, skills, and ability of students in the subject matters covered by the assessments. All assessments administered pursuant to this Section must be academically based assessments. The scoring of academically based assessments shall be reliable, valid, and fair and shall meet the guidelines for assessment development and use prescribed by the American Psychological Association, the National Council on Measurement in Education, and the American Educational Research Association. The State Board of Education shall review the use of all assessment item types in order to ensure that they are valid and reliable indicators of student performance aligned to the learning standards being assessed and that the development, administration, and scoring of these item types are justifiable in terms of cost. (j) The State Superintendent of Education shall appoint a committee of no more than 21 members, consisting of parents, teachers, school administrators, school board members, assessment experts, regional superintendents of schools, and citizens, to review the State assessments administered by the State Board of Education. The Committee shall select one of its members as its chairperson. The Committee shall meet on an ongoing basis to review the content and design of the assessments (including whether the requirements of subsection (i) of this Section have been met), the time and money expended at the local and State levels to prepare for and administer the assessments, the collective results of the assessments as measured against the stated purpose of assessing student performance, and other issues involving the assessments identified by the Committee. The Committee shall make periodic recommendations to the State Superintendent of Education and the General Assembly concerning the assessments. (k) The State Board of Education may adopt rules to implement this Section.
(Source: P.A. 103-204, eff. 1-1-24.) |
(105 ILCS 5/2-3.64a-10) Sec. 2-3.64a-10. Kindergarten assessment. (a) For the purposes of this Section, "kindergarten" includes both full-day and
half-day kindergarten programs. (b) Beginning no later than the 2021-2022 school year, the State Board
of Education shall annually assess all public school students entering kindergarten using a common assessment tool, unless the State Board determines that a student is otherwise exempt. The common assessment tool must assess multiple developmental domains, including literacy, language, mathematics, and social and emotional development. The assessment must be valid, reliable, and developmentally appropriate to formatively assess a child's development and readiness for kindergarten. (c) Results from the assessment may be used by the school to understand the child's development and readiness for kindergarten, to tailor instruction, and to measure the child's progress over time. Assessment results may also be used to identify a need for the professional development of teachers and early childhood educators and to inform State-level and district-level policies and resource allocation. The school shall make the assessment results available to the child's parent or guardian. The assessment results may not be used (i) to prevent a child from enrolling in kindergarten or (ii) as the sole measure used in determining the grade promotion or retention of a student. (d) On an annual basis, the State Board shall report publicly, at a minimum, data from the assessment for the State overall and for each school district. The State Board's report must disaggregate data by race and ethnicity, household income, students who are English learners, and students who have an individualized education program. (e) The State Superintendent of Education shall appoint a committee of no more than 21 members, including parents, teachers, school administrators, assessment experts, regional superintendents of schools, state policy advocates, early childhood administrators, and other stakeholders, to review, on an ongoing basis, the content and design of the assessment, the collective results of the assessment as measured against kindergarten-readiness standards, and other issues involving the assessment as identified by the committee. The committee shall make periodic recommendations to the State Superintendent of Education and the General Assembly concerning the assessments. (f) The State Board may adopt rules to implement and administer this Section.
(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21 (See Section 10 of P.A. 102-671 for effective date of P.A. 102-209).) |
(105 ILCS 5/2-3.64a-15) Sec. 2-3.64a-15. Restrictions on prekindergarten through grade 2 assessments. (a) In this Section: "Diagnostic and screening purposes" means for the purpose of determining if individual students need remedial instruction or to determine eligibility for special education, early intervention, bilingual education, dyslexia services, or other related educational services. Any assessment used to determine eligibility for special education or related services must be consistent with Section 614 of the federal Individuals with Disabilities Education Act. "Diagnostic and screening purposes" includes the identification and evaluation of students with disabilities. "Diagnostic and screening purposes" does not include any assessment in which student scores are used to rate or rank a classroom, program, teacher, school, school district, or jurisdiction. "Standardized assessment" means an assessment that requires all student test takers to answer the same questions, or a selection of questions from a common bank of questions, in the same manner or substantially the same questions in the same manner. "Standardized assessment" does not include an observational assessment tool used to satisfy the requirements of Section 2-3.64a-10. (b) The State Board of Education may not develop, purchase, or require a school district to administer, develop, or purchase a standardized assessment for students enrolled or preparing to enroll in prekindergarten through grade 2, other than for diagnostic and screening purposes. (c) The State Board of Education may not provide funding for any standardized assessment of students enrolled or preparing to enroll in prekindergarten through grade 2, other than for diagnostic and screening purposes. (d) Nothing in this Section shall be construed to limit the ability of a classroom teacher or school district to develop, purchase, administer, or score an assessment for an individual classroom, grade level, or group of grade levels in any subject area in prekindergarten through the grade 2. (e) Nothing in this Section limits procedures used by a school or school district for child find under 34 CFR 300.111(c) or evaluation under 34 CFR 300.304. (f) Nothing in this Section restricts the use of an annual assessment of English proficiency of all English learners to comply with Section 1111(b)(2)(G) of the federal Elementary and Secondary Education Act of 1965.
(Source: P.A. 102-875, eff. 5-13-22.) |
(105 ILCS 5/2-3.64b)
Sec. 2-3.64b. (Repealed).
(Source: P.A. 96-109, eff. 7-30-09. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/2-3.64c) Sec. 2-3.64c. (Repealed).
(Source: P.A. 98-1075, eff. 8-26-14. Repealed internally, eff. 6-1-15.) |
(105 ILCS 5/2-3.65)
Sec. 2-3.65. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.65a)
Sec. 2-3.65a. Arts and foreign language education grant program. There is created an arts and foreign language education grant program to fund arts education and foreign language education programs in the public schools, subject to appropriation to the State Board of Education. The grants shall be for the purpose of supporting arts and foreign language education in the schools, with an emphasis on ensuring that art and foreign language courses are available as part of a school's core curriculum. The State Board of Education shall enter into an agreement with the Illinois Arts Council to cooperate in administering and awarding grants under the program.
(Source: P.A. 94-835, eff. 6-6-06.) |
(105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
Sec. 2-3.66. Truants' alternative and optional education programs. To
establish projects to offer modified instructional programs or other
services designed to prevent students from dropping out of school,
including programs pursuant to Section 2-3.41, and to serve as a part time
or full time option in lieu of regular school attendance and to award
grants to local school districts, educational service regions or community
college districts from appropriated funds to assist districts in
establishing such projects. The education agency may operate its own
program or enter into a contract with another not-for-profit entity to
implement the program. The projects shall allow dropouts, up to and
including age 21, potential dropouts, including truants, uninvolved,
unmotivated and disaffected students, as defined by State Board of
Education rules and regulations, to enroll, as an alternative to regular
school attendance, in an optional education program which may be
established by school board policy and is in conformance with rules adopted
by the State Board of Education. Truants' Alternative and Optional
Education programs funded pursuant to this Section shall be
planned by a student, the student's parents or legal guardians, unless the
student is 18 years or older, and school officials and shall culminate in
an individualized optional education plan. Such plan shall focus
on academic or vocational skills, or both, and may include, but not be
limited to, evening school, summer school, community college courses, adult
education, preparation courses for high school equivalency testing, vocational training, work experience, programs to
enhance self concept and parenting courses. School districts which are
awarded grants pursuant to this Section shall be authorized to provide day
care services to children of students who are eligible and desire to enroll
in programs established and funded under this Section, but only if and to
the extent that such day care is necessary to enable those eligible
students to attend and participate in the programs and courses which are
conducted pursuant to this Section.
School districts and regional offices of education may claim general State
aid under Section 18-8.05 or evidence-based funding under Section 18-8.15 for students enrolled in truants' alternative and
optional education programs, provided that such students are receiving services
that are supplemental to a program leading to a high school diploma and are
otherwise eligible to be claimed for general State aid under Section 18-8.05 or evidence-based funding under Section 18-8.15, as applicable.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/2-3.66a) (from Ch. 122, par. 2-3.66a)
Sec. 2-3.66a.
WECE program.
The State Board of Education is
authorized to develop and establish a work experience and career
exploration program. Such program, if established as authorized by this
Section shall be designed to provide career related classroom instruction
and cooperative work experience for 14 and 15 year old potential dropouts
who are full time students in the regular school program. Participation in
any work experience and career exploration program established under this
Section shall provide school credit for successful completion of the class
and paid work experience. The purpose of the program shall be to help
academically disadvantaged students with the following special services:
(1) basic education development and enrichment leading to improved
self-image; (2) career education coupled with work training experiences,
not exceeding 23 hours per week, provided by the private sector; and (3)
motivation leading to continuation in school after age 16.
The State Board of Education is authorized to fund school district work
experience and career exploration programs, with priority being given to those
school districts which have annual dropout rate data and unemployment rates
greater than the Statewide average for the previous year.
Funds for a work experience and career exploration program established
under this Section shall be distributed to eligible school districts based
on relative ability to pay factors and upon the number of economically
disadvantaged students (E.C.I.A. Chapter I pupils) in the districts. The
State Board of Education shall promulgate rules and regulations necessary
for implementation and continuation of any work experience and career
exploration program established as authorized by this Section.
From funds distributed for purposes of this Section, the State Board of
Education is authorized to approve applications from qualifying school
districts to help meet each such district's costs of employing teacher
coordinators, teacher coordinators' travel expenses, student transportation
costs and added training costs to employers.
Each person employed as a teacher coordinator pursuant to this Section
shall possess one year (2,000 hours) of employment in an occupation or
occupations directly related to those career or employment areas with
respect to which classroom instruction or cooperative work experience is to
be provided under the program, and 6 semester hours of formal coursework in
the area of organization and administration of work experience and career
exploration education, including techniques of coordinating on-the-job
experiences and individualized instructional methodology.
Each work experience and career exploration program shall be limited to a minimum of
12 students and a maximum of 25 students per full-time teacher
coordinator. Student limitation is based on the need for individual
instruction and supervision time equivalent to one-half hour or more per
week per student. Also, each qualified teacher coordinator shall be
required to provide a minimum of 200 minutes of instruction per week on
general and specific topics related to careers and employment.
School district applications for participation in a work experience and
career exploration program established under this Section shall be approved
by the State Board of Education.
(Source: P.A. 86-1441.)
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(105 ILCS 5/2-3.66b) Sec. 2-3.66b. IHOPE Program. (a) There is established the Illinois Hope and Opportunity Pathways through Education (IHOPE) Program. The State Board of Education shall implement and administer the IHOPE Program. The goal of the IHOPE Program is to develop a comprehensive system in this State to re-enroll significant numbers of high school dropouts in programs that will enable them to earn their high school diploma. (b) The IHOPE Program shall award grants, subject to appropriation for this purpose, to educational service regions and a school district organized under Article 34 of this Code from appropriated funds to assist in establishing instructional programs and other services designed to re-enroll high school dropouts. From any funds appropriated for the IHOPE Program, the State Board of Education may use up to 5% for administrative costs, including the performance of a program evaluation and the hiring of staff to implement and administer the program. The IHOPE Program shall provide incentive grant funds for regional offices of education and a school district organized under Article 34 of this Code to develop partnerships with school districts, public community colleges, and community groups to build comprehensive plans to re-enroll high school dropouts in their regions or districts. Programs funded through the IHOPE Program shall allow high school dropouts, up to and including age 21 notwithstanding Section 26-2 of this Code, to re-enroll in an educational program in conformance with rules adopted by the State Board of Education. Programs may include without limitation comprehensive year-round programming, evening school, summer school, community college courses, adult education, vocational training, work experience, programs to enhance self-concept, and parenting courses. Any student in the IHOPE Program who wishes to earn a high school diploma must meet the prerequisites to receiving a high school diploma specified in Section 27-22 of this Code and any other graduation requirements of the student's district of residence. Any student who successfully completes the requirements for his or her graduation shall receive a diploma identifying the student as graduating from his or her district of residence. (c) In order to be eligible for funding under the IHOPE Program, an interested regional office of education or a school district organized under Article 34 of this Code shall develop an IHOPE Plan to be approved by the State Board of Education. The State Board of Education shall develop rules for the IHOPE Program that shall set forth the requirements for the development of the IHOPE Plan. Each Plan shall involve school districts, public community colleges, and key community programs that work with high school dropouts located in an educational service region or the City of Chicago before the Plan is sent to the State Board for approval. No funds may be distributed to a regional office of education or a school district organized under Article 34 of this Code until the State Board has approved the Plan. (d) A regional office of education or a school district organized under Article 34 of this Code may operate its own program funded by the IHOPE Program or enter into a contract with other not-for-profit entities, including school districts, public community colleges, and not-for-profit community-based organizations, to operate a program. A regional office of education or a school district organized under Article 34 of this Code that receives an IHOPE grant from the State Board of Education may provide funds under a sub-grant, as specified in the IHOPE Plan, to other not-for-profit entities to provide services according to the IHOPE Plan that was developed. These other entities may include school districts, public community colleges, or not-for-profit community-based organizations or a cooperative partnership among these entities. (e) In order to distribute funding based upon the need to ensure delivery of programs that will have the greatest impact, IHOPE Program funding must be distributed based upon the proportion of dropouts in the educational service region or school district, in the case of a school district organized under Article 34 of this Code, to the total number of dropouts in this State. This formula shall employ the dropout data provided by school districts to the State Board of Education. A regional office of education or a school district organized under Article 34 of this Code may claim State aid under Section 18-8.05 or 18-8.15 of this Code for students enrolled in a program funded by the IHOPE Program, provided that the State Board of Education has approved the IHOPE Plan and that these students are receiving services that are meeting the requirements of Section 27-22 of this Code for receipt of a high school diploma and are otherwise eligible to be claimed for general State aid under Section 18-8.05 of this Code or evidence-based funding under Section 18-8.15 of this Code, including provisions related to the minimum number of days of pupil attendance pursuant to Section 10-19 of this Code and the minimum number of daily hours of school work required under Section 10-19.05 and any exceptions thereto as defined by the State Board of Education in rules. (f) IHOPE categories of programming may include the following: (1) Full-time programs that are comprehensive, | ||
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(2) Part-time programs combining work and study | ||
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(3) Online programs and courses in which students | ||
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(4) Dual enrollment in which students attend high | ||
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(g) In order to have successful comprehensive programs re-enrolling and graduating low-skilled high school dropouts, programs funded through the IHOPE Program shall include all of the following components: (1) Small programs (70 to 100 students) at a | ||
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(2) Specific performance-based goals and outcomes | ||
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(3) Strong, experienced leadership and teaching | ||
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(4) Voluntary enrollment. (5) High standards for student learning, integrating | ||
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(6) Comprehensive programs providing extensive | ||
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(7) Small teams of students supported by full-time | ||
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(8) A comprehensive technology learning center with | ||
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(9) Learning opportunities that incorporate action | ||
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(h) Programs funded through the IHOPE Program must report data to the State Board of Education as requested. This information shall include, but is not limited to, student enrollment figures, attendance information, course completion data, graduation information, and post-graduation information, as available. (i) Rules must be developed by the State Board of Education to set forth the fund distribution process to regional offices of education and a school district organized under Article 34 of this Code, the planning and the conditions upon which an IHOPE Plan would be approved by State Board, and other rules to develop the IHOPE Program.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.) |
(105 ILCS 5/2-3.67)
Sec. 2-3.67. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.68)
Sec. 2-3.68. (Repealed).
(Source: P.A. 85-1440. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.69) (from Ch. 122, par. 2-3.69)
Sec. 2-3.69.
Tutoring services.
The State Board of Education shall
adopt rules and regulations defining basic requirements which must be met
by students of institutions of higher education who are selected by
such institutions to furnish tutoring services under the Educational
Partnership Act, as now or hereafter amended.
(Source: P.A. 84-1308.)
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(105 ILCS 5/2-3.70)
Sec. 2-3.70. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
Sec. 2-3.71. Grants for preschool educational programs. (a) Preschool program.
(1) The State Board of Education shall implement and | ||
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(2) (Blank).
(3) Except as otherwise provided under this | ||
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(3.5) Beginning with the 2018-2019 school year and | ||
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(A) An ECE Credential Level of 5 awarded by the | ||
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(B) An Educator License with Stipulations with a | ||
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(4) (Blank).
(4.5) The State Board of Education shall provide the | ||
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Except as otherwise provided in this paragraph (4.5), | ||
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(A) educational activities, curricular | ||
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(B) public information dissemination and access | ||
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(C) service areas; (D) selection priorities for eligible children to | ||
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(E) maximizing the impact of federal and State | ||
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(F) staff training, including opportunities for | ||
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(G) technical assistance; (H) communication and parent outreach for smooth | ||
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(I) provision and use of facilities, | ||
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(J) facilitating each program's fulfillment of | ||
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(K) improving local planning and collaboration; | ||
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(L) providing comprehensive services for the | ||
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If the appropriate local Head Start agency is unable or | ||
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(5) The State Board of Education shall develop and | ||
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(6) The State Board of Education shall report to the | ||
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On or before November 1 of each fiscal year in which | ||
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(7) Due to evidence that expulsion practices in the | ||
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(A) When persistent and serious challenging | ||
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(B) The early childhood program shall, with | ||
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(C) If there is documented evidence that all | ||
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(D) Nothing in this paragraph (7) shall preclude | ||
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(E) In the case of the determination of a serious | ||
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(F) Early childhood programs may utilize and the | ||
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(G) Beginning on July 1, 2018, early childhood | ||
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(i) Total number served over the course of | ||
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(ii) Number of planned transitions to another | ||
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(iii) Number of temporary removals of a child | ||
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(iv) Hours of infant and early childhood | ||
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(H) Changes to services for children with an | ||
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The State Board of Education, in consultation with | ||
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(b) (Blank).
(c) Notwithstanding any other provisions of this Section, grantees may serve children ages 0 to 12 of essential workers if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. For the purposes of this subsection, essential workers include those outlined in Executive Order 20-8 and school employees. The State Board of Education shall adopt rules to administer this subsection. (Source: P.A. 103-111, eff. 6-29-23.)
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(105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
Sec. 2-3.71a. Grants for early childhood parental training programs. The State Board of Education shall implement and administer a grant
program consisting of
grants to public school districts and other eligible entities, as defined by the State Board of Education, to conduct early childhood parental training programs for the parents of
children in the period of life from
birth to kindergarten. A public
school district that receives
grants under this Section may contract with
other eligible entities to conduct an early childhood parental training program.
These grants must be used to supplement, not supplant, funds received from any other source. A school board or other eligible entity
shall employ appropriately qualified personnel for its early
childhood parental training program, including but not limited to certified
teachers, counselors, psychiatrists, psychologists and social workers.
(a) As used in this Section, "parental training" means and includes
instruction in the following:
(1) Child growth and development, including prenatal | ||
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(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and | ||
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(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic | ||
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(7) Parenting skill development.
The programs shall include activities that require substantial
participation and interaction between parent and child.
(b) The Board shall annually award funds through a grant approval process established by the State Board of Education,
providing that an annual appropriation is made for this purpose from State,
federal or private funds. Nothing in this Section shall preclude school
districts from applying for or accepting private funds to establish and
implement programs.
(c) The State Board of Education shall assist those districts and other eligible entities offering
early childhood parental training programs, upon request, in developing instructional
materials, training teachers and staff, and establishing appropriate time
allotments for each of the areas included in such instruction.
(d) School districts and other eligible entities may offer early childhood parental training courses during that
period of the day which is not part of the regular school day. Residents
of the community may enroll in such courses. The school board or other eligible entity may
establish fees and collect such charges as may be necessary for attendance
at such courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board or other eligible entity may waive all or part of such
charges if it determines that the parent is indigent or that the
educational needs of the parent require his or her attendance at such courses.
(e) Parents who participate in early childhood parental training
programs under this Section may be eligible for reasonable reimbursement
of any incidental transportation and child care expenses from the school
district receiving funds pursuant to this Section.
(f) Districts and other eligible entities receiving
grants pursuant to this Section shall
coordinate programs created under this
Section with other preschool educational programs, including "at-risk"
preschool programs, special and vocational education, and related
services provided by other governmental agencies and not-for-profit agencies.
(g) The State Board of Education shall report to the General Assembly
by July 1, 1991, on the results of the programs funded pursuant to this
Section and whether a need continues
for such programs.
(h) After July 1, 2006, any parental training services funded pursuant to this Section on the effective date of this amendatory Act of the 94th General Assembly shall continue to be funded pursuant to this Section, subject to appropriation and the meeting of program standards. Any additional parental training services must be funded, subject to appropriation, through preschool education grants pursuant to subdivision (4) of subsection (a) of Section 2-3.71 of this Code for families with children ages 3 to 5 and through prevention initiative grants pursuant to subsection (b) of Section 2-3.89 of this Code for expecting families and those with children from birth to 3 years of age.
(i) Early childhood programs under this Section are subject to the requirements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code.(Source: P.A. 100-105, eff. 1-1-18.)
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(105 ILCS 5/2-3.72)
Sec. 2-3.72. (Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
Sec. 2-3.73. Missing child program. The State Board of Education shall
administer and implement a missing child program in accordance with the
provisions of this Section. Upon receipt of each periodic information
bulletin from the Illinois State Police pursuant
to Section 6 of
the Intergovernmental Missing Child Recovery Act of 1984, the State Board
of Education shall promptly disseminate the information to each school district in this State and to the principal
or chief administrative officer of every nonpublic elementary and
secondary school in this State registered with the State Board of Education. Upon receipt of such information, each school board shall
compare the names on the bulletin to the names of all students presently
enrolled in the schools of the district. If a school board or its designee
determines that a missing child is
attending one of the schools within the
school district, or if the principal or chief administrative officer of a
nonpublic school is notified by school personnel that a missing child is
attending that school, the school board or the principal or chief
administrative officer of the nonpublic school shall immediately give
notice of this fact to the Illinois State Police and the law enforcement agency having jurisdiction in the area
where the missing child resides or attends school.
(Source: P.A. 102-538, eff. 8-20-21.)
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(105 ILCS 5/2-3.74)
Sec. 2-3.74. (Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/2-3.76) (from Ch. 122, par. 2-3.76)
Sec. 2-3.76.
The State Board of Education shall be the State agency
responsible for ensuring that educational services are provided to all
eligible children in Illinois. This shall enhance the ability of the State
Board to guarantee that an appropriate education is made available to each
eligible child regardless of which agency places a child or is responsible
for its care and custody. In order to fully implement this Section the
State Board shall have the authority to ensure that the educational
programs provided by the Department of Human Services and the Department of
Corrections, the educational
components of the residential schools operated by the Department of Human
Services, and the educational placements paid for
by the Department of Children and Family Services shall meet the standards of
programs that shall be provided to all eligible children.
(Source: P.A. 89-507, eff. 7-1-97.)
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(105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
Sec. 2-3.77. Temporary relocation expenses.
(a) The State Board of Education may distribute loan or grant
moneys
appropriated for temporary relocation expenses incurred by school districts
as a result of fires, earthquakes, tornados, mine subsidence, or other natural or
man-made disasters which destroy school
buildings, or as a result of the condemnation of a school building under
Section 3-14.22. The State Board of Education shall by rule prescribe those
expenses which qualify as temporary relocation expenses and the manner of
determining and reporting the same, provided that such expenses shall be
deemed to include amounts reasonably required to be expended for the lease,
rental, and renovation of educational facilities and for additional
transportation and other expenses directly associated with the temporary
relocation and housing of the normal operations, activities, and affairs of
a school district.
(b) Except as provided in subsection (c), no moneys appropriated to
the State
Board of Education for purposes of distribution in accordance with the
provisions of this Section shall be distributed to any school district
unless the school board of such district, as an express condition of any
such distribution, agrees to levy the tax provided for by Section 17-2.2c
at the maximum rate permitted thereunder and to pay to the State of
Illinois for deposit in the Temporary Relocation Expenses Revolving Grant
Fund (i) all proceeds of such
tax attributable to the first year and succeeding years for which the tax
is levied after moneys
appropriated for purposes of this Section have been distributed to the
school district, and (ii) all insurance proceeds which become payable to
the district under those provisions of any contract or policy of insurance
which provide reimbursement for or other coverage against loss with respect
to any temporary relocation expenses of the school district; provided, that
the aggregate of any tax and insurance proceeds paid by the school district
to the State pursuant to this Section shall not exceed in amount the moneys
distributed to the school district pursuant to this Section.
(c) The State Board of Education may, from appropriations made for this
purpose from the Temporary Relocation Expenses Revolving Grant Fund, make
grants that do not require repayment to school districts that qualify for
temporary relocation assistance under this Section to the extent that the
amount of temporary relocation expenses incurred by a district exceeds the
amount that the district is able to repay to the State through insurance
proceeds and the tax levy authorized in Section 17-2.2c.
(d) The Temporary Relocation Expenses Revolving Grant Fund is hereby
established as a special fund within the State treasury. Appropriations and
amounts that school districts repay to the State under subsection (b) of this
Section shall be deposited into that Fund. If the balance in that Fund exceeds
$3,000,000, the excess shall be transferred into the General Revenue Fund.
(e) The State Board
of Education shall promulgate such rules and regulations, not inconsistent
with the provisions of this Section, as are necessary to provide for the
distribution of loan and grant moneys and for the
repayment of loan moneys
distributed pursuant to this Section.
(Source: P.A. 96-102, eff. 7-29-09.)
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(105 ILCS 5/2-3.78) (from Ch. 122, par. 2-3.78)
Sec. 2-3.78.
Rights of children with disabilities to
free appropriate
public education. The State Board of Education is encouraged to use free
access radio and television to inform the public of the right of all children
with disabilities to a free appropriate public
education under this Code
and the Education of the Handicapped Act, as amended.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79)
Sec. 2-3.79.
Pilot programs and special education services for preschool
children with disabilities from birth to age 3. The State Board of
Education may enter into contracts with public or not-for-profit private
organizations or agencies to establish model pilot programs which provide
services to children with disabilities from birth up to the age of 3 years.
Annual grants shall be awarded on a competitive basis pursuant to
established criteria provided that there is an annual appropriation for
this purpose. Public or not-for-profit private organizations or agencies
that are providing services to children with disabilities up to the age of 3
years prior to September 22, 1985 are eligible to receive grants awarded
pursuant to this Section.
Each pilot program shall include, but not be limited to: a process for
identification of infants with disabilities in the region;
community awareness
of the project and the services provided; an intervention system; methods
to assess and diagnose infants with disabilities; written
individual treatment
programs that include parental involvement; an interdisciplinary treatment
approach to include other agencies and not-for-profit organizations; and
a written evaluation submitted to the State Board of Education at the end
of the grant period.
An Interagency Coordination Council shall be established consisting of
a representative of the State Superintendent of Education who shall serve
as chairman, and one representative from the following departments appointed
by the respective directors or secretary: Children and Family Services, Public Health, Human
Services,
Public Aid, and the Division of Specialized Care for Children of the
University of Illinois. The council shall recommend criteria to the State
Board of Education for the awarding of grants pursuant to this Section and
shall assist in coordinating the services provided by agencies to the children
with disabilities described in this Section.
A report containing recommendations concerning all of the pilot programs
shall be submitted by the State Board of Education to the General Assembly
by January of 1989. The report which shall analyze the results
of the pilot programs funded under this Section and make recommendations
concerning existing and proposed programs shall include, but not be limited
to: recommendations for staff licensure and qualifications; the number of
children and families eligible for services statewide; the cost of serving
the children and their families; the types of services to be provided; and
designs for the most effective delivery systems of these services.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
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(105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
Sec. 2-3.80. (a) The General Assembly recognizes that agriculture is
the most basic and singularly important industry in the State, that
agriculture is of central importance to the welfare and economic stability
of the State, and that the maintenance of this vital industry requires a
continued source of trained and qualified individuals for employment in
agriculture and agribusiness. The General Assembly hereby declares that it
is in the best interests of the people of the State of Illinois that a
comprehensive education program in agriculture be created and maintained by
the State's public school system in order to ensure an adequate supply of
trained and skilled individuals and to ensure appropriate representation of
racial and ethnic groups in all phases of the industry. It is the intent
of the General Assembly that a State program for agricultural education
shall be a part of the curriculum of the public school system K through
adult, and made readily available to all school districts which may, at
their option, include programs in education in agriculture as a part of the
curriculum of that district.
(b) The State Board of Education shall adopt such rules and regulations
as are necessary to implement the provisions of this Section. The rules
and regulations shall not create any new State mandates on school districts
as a condition of receiving federal, State, and local funds by those
entities. It is in the intent of the General Assembly that, although this
Section does not create any new mandates, school districts are strongly
advised to follow the guidelines set forth in this Section.
(c) The State Superintendent of Education shall assume responsibility
for the administration of the State program adopted under this Section
throughout the public school system as well as the articulation of the
State program to the requirements and mandates of federally assisted
education. There is currently within the State Board of Education an
agricultural education unit to assist school districts in the establishment
and maintenance of educational programs pursuant to the provisions of this
Section. The staffing of the unit shall at all times be comprised of an
appropriate number of full-time employees who shall serve as program
consultants in agricultural education and shall be available to provide
assistance to school districts. At least one consultant shall be
responsible for the coordination of the State program, as Head Consultant.
At least one consultant shall be responsible for the coordination of the
activities of student and agricultural organizations and associations.
(d) A committee of 13 agriculturalists representative of the various and
diverse areas of the agricultural industry in Illinois shall be established
to at least develop a curriculum and overview the implementation of the
Build Illinois through Quality Agricultural Education plans of the Illinois
Leadership Council for Agricultural Education and to advise
the State Board of Education on vocational agricultural education, including the administration of the agricultural education line item appropriation and agency rulemaking that affects agricultural education educators. The
committee shall be composed of the following: (1) 3 agriculturalists representing the Illinois | ||
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(2) 3 agriculturalists; (3) 2 secondary agriculture teachers; (4) one representative of "Ag In The Classroom"; (5) one community college agriculture teacher; (6) one adult agriculture educator; (7) one university agriculture teacher educator; and (8) one FFA representative. All members of the committee shall be appointed by the
Governor by and with the advice and consent of the Senate. The terms of
all members so appointed shall be for 3 years, except that of the members
initially appointed, 5 shall be appointed to serve for terms of one year, 4
shall be appointed to serve for terms of 2 years, and 4 shall be appointed
to serve for terms of 3 years. All members of the committee shall serve
until their successors are appointed and qualified. Subject to a requirement that committee members in office before January 1, 2022 (the effective date of Public Act 102-463) may serve the full term to which they were appointed, the appointment of committee members to terms that commence on or after January 1, 2022 (the effective date of Public Act 102-463) shall be made in a manner that gives effect at the earliest possible time to the changes that are required by Public Act 102-463 in the representative composition of the committee's membership. Vacancies in terms
shall be filled by appointment of the Governor with the advice and consent
of the Senate for the extent of the unexpired term. The State Board of
Education shall implement a Build Illinois through Quality Agricultural
Education plan following receipt of these recommendations, which
shall be made available on or before March 31, 1987.
Recommendations shall include, but not be limited to, the development of a
curriculum and a strategy for the purpose of establishing a source of
trained and qualified individuals in agriculture, a strategy for
articulating the State program in agricultural education throughout the
public school system, and a consumer education outreach strategy regarding
the importance of agriculture in Illinois. The committee of agriculturalists
shall serve without compensation.
(e) A school district that offers a secondary agricultural education program that is approved for State and federal funding must ensure that, at a minimum, all of the following are available to its secondary agricultural education students: (1) An instructional sequence of courses approved by | ||
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(2) A State and nationally affiliated FFA (Future | ||
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(3) A mechanism for ensuring the involvement of all | ||
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(f) Nothing in this Section may prevent those secondary agricultural education programs that are in operation before January 1, 2007 (the effective date of Public Act 94-855) and that do not have an active State and nationally affiliated FFA chapter from continuing to operate or from continuing to receive funding from the State Board of Education.
(Source: P.A. 102-463, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/2-3.80a) Sec. 2-3.80a. Agricultural science teacher education. (a) Subject to appropriation, the State Board of Education shall develop an agricultural science teacher education training continuum beginning at the secondary level and shall provide grants to the following: (1) institutions of higher education that offer | ||
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(2) public community colleges in this State that | ||
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(b) The funds provided by the State Board of Education under subsection (a) of this Section may be used to support the following activities: (1) Teacher education candidate recruitment and | ||
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(2) Having Master teachers and practitioners assist | ||
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(3) Establishing, delivering, arranging for, or | ||
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(4) Professional development for faculty in | ||
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(Source: P.A. 95-153, eff. 1-1-08; 96-404, eff. 8-13-09.) |
(105 ILCS 5/2-3.80b) Sec. 2-3.80b. Agriculture education teacher grant program. (a) As used in this Section: "New agriculture education program" means an agriculture education program approved by the State Board of Education in a school district that has not had an agriculture education program for a period of 10 years or more prior to the date of application for a grant under this Section. "Personal services cost" means the cost of a teacher providing 60 additional days, which shall mean 400 additional hours, outside the teacher's regularly scheduled teaching duties for the benefit of agriculture education. The 400 additional hours shall be any activity that is to the benefit of agriculture education, as defined by the State Board of Education by rule, regardless of the time of year the activity occurs. (b) Subject to appropriation to the State Board of Education, there is created an agriculture education teacher grant program to fund personal services costs for agriculture education teachers in school districts. The grants shall be for the purpose of assisting school districts with paying for personal services costs of agriculture education teachers. (c) A school district may apply for a grant to fund an amount not to exceed 50% of the personal services cost for an agriculture education teacher under this Section. However, a school district that is creating a new agriculture education program may apply for a grant to fund an amount not to exceed 100% of an agriculture teacher's personal services cost in the first and second year of the new agriculture education program and an amount not to exceed 80% of an agriculture teacher's personal services cost in the third and fourth years of the new agriculture education program. A school district may apply for a grant for more than one teacher under this Section. (d) A school district that applies for a grant under this Section or offers any extended contract for agriculture education shall base its personal services costs on the reasonably expected personal services cost for the teacher based on the cost of the teacher's regularly scheduled teaching duties. (e) The State Board of Education shall create a statewide system for an agriculture education teacher to track his or her additional hours completed pursuant to a grant under this Section. (f) The State Board of Education shall adopt rules as necessary to implement this Section.
(Source: P.A. 99-826, eff. 1-1-17.) |
(105 ILCS 5/2-3.80c) Sec. 2-3.80c. (Repealed).
(Source: P.A. 100-118, eff. 8-15-17. Repealed internally, eff. 2-1-19.) |
(105 ILCS 5/2-3.80d) Sec. 2-3.80d. Agricultural Education Pre-Service Teacher Internship Program. (a) In this Section: "Pre-service teaching student" means a student who is a declared agricultural education major accepted into an approved agricultural teacher education program at a public university in this State and who has completed at least 30 credit hours and has maintained, at a minimum, a 2.5 cumulative grade point average on a 4.0 scale or its equivalent. "Illinois agricultural company" means any company in this State that has an interest in the agricultural industry, as determined by the pre-service teaching student's public university. (b) Subject to appropriation, the State Board of Education must, in consultation with the Board of Higher Education, develop an Agricultural Education Pre-Service Teacher Internship Program, beginning at the secondary education level, for pre-service teaching students that consists of both of the following: (1) At a minimum, an 8-week experience or 300 hours | ||
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(2) Both in-classroom lectures and hands-on, applied | ||
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(c) Subject to appropriation, the State Board must award grants to a pre-service teaching student enrolled in the Internship Program under subsection (b), which may be used by the student to support all of the following activities: (1) A stipend not to exceed $7,500 for a pre-service | ||
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(2) Lodging for a pre-service teaching student while | ||
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(3) Reimbursement for meals, not to exceed the per | ||
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(4) Any reasonable costs for participation in the | ||
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(Source: P.A. 101-554, eff. 8-23-19.) |
(105 ILCS 5/2-3.81) (from Ch. 122, par. 2-3.81)
Sec. 2-3.81.
Alternative education diplomas.
The State Board of
Education shall award diplomas to students who successfully complete
alternative education programs, including those programs which utilize
student learning objectives and goals, when such programs are approved by
the State Superintendent of Education and the organization providing the
alternative program does not have the authority to award secondary
education diplomas.
(Source: P.A. 84-1383; 84-1438.)
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(105 ILCS 5/2-3.82)
Sec. 2-3.82. (Repealed).
(Source: P.A. 84-1438. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
Sec. 2-3.83. Individual transition plan model pilot program.
(a) The General Assembly finds that transition services for special
education students in secondary schools are needed for the increasing numbers
of students exiting school programs. Therefore, to ensure coordinated and
timely delivery of services, the State shall establish a model pilot program to
provide such services. Local school districts, using joint agreements and
regional service delivery systems for special and vocational education
selected by the Governor's Planning Council on Developmental Disabilities,
shall have the primary responsibility to convene transition planning
meetings for these students who will require post-school adult services.
(b) For purposes of this Section:
(1) "Post-secondary Service Provider" means a | ||
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(2) "Individual Education Plan" means a written | ||
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(3) "Individual Transition Plan" (ITP) means a | ||
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(4) "Developmental Disability" means "developmental | ||
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(5) "Exceptional Characteristic" means any disabling | ||
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(c) The model pilot program required by this Section shall be established
and administered by the Governor's Planning Council on Developmental
Disabilities in conjunction with the case coordination pilot projects
established by the Department of Human Services pursuant to Section 4.1 of the Community Services
Act, as amended.
(d) The model pilot program shall include the following features:
(1) Written notice shall be sent to the student and, | ||
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(2) Meetings to develop and modify, as needed, an | ||
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(3) The ITP meetings shall be co-chaired by the | ||
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(4) At least 10 days prior to the ITP meeting, the | ||
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(5) Determinations with respect to individual | ||
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(e) (Blank).
(Source: P.A. 102-972, eff. 1-1-23.)
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(105 ILCS 5/2-3.84) (from Ch. 122, par. 2-3.84)
Sec. 2-3.84. In calculating the amount of State aid to be apportioned
to the various school districts in this State, the State Board of Education
shall incorporate and deduct the total aggregate adjustments to assessments
made by
the State Property Tax Appeal Board or Cook County Board of Appeals, as
reported pursuant to Section 16-15 of the Property Tax Code or Section
129.1 of the Revenue Act of 1939 by the Department of Revenue, from the
equalized assessed valuation that is otherwise to be utilized in
the initial calculation.
From the total amount of general State aid or evidence-based funding to be provided to
districts, adjustments under this Section together with adjustments as a
result of recomputation under Section 2-3.33 must not exceed $25
million, in the aggregate for all districts under both Sections combined,
of the general State aid or evidence-based funding appropriation in any fiscal year; if necessary,
amounts shall be prorated among districts. If it is necessary to prorate
claims under this paragraph, then that portion of each prorated claim that is
approved but not paid in the current fiscal year may be resubmitted as a
valid claim in the following fiscal year.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/2-3.85)
Sec. 2-3.85. (Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.86) (from Ch. 122, par. 2-3.86)
Sec. 2-3.86.
The State Board of Education may conduct
on-site auditing at the classrooms of any school district for the purpose
of verifying attendance records.
(Source: P.A. 85-1209.)
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(105 ILCS 5/2-3.87)
Sec. 2-3.87. (Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/2-3.88)
Sec. 2-3.88. (Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89)
Sec. 2-3.89. Programs concerning services to at-risk children
and their families. (a) The State Board of Education may provide grants to eligible entities, as defined by the State Board of Education, to establish
programs which offer coordinated services to at-risk infants and toddlers
and their families. Each program shall include a parent education
program relating to the development and nurturing of infants and toddlers
and case management services to coordinate existing services available in
the region served by the
program. These services shall be provided
through the implementation of an individual family service plan. Each
program will have a community involvement component to provide
coordination in the service system.
(b) The State Board of Education shall administer the programs through the grants to public school districts and other eligible entities. These grants must be used to supplement, not supplant, funds received from any other source. School districts and other eligible entities receiving grants pursuant to this Section shall conduct voluntary, intensive, research-based, and comprehensive prevention services, as defined by the State Board of Education, for expecting parents and families with children from birth to age 3 who are at-risk of academic failure. A public school district that receives a grant under this Section may subcontract with other eligible entities. (c) The State Board of Education shall report to the General Assembly by July 1, 2006 and every 2 years thereafter, using the most current data available, on the status of programs funded under this Section, including without limitation characteristics of participants, services delivered, program models used, unmet needs, and results of the programs funded.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/2-3.90)
Sec. 2-3.90. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.91)
Sec. 2-3.91. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.92)
Sec. 2-3.92. (Repealed).
(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.93)
Sec. 2-3.93. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.94)
Sec. 2-3.94. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.95)
Sec. 2-3.95. (Repealed).
(Source: P.A. 86-822. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.96) (from Ch. 122, par. 2-3.96)
Sec. 2-3.96.
Waiver of school fees.
The State Board of Education
shall promulgate regulations governing waiver of school fees authorized in
Sections 10-20.13 and 34-21.6. Board regulations shall require that each
school district adopt written policies for the administration of the waiver
of school fees. Such policies shall include, but not be limited to:
standards for determination of eligibility, procedures for notice to
parents and procedures for resolving disputes regarding the administration
of the waiver of school fees.
(Source: P.A. 86-195; 86-1028.)
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(105 ILCS 5/2-3.97)
Sec. 2-3.97. (Repealed).
(Source: P.A. 86-1028. Repealed by P.A. 96-1423, eff. 8-3-10.)
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(105 ILCS 5/2-3.98) (from Ch. 122, par. 2-3.98)
Sec. 2-3.98. Transition program for persons with developmental disabilities. The State
Board of Education shall establish and implement, in conjunction with the
Department of Human Services, a pilot program for
the provision of transitional, educational services to persons with a
developmental disability 18 years of age or older who have completed public
school programs.
(Source: P.A. 99-143, eff. 7-27-15.)
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(105 ILCS 5/2-3.99)
Sec. 2-3.99. (Repealed).
(Source: P.A. 86-1028. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.100)
Sec. 2-3.100. (Repealed).
(Source: P.A. 86-1028. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.101)
Sec. 2-3.101. (Repealed).
(Source: P.A. 91-830, eff. 7-1-00. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.102)
Sec. 2-3.102. (Repealed).
(Source: P.A. 87-895. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.103) (from Ch. 122, par. 2-3.103) Sec. 2-3.103. Salary and benefit survey. For each
school year, the State Board
of Education shall conduct, in each school district, a school district
salary and benefits survey covering the district's licensed and
educational support personnel. However, the collection of information covering educational support personnel must be limited to districts with 1,000 or more students enrolled. A survey form shall be developed and furnished by the State Board of
Education to each school district on or before October 1 of
the school year covered by the survey, and each school district shall submit a completed
survey to the State Board of Education on or before February 1 of the school year covered by the survey. The State Board of Education shall compile, by April 30 of the school
year covered by the survey, a statewide salary and benefit survey report
based upon the surveys completed and submitted for that school year by
the individual school districts as required by this Section, and shall make
the survey report available to all school districts and to all "employee
organizations" as defined in Section 2 of the Illinois Educational Labor
Relations Act. The data required to be reported by each school district on the salary
and benefits survey developed and furnished under this Section for the
school year covered by the survey shall include, but shall not be limited
to, the following: (1) the district's estimated fall enrollment; (2) with respect to both its licensed and educational | ||
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(A) whether the district has a salary schedule, | ||
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(B) when each such salary schedule or policy of | ||
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(C) whether there is a negotiated agreement | ||
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(D) whether the district's salary program, | ||
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(E) whether school board paid or tax sheltered | ||
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(F) whether the school district provides | ||
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(G) for each dental, disability, hospitalization, | ||
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In addition, each school district shall provide to the State Board of Education, on or before February 1 of the school year covered by the survey, as required by
this Section, a copy of each salary schedule, salary policy, and negotiated
agreement which is identified or otherwise referred to in the completed survey form.(Source: P.A. 102-894, eff. 5-20-22.) |
(105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
Sec. 2-3.104. State mandate reports. The State Board of Education shall
prepare an annual report listing all new State mandates applicable to the
common schools during the school year covered by the report, excluding only
those mandates that relate to school elections. The annual report shall
set forth for each listed mandate the date or approximate date that the
mandate became effective and the cost of implementing that mandate during
the school year covered by the report; provided that if the mandate has not
been in effect for the entire school year covered by the report, the
estimated annual cost of implementing that mandate shall be set forth in
that report, and provided that if the mandate exists because of a federal
law, rule or regulation, the report shall note that fact. Each annual report prepared by the State Board of
Education shall be filed by the State Board of Education with the General
Assembly on or before March 1 of the calendar year, beginning with calendar
year 1992, and shall cover only the school year ending during the calendar year
immediately preceding the calendar year in which the annual report is
required to be filed.
(Source: P.A. 102-539, eff. 8-20-21.)
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(105 ILCS 5/2-3.105) (from Ch. 122, par. 2-3.105)
Sec. 2-3.105. Services to educational service regions and school districts. Commencing July 1, 1994 and thereafter, the State Board of Education through
the office of the State Superintendent of Education shall have and exercise, in
and with respect to an educational service region located in a city of 500,000 or more inhabitants, and in and with respect to each school district
located in any such educational service region, all rights, powers, duties and
responsibilities theretofore vested in and exercised and performed by the
regional superintendent of schools in that educational service region under the
provisions of this Act or any other law of this State.
(Source: P.A. 96-893, eff. 7-1-10.)
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(105 ILCS 5/2-3.105a)
Sec. 2-3.105a.
(Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 91-46, eff. 6-30-99.)
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(105 ILCS 5/2-3.106)
Sec. 2-3.106. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.107)
Sec. 2-3.107.
Test administration ethics.
The State Board of
Education shall develop a code of ethics for test administration and shall
provide assistance to school districts upon request in the implementation
of the code. The code of ethics shall at least include a procedure to be
followed and safeguards to be observed in the administration of tests.
(Source: P.A. 87-1039; 88-45; 88-670, eff. 12-2-94.)
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(105 ILCS 5/2-3.108)
Sec. 2-3.108.
Volunteer service credit program.
The State Board of
Education shall offer guidance and assistance to any school district that
chooses to establish a volunteer service credit program under Section 27-22.3.
(Source: P.A. 87-1082; 88-45.)
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(105 ILCS 5/2-3.109)
Sec. 2-3.109.
Service region as local education agency.
The State Board shall
define local education agency to include an otherwise qualified educational
service region when determining eligibility for any grant, loan, program
authorization or other assistance provided to local education agencies by the
State Board.
(Source: P.A. 87-1124; 88-45.)
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(105 ILCS 5/2-3.109a)
Sec. 2-3.109a. Laboratory schools grant eligibility. A laboratory school
as defined in Section 18-8 or 18-8.15 may apply for and be eligible to receive, subject to
the same restrictions applicable to school districts, any grant administered by
the State Board of Education that is available for school districts.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/2-3.109b)
Sec. 2-3.109b.
Vocational center grant eligibility.
An area
vocational center, as designated by the State Board of Education, may
apply for and be eligible to receive any school maintenance grant, federal
or State technology grant, or other competitive grant administered by the
State Board of Education that is available for school districts, subject to
the same restrictions applicable to school districts.
(Source: P.A. 92-56, eff. 7-12-01.)
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(105 ILCS 5/2-3.110)
Sec. 2-3.110. (Repealed).
(Source: P.A. 88-118. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.111)
Sec. 2-3.111. (Repealed).
(Source: P.A. 88-670, eff. 12-2-94. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/2-3.112)
Sec. 2-3.112.
Service evaluation reports.
(a) The Service Evaluation Committee is hereby created to design and
develop, under the direction of the Office of the
Lieutenant Governor, a form to be used by school districts as provided
in this Section to annually evaluate the nature and quality of the services
furnished to those school districts by the State Board of Education and the
regional offices of education. The Service Evaluation Committee shall be
composed of 7 members, consisting of one member from each of the following
entities, designated in each case by the governing board of the entity from
which the member is designated:
(1) the Regional Superintendents Association;
(2) the staff employed by the State Board of | ||
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(3) the Illinois Parent Teacher Association;
(4) the Illinois Education Association;
(5) the Illinois Federation of Teachers;
(6) the Illinois Association of School Boards; and
(7) the Illinois Association of School Administrators.
Members of the Service Evaluation Committee shall serve at the pleasure of the
governing board of the entity by which they are designated to serve as members
of the Committee. Committee members shall serve without compensation but shall
be reimbursed for the reasonable expenses which they necessarily incur in the
performance of their responsibilities as members of the Committee.
(b) Under the direction of the Office of the Lieutenant Governor, the
Committee, at periodic intervals not to exceed 3 years, shall review the form to be used for the evaluation
and
make
any modifications in the form that it determines
are necessary. The
design, development, and any modifications that are to be made to the form
shall be determined not later than August 1 of each year,
beginning in 1998.
(c) The Office of the Lieutenant Governor
shall cause the form of evaluation as last
designed, developed, or modified under this Section to be printed and
distributed to the board of education of each school district in the State not
later than September 1 of each year, beginning in 1998.
(d) The president of the board of education is authorized to cause the
evaluation form
to be completed and may sign the form as president of the board of education
and forward the completed form to the Office of the Lieutenant Governor
not later than November 1 of each year, beginning in 1998. Before
completing
and signing the evaluation form, the president, acting through the board of
education, shall request and receive comments, opinions, and other input from
the district's administrators, teachers, and teacher organizations to assist
the board of education in evaluating, rating, and reporting, on the form to be
transmitted to the Office of the Lieutenant Governor, the nature and quality of
the services furnished to the district by the State Board of Education and the
regional office of education for the educational service region in which the
school district is located.
(e) The Office of the Lieutenant Governor shall review and tally the results
of all evaluation forms received from the several school districts of the State
and submit a written report of the evaluation results to the Governor, the
General Assembly, the members of the State Board of Education, and each of the
several regional superintendents of schools not later than December 15 of each
year, beginning in 1998. The Office of the Lieutenant Governor,
in making the
annual written report required by this subsection, shall not report, publish,
or otherwise release the evaluation results separately for any regional offices
of education but instead the evaluation results with respect to the regional
offices of education shall be tallied and reported on an aggregate or composite
basis, in such manner as to avoid reporting evaluation results on a regional
office of education by regional office of education basis.
(f) This Section is subject to the provisions of Section 405-500 of the
Department of Central Management Services Law (20 ILCS 405/405-500).
(Source: P.A. 90-96, eff. 1-1-98;
90-498, eff. 1-1-98; 90-609, eff. 6-30-98; 91-239, 1-1-00.)
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(105 ILCS 5/2-3.113)
Sec. 2-3.113. (Repealed).
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.114)
Sec. 2-3.114. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/2-3.115)
Sec. 2-3.115.
Tech Prep Programs.
(a) Programs of academic credit. The State Superintendent of
Education is encouraged
to
establish a program of academic credit for Tech Prep work based learning for
secondary school students with an
interest in
pursuing such career training. The program may be instituted by any school
district seeking to provide its secondary school students with an opportunity
to
participate in Tech Prep work based learning programs.
(b) Partnership for Careers grants. The State Board of Education may make
grants, subject to appropriations for such purpose, to school districts to be
used for Tech Prep Partnership for Careers programs. School districts must
submit joint applications for the grants along with one or more companies who
commit to (i) make off-campus, privately owned facilities available for the use
of the program, (ii) provide significant financial contributions to the program
in order to supplement State grants, and (iii) provide career opportunities for
students who successfully complete the program training. The State Board of
Education may use a portion of the funds appropriated for the program to
promote its availability and successes with school districts, businesses, and
communities.
(Source: P.A. 90-649, eff. 7-24-98.)
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(105 ILCS 5/2-3.116)
Sec. 2-3.116.
Electronic transfer of funds to school districts, regional
offices of education, and other
providers. The State Board of Education shall,
in consultation with the regional superintendents of schools and
with the advice and
approval of the Comptroller, adopt and implement rules establishing a system
for the
electronic transfer of funds to school districts, regional offices of
education, and other providers entitled
to payment under programs administered by the State Board of Education.
Beginning July 1, 2002, all payments for school districts, regional offices
of education, and other
providers
entitled to
payment under programs administered by the State Board of Education must be
disbursed by the Comptroller through electronic funds transfer, except as the
State
Board of Education otherwise directs.
If a school district entitled to payment wishes an electronic payment to be
made to the district's regional office of education on the district's behalf,
the school board, with
the approval of the regional office of education, must provide a resolution to
the State Board of Education directing that the electronic deposit be made into
the account of the regional office of education.
(Source: P.A. 92-121, eff. 7-20-01.)
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(105 ILCS 5/2-3.117)
Sec. 2-3.117. School Technology Program.
(a) The State Board of Education is authorized to provide technology-based
learning resources to school districts to improve
educational opportunities and student achievement throughout the State. These resources may include reimbursements for the cost of tuition incurred by a school district for approved online courses accessed through the State Board of Education's Illinois Virtual Course Catalog Program. (1) A school district shall be eligible for | ||
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(2) A school district shall claim reimbursement on | ||
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(b) The State Board of Education is authorized, to the extent funds are
available, to establish a statewide support system for information,
professional development, technical assistance, network design consultation,
leadership, technology planning consultation, and information exchange; to
expand school district connectivity; and to increase the quantity and quality
of student and educator access to on-line resources, experts, and
communications avenues from moneys appropriated for the purposes of this
Section.
(b-5) The State Board of Education may enter into intergovernmental
contracts or agreements with other State agencies, public community colleges,
public libraries, public and private colleges and universities, museums on
public land, and other public
agencies in the areas of technology, telecommunications, and information
access, under such terms as the parties may agree, provided that those
contracts and agreements are in compliance with the Department of Central
Management Services' mandate to provide telecommunications services to all
State agencies.
(c) (Blank).
(d) (Blank).
(Source: P.A. 102-16, eff. 6-17-21.)
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(105 ILCS 5/2-3.117a)
Sec. 2-3.117a. School Technology Revolving Loan Program.
(a) The State
Board of Education is authorized to administer a School Technology Revolving
Loan Program from funds appropriated from the School Technology Revolving Loan
Fund for the purpose of making the financing of school technology hardware
improvements affordable
and making the integration of technology in the classroom possible. School
technology loans shall be made available to
public school districts, charter schools, area vocational centers,
laboratory schools, and State-recognized, non-public schools to purchase technology hardware for eligible grade
levels on a 2-year rotating basis: grades 9 through 12 in fiscal year 2004
and each second year thereafter and grades K through 8 in fiscal year
2005 and each second year thereafter. However, priority shall be given to public school districts, charter schools, area vocational centers, and laboratory schools that apply prior to October 1 of each year.
The State Board of Education shall determine the interest rate the loans
shall bear which shall not be greater than 50% of the rate for the most recent
date shown in the 20 G.O. Bonds Index of average municipal bond yields as
published in the most recent edition of The Bond
Buyer, published in New York, New York. The repayment period for School
Technology Revolving Loans shall not exceed 3 years. Participants shall use at least 90% of the loan proceeds for technology
hardware
investments for
students and staff (including computer hardware, technology networks,
related
wiring, and other items as defined in rules adopted by the State Board of
Education) and up to 10% of the loan proceeds for computer furniture. No
participant whose equalized assessed valuation per pupil in
average daily attendance is at the 99th percentile and above for all districts
of the same type shall be eligible to receive a School Technology Revolving
Loan under the provisions of this Section for that year.
The State Board of Education shall have the authority to adopt all rules
necessary for the implementation and administration of the School Technology
Revolving Loan Program, including, but not limited to, rules defining
application procedures, prescribing a maximum amount per pupil that may be
requested annually, requiring appropriate local commitments for
technology investments, prescribing a mechanism for disbursing
loan funds in the event requests exceed available funds, specifying
collateral, prescribing
actions necessary to protect the State's
interest in the event of default, foreclosure, or noncompliance with the terms
and conditions of the loans, and prescribing a mechanism for reclaiming any items or equipment purchased with the loan funds in the case of the closure of a non-public school.
(b) There is created in the State treasury the School Technology Revolving
Loan Fund. The State Board shall have the authority to make expenditures from
the Fund pursuant to appropriations made for the purposes of this Section, including refunds.
There shall be deposited into the Fund such amounts, including but not limited
to:
(1) Transfers from the School Infrastructure Fund;
(2) All receipts, including principal and interest | ||
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(3) All proceeds of assets of whatever nature | ||
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(4) Any appropriations, grants, or gifts made to the | ||
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(5) Any income received from interest on investments | ||
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(Source: P.A. 96-734, eff. 8-25-09; 96-783, eff. 8-28-09; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/2-3.118)
Sec. 2-3.118.
Technology utilization.
The State Superintendent of
Education shall, from funds appropriated for that purpose, provide assistance
to public schools for the implementation or improved utilization of
technology, such as support for the development of communication networks and
infrastructure, efforts to promote the use of technology in the classroom, and
the initiation of technology leadership and capacity-building activities.
Assistance may include the provision of staff development resources, curriculum
planning and implementation resources, the establishment of demonstration
sites, and the integration of technology into school improvement activities.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/2-3.119)
Sec. 2-3.119.
(Repealed).
(Source: P.A. 89-610, eff. 8-6-96. Repealed by P.A. 89-698, eff. 1-14-97.)
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(105 ILCS 5/2-3.119a) Sec. 2-3.119a. School STEAM Grant Program. (a) The State Board of Education shall administer the School STEAM Grant Program from the funds appropriated from the School STEAM Grant Program Fund for the purpose of making science, technology, engineering, art, and math programming available to low-income students in disadvantaged neighborhoods. School STEAM grants shall be made available to public schools, charter schools, area vocational centers, and laboratory schools in which the percentage of students classified as low income exceeds the State average. Grant recipients shall use grant proceeds to conduct, or contract with a third party to conduct, programming that educates, encourages, and promotes obtaining skills and career opportunities in the fields of science, technology, engineering, art, and math. Priority shall be given to programs that provide hands-on experience and programs that focus on promoting young women to enter into the fields of science, technology, engineering, art, and math. (b) The State Board of Education may adopt all rules necessary for the implementation and administration of the STEAM Grant Program, including, but not limited to, rules defining application procedures and prescribing a mechanism for disbursing grant funds if requests exceed available funds. (c) There is created in the State treasury the School STEAM Grant Program Fund. The State Board shall have the authority to make expenditures from the Fund pursuant to appropriations made for the purposes of this Section. There shall be deposited into the Fund such amounts, including, but not limited to: (1) transfers from the State Lottery Fund pursuant to | ||
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(2) any appropriations, grants, or gifts made to the | ||
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(Source: P.A. 101-561, eff. 8-23-19.) |
(105 ILCS 5/2-3.120)
Sec. 2-3.120. (Repealed).
(Source: P.A. 94-91, eff. 7-1-05. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/2-3.121)
Sec. 2-3.121. (Repealed).
(Source: P.A. 90-463, eff. 8-17-97. Repealed by P.A. 94-91, eff. 7-1-05.)
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(105 ILCS 5/2-3.122)
Sec. 2-3.122.
Dissection alternatives.
The State Board of Education shall
make available to school districts sources of information concerning
alternatives to the dissection of animals. Such information may include, but
need not be limited to, names, addresses, and contact personnel of
organizations that offer free instructional and teaching materials as
alternatives to dissection.
(Source: P.A. 90-566, eff. 1-2-98.)
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(105 ILCS 5/2-3.123)
Sec. 2-3.123. (Repealed).
(Source: P.A. 94-196, eff. 7-12-05. Repealed by P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/2-3.124)
Sec. 2-3.124. (Repealed).
(Source: P.A. 90-548, eff. 1-1-98. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/2-3.125)
Sec. 2-3.125.
Arts and humanities organizations and
cultural institutions. The State Board of Education is authorized to reimburse
not-for-profit arts and humanities organizations and cultural institutions of
Illinois, including but not limited to, museums and theater or dance companies,
for the costs of providing educational programs to public elementary and
secondary school students.
(Source: P.A. 90-361, eff. 1-1-98; 90-655, eff. 7-30-98.)
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(105 ILCS 5/2-3.126)
Sec. 2-3.126.
(Repealed).(Source: P.A. 92-16, eff. 6-28-01. Repealed internally, eff. 7-16-03.)
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(105 ILCS 5/2-3.127)
Sec. 2-3.127.
(Repealed).(Source: P.A. 91-143, eff. 7-16-99. Repealed internally, eff. 7-16-03.)
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(105 ILCS 5/2-3.127a) Sec. 2-3.127a. The State Board of Education Special Purpose Trust Fund. The State Board of Education Special Purpose Trust Fund is created as a special fund in the State treasury. The State Board of Education shall deposit all indirect costs recovered from federal programs into the State Board of Education Special Purpose Trust Fund. These funds may be used by the State Board of Education for its ordinary and contingent expenses. Additionally and unless specifically directed to be deposited into other funds, all moneys received by the State Board of Education from gifts, grants, royalty payments, or donations from any source, public or private, shall be deposited into the State Board of Education Special Purpose Trust Fund. These funds shall be used, subject to appropriation by the General Assembly, by the State Board of Education for the purposes established by the gifts, grants, royalty payments, or donations. Any royalty payments received by the State Board of Education as a result of licensing agreements or any other agreements entered into by the State Board of Education, regardless of the original fund source, shall be deposited into the State Board of Education Special Purpose Trust Fund and, subject to appropriation by the General Assembly, shall be expended in a manner consistent with law.
(Source: P.A. 102-792, eff. 5-13-22.) |
(105 ILCS 5/2-3.128)
Sec. 2-3.128. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/2-3.129)
Sec. 2-3.129. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/2-3.130)
Sec. 2-3.130. Isolated time out, time out, and physical restraint rules; grant program; third-party assistance; goals and plans. (a) For purposes of this Section, "isolated time out", "physical restraint", and "time out" have the meanings given to those terms under Section 10-20.33. (b) The
State Board of Education shall promulgate rules governing the use of isolated time out, time out,
and physical restraint in special education nonpublic facilities and the public schools. The rules shall include
provisions governing the documentation and reporting that is required each time these interventions are used.
The rules adopted by the State Board shall
include a procedure by which a person who believes a violation of
Section 10-20.33 or 34-18.20 has occurred may file a complaint.
The rules adopted by the State Board shall include training requirements that must be included in training programs used to train and certify school personnel. The State Board shall establish procedures for progressive enforcement
actions to ensure that schools fully comply with the
documentation and reporting requirements for isolated time out, time out, and physical
restraint established by rule, which shall include meaningful and
appropriate sanctions for the failure to comply, including the failure to
report to the parent or guardian and to the State Board, the failure
to timely report, and the failure to provide detailed documentation. (c) Subject to appropriation, the State Board shall, by adoption of emergency rules under subsection (rr) of Section 5-45 of the Illinois Administrative Procedure Act if it so chooses, create a
grant program for school districts, special education nonpublic facilities approved under Section 14-7.02 of this Code, and special education
cooperatives to implement school-wide,
culturally sensitive, and trauma-informed practices, positive
behavioral interventions and supports, and restorative practices
within a multi-tiered system of support aimed at reducing the
need for interventions, such as isolated time out, time out, and physical restraint. The State Board shall give priority in grant funding to those school districts, special education nonpublic facilities approved under Section 14-7.02 of this Code, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. (d) Subject to the Illinois Procurement Code, the Illinois School Student Records Act, the Mental Health and Developmental Disabilities Confidentiality Act, and the federal Family Educational Rights and Privacy Act of 1974, the State Board may contract with a third party to provide
assistance with the oversight and monitoring of the use of isolated time
out, time out, and physical restraint by school districts. (e) For the purpose of this subsection and subsection (f), "entity" means a school district, a special education nonpublic school approved under Section 14-7.02 of this Code and located in this State, or a special education cooperative to the extent the cooperative operates separate schools or programs within schools. The State Board shall establish goals within 90 days after the effective date of this amendatory Act of the 102nd General Assembly, with
specific benchmarks, for entities to accomplish the systemic reduction
of isolated time out, time out, and physical restraint within 3 years after the effective date of this amendatory Act of the 102nd General Assembly.
The State Board shall engage in meaningful consultation with stakeholders to establish the goals, including in the review and evaluation of the data submitted. The State Board shall also consult stakeholders in efforts to develop strategies to measure and reduce racial and ethnic disparities in the use of isolated time out, time out, and physical restraint. Each entity shall create a time out and physical restraint oversight team that includes, but is not limited to, teachers, paraprofessionals, school service personnel, and administrators to develop (i) an entity-specific plan for reducing and eventually eliminating the use
of isolated time out, time out, and physical restraint in accordance with the goals and benchmarks established by the State Board and (ii) procedures to implement the plan developed by the team. The progress toward the reduction and eventual elimination of the use of isolated time out and physical restraint shall be measured by the reduction in the overall number of incidents of those interventions and the total number of students subjected to those interventions. In limited cases, upon written application made by an entity and approved by the State Board based on criteria developed by the State Board to show good cause, the reduction in the use of those interventions may be measured by the frequency of the use of those interventions on individual students and the student population as a whole. The State Board shall specify a date for submission of the plans. Entities shall submit a report once each year for 3 years after the effective date of this amendatory Act of the 102nd General Assembly to the State Board on the progress made toward achieving the goals and benchmarks established by the State Board and modify their plans as necessary to satisfy those goals and benchmarks. Entities shall notify parents and guardians that the plans and reports are available for review. On or before June 30, 2023, the State Board shall issue a report to the General Assembly on the progress made by entities to achieve those goals and benchmarks. The required plans shall include, but not be limited to, the specific actions that are to be taken
to: (1) reduce and eventually eliminate a reliance on | ||
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(2) develop individualized student plans that are | ||
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(3) ensure that appropriate personnel are fully | ||
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(4) support a vision for cultural change that | ||
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(A) positive behavioral interventions and support | ||
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(B) effective ways to de-escalate situations to | ||
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(C) crisis intervention techniques that use | ||
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(D) use of debriefing meetings to reassess what | ||
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(f) An entity, as defined in subsection (e), is exempt from the requirement to submit a plan and the annual reports under subsection (e) if the entity is able to demonstrate to the satisfaction of the State Board that (i) within the previous 3 years, the entity has never engaged in the use of isolated time out, time out, or physical restraint and (ii) the entity has adopted a written policy that prohibits the use isolated time out, time out, and physical restraint on a student and is able to demonstrate the enforcement of that policy. (g) The State Board shall establish a system of ongoing review,
auditing, and monitoring to ensure that entities comply with the
documentation and reporting requirements and meet the State Board's established goals
and benchmarks for reducing and eventually eliminating the use of isolated time out, time out, and
physical restraint. (Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.131)
Sec. 2-3.131. Transitional assistance payments.
(a) If the amount that
the State Board of Education will pay to
a school
district from fiscal year 2004 appropriations, as estimated by the State
Board of Education on April 1, 2004, is less than the amount that the
State Board of Education paid to the school district from fiscal year 2003
appropriations, then, subject to appropriation, the State Board of
Education shall make a fiscal year 2004 transitional assistance payment
to the school district in an amount equal to the difference between the
estimated amount to be paid from fiscal year 2004 appropriations and
the amount paid from fiscal year 2003 appropriations.
(b) If the amount that
the State Board of Education will pay to
a school
district from fiscal year 2005 appropriations, as estimated by the State
Board of Education on April 1, 2005, is less than the amount that the
State Board of Education paid to the school district from fiscal year 2004
appropriations, then the State Board of
Education shall make a fiscal year 2005 transitional assistance payment
to the school district in an amount equal to the difference between the
estimated amount to be paid from fiscal year 2005 appropriations and
the amount paid from fiscal year 2004 appropriations.
(c) If the amount that
the State Board of Education will pay to
a school
district from fiscal year 2006 appropriations, as estimated by the State
Board of Education on April 1, 2006, is less than the amount that the
State Board of Education paid to the school district from fiscal year 2005
appropriations, then the State Board of
Education shall make a fiscal year 2006 transitional assistance payment
to the school district in an amount equal to the difference between the
estimated amount to be paid from fiscal year 2006 appropriations and
the amount paid from fiscal year 2005 appropriations.
(d) If the amount that
the State Board of Education will pay to
a school
district from fiscal year 2007 appropriations, as estimated by the State
Board of Education on April 1, 2007, is less than the amount that the
State Board of Education paid to the school district from fiscal year 2006
appropriations, then the State Board of
Education, subject to appropriation, shall make a fiscal year 2007 transitional assistance payment
to the school district in an amount equal to the difference between the
estimated amount to be paid from fiscal year 2007 appropriations and
the amount paid from fiscal year 2006 appropriations.
(e) Subject to appropriation, beginning on July 1, 2007, the State Board of Education shall adjust prior year information for the transitional assistance calculations under this Section in the event of the creation or reorganization of any school district pursuant to Article 11E of this Code, the dissolution of an entire district and the annexation of all of its territory to one or more other districts pursuant to Article 7 of this Code, or a boundary change whereby the enrollment of the annexing district increases by 90% or more as a result of annexing territory detached from another district pursuant to Article 7 of this Code.
(f) If the amount that
the State Board of Education will pay to
a school
district from fiscal year 2008 appropriations, as estimated by the State
Board of Education on April 1, 2008, is less than the amount that the
State Board of Education paid to the school district from fiscal year 2007
appropriations, then the State Board of
Education, subject to appropriation, shall make a fiscal year 2008 transitional assistance payment
to the school district in an amount equal to the difference between the
estimated amount to be paid from fiscal year 2008 appropriations and
the amount paid from fiscal year 2007 appropriations.
(g) If the amount that the State Board of Education will pay to a school district from fiscal year 2009 appropriations, as estimated by the State Board of Education on April 1, 2009, is less than the amount that the State Board of Education paid to the school district from fiscal year 2008 appropriations, then the State Board of Education, subject to appropriation, shall make a fiscal year 2009 transitional assistance payment to the school district in an amount equal to the difference between the estimated amount to be paid from fiscal year 2009 appropriations and the amount paid from fiscal year 2008 appropriations. (Source: P.A. 94-69, eff. 7-1-05; 94-835, eff. 6-6-06; 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
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(105 ILCS 5/2-3.132)
Sec. 2-3.132. Sharing information on school lunch
applicants. The
State Board of Education shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of
Public Aid), agree in writing with the Department of Healthcare and Family Services (as the State
agency that administers the State Medical Assistance Program as provided in
Title XIX of the federal Social Security Act and the State Children's Health
Insurance Program as provided in Title XXI of the federal Social Security Act)
to
share with the Department of Healthcare and Family Services information on applicants for free or
reduced-price lunches. This sharing of information shall be for the sole
purpose of helping the Department of Healthcare and Family Services identify and enroll children in
the State Medical Assistance Program or the State Children's Health Insurance
Program or both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and
under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
The State Board of Education may not adopt any rule that would
prohibit a child from receiving any form of subsidy or benefit due to
his or her
parent or guardian withholding consent under Section 22-35 of this Code.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/2-3.133)
Sec. 2-3.133. Homework assistance information for parents. The State Board of Education shall
provide information on its Internet web site regarding strategies that
parents can use to assist their children in successfully completing
homework assignments. The State Board of Education
shall notify all school districts about this information's availability on the
State Board of Education's Internet web site.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/2-3.134)
Sec. 2-3.134.
Persistently dangerous schools. The State Board of
Education
shall maintain data and publish a list of persistently dangerous schools on an
annual basis.
(Source: P.A. 95-331, eff. 8-21-07.) |
(105 ILCS 5/2-3.135)
Sec. 2-3.135. (Repealed).
(Source: P.A. 95-949, eff. 8-29-08. Repealed internally, eff. 8-31-10.) |
(105 ILCS 5/2-3.136)
Sec. 2-3.136. Funding for class size reduction. (a) Class size reduction funding shall assist schools that meet
the criteria established by this Section for the award of funds.
(a-5) Funds shall be awarded pursuant to application. The form and manner of
applications and the criteria for the award of funds shall be prescribed by
the State Board of Education.
Funding awarded to eligible schools under this Section shall be used and
applied by the schools to defray the costs and expenses of reducing class size to a level that is evidence-based. If a school's facilities are inadequate to allow for the specified class size, then funding may be used for, but is not limited to, support for professional learning.
(b) (Blank). (c) (Blank).
(d) The State Board of Education shall adopt any rules, consistent with the
requirements of this Section, that are necessary to implement and administer
this Section.
(Source: P.A. 99-193, eff. 7-30-15; 100-1046, eff. 8-23-18.) |
(105 ILCS 5/2-3.136a) Sec. 2-3.136a. Class size report. (a) In this Section: "Class" means a setting in which organized instruction of academic course content is regularly provided to a group of students for a given scheduled period of time. "Class instructor" means a teacher who has been assigned to teach students in a class at a public school. "Class section" means a single class where a class instructor is assigned to teach more than one class per school day. "Class size" means the number of students in a class who appear on the class roster and for whom the class instructor is primarily responsible and accountable. "Pupil-teacher ratio" means the total number of students in a school divided by the total number of teachers working in that school. "Teacher" means an individual instructing students at a public school. (b) No later than January 31, 2021, and annually thereafter, the State Board of Education must make available on its website all of the following information: (1) The total number of teachers actively employed | ||
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(2) The pupil-teacher ratios for each school district. (3) The number of class instructors, by grade level | ||
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(4) The class size for each class and class section | ||
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(Source: P.A. 101-451, eff. 1-1-20.) |
(105 ILCS 5/2-3.137)
Sec. 2-3.137. (Repealed).
(Source: P.A. 96-734, eff. 8-25-09. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/2-3.138) Sec. 2-3.138. School health recognition program. The State Board of Education shall establish a school health recognition program that: (1) publicly identifies those schools that have | ||
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(2) publicly identifies those schools that have | ||
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(3) allows recognized schools to share best practices | ||
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(Source: P.A. 94-190, eff. 7-12-05; 95-331, eff. 8-21-07.) |
(105 ILCS 5/2-3.139)
Sec. 2-3.139. School wellness policies; taskforce.
(a) The State Board of Education shall establish a State goal that all school districts have a wellness policy that is consistent with recommendations of the Centers for Disease Control and Prevention (CDC), which recommendations include the following: (1) nutrition guidelines for all foods sold on school | ||
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(2) setting school goals for nutrition education and | ||
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(3) establishing community participation in creating | ||
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(4) creating a plan for measuring implementation of | ||
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The Department of Public Health, the Department of Human Services, and the State Board of Education shall form an interagency working group to publish model wellness policies and recommendations. Sample policies shall be based on CDC recommendations for nutrition and physical activity. The State Board of Education shall distribute the model wellness policies to all school districts before June 1, 2006. (b) There is created the School Wellness Policy Taskforce, consisting of
the following members: (1) One member representing the State Board of | ||
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(2) One member representing the Department of Public | ||
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(3) One member representing the Department of Human | ||
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(4) One member of an organization representing the | ||
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(5) One member of an organization representing the | ||
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(6) One member of an organization representing the | ||
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(7) One member of an organization representing the | ||
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(8) One member of an organization representing the | ||
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(9) One member of an organization representing the | ||
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(10) One member of an organization representing the | ||
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(11) One member of an organization representing the | ||
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(12) One member of an organization that has an | ||
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(13) One member of an organization that has an | ||
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(14) One member of an organization that has an | ||
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(15) One member of an organization that has an | ||
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(16) One member of an organization that has an | ||
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(17) One member of an organization that has an | ||
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(18) One member of an organization that campaigns | ||
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(19) One at-large member with a doctorate in | ||
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Members of the taskforce shall serve without compensation. The taskforce shall meet at the call of the State Board of Education. The taskforce shall report its identification of barriers to implementing school wellness policies and its recommendations to reduce those barriers to the General Assembly and the Governor on or before January 1, 2006. The taskforce shall report its recommendations on statewide school nutrition standards to the General Assembly and the Governor on or before January 1, 2007. The taskforce shall report its evaluation of the effectiveness of school wellness policies to the General Assembly and the Governor on or before January 1, 2008. The evaluation shall review a sample size of 5 to 10 school districts. Reports shall be made to the General Assembly by filing copies of each report as provided in Section 3.1 of the General Assembly Organization Act. Upon the filing of the last report, the taskforce is dissolved.
(c) The State Board of Education may adopt any rules necessary to implement this Section. (d) Nothing in this Section may be construed as a curricular mandate on any school district.
(Source: P.A. 94-199, eff. 7-12-05; 95-331, eff. 8-21-07.) |
(105 ILCS 5/2-3.140)
Sec. 2-3.140. Child abduction prevention instruction. The State Board of
Education,
in coordination with the Illinois State Police, shall develop child
abduction
prevention instruction for inclusion in elementary and secondary school
curricula
throughout the State. The State Board of Education and the Illinois State Police
shall encourage the inclusion of the child abduction prevention instruction in
private
elementary and secondary school curricula throughout the State.
(Source: P.A. 102-538, eff. 8-20-21.)
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(105 ILCS 5/2-3.141) Sec. 2-3.141. (Repealed).(Source: P.A. 95-331, eff. 8-21-07. Repealed internally, eff. 12-31-10.) |
(105 ILCS 5/2-3.142) Sec. 2-3.142. Grants to Illinois School Psychology Internship Consortium. Subject to appropriations for this purpose, the State Board of Education shall provide grants to the Illinois School Psychology Internship Consortium for aid in providing training programs and facilitating interns to improve the educational and mental health services of children in this State.
(Source: P.A. 95-102, eff. 1-1-08; 95-876, eff. 8-21-08.)
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(105 ILCS 5/2-3.143)
Sec. 2-3.143. (Repealed).
(Source: P.A. 95-707, eff. 1-11-08. Repealed by P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/2-3.144)
Sec. 2-3.144. Community college enrollments. The State Board of Education shall annually assemble all data reported to the State Board of Education under Section 10-21.4 or 34-8 of this Code by district superintendents, relating to the number of high school students in the educational service region who are enrolled in accredited courses at any community college, together with the name and number of the course or courses that each such student is taking, assembled both by individual school district and by educational service region totals.
(Source: P.A. 95-496, eff. 8-28-07; 95-876, eff. 8-21-08.) |
(105 ILCS 5/2-3.145)
Sec. 2-3.145. Special education expenditure and receipt report. The State Board of Education shall issue an annual report to the General Assembly and Governor identifying each school district's special education expenditures; receipts received from State, federal, and local sources; and net special education expenditures over receipts received, if applicable. Expenditures and receipts shall be calculated in a manner specified by the State Board using data obtained from the Annual Financial Report, the Funding and Child Tracking System, and district enrollment information. This report must be issued on or before May 1, 2008 and on or before each May 1 thereafter.
(Source: P.A. 95-555, eff. 8-30-07; 95-876, eff. 8-21-08.) |
(105 ILCS 5/2-3.146) Sec. 2-3.146. Severely overcrowded schools grant program. There is created a grant program, subject to appropriation, for severely overcrowded schools. The State Board of Education shall administer the program. Grant funds may be used for purposes of relieving overcrowding. In order for a school district to be eligible for a grant under this Section, (i) the main administrative office of the district must be located in a city of 85,000 or more in population, according to the 2000 U.S. Census, and (ii) the school district must have a district-wide percentage of low-income students of 70% or more, as identified by the 2005-2006 School Report Cards published by the State Board of Education. The State Board of Education shall distribute the funds on a proportional basis with no single district receiving more than 75% of the funds in any given year. The State Board of Education may adopt rules as needed for the implementation and distribution of grants under this Section.
(Source: P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.) |
(105 ILCS 5/2-3.147)
Sec. 2-3.147. (Repealed).
(Source: P.A. 96-1551, eff. 7-1-11. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/2-3.148)
Sec. 2-3.148. Disability history and awareness campaign. The State Board of Education shall promote an annual campaign about disability history and awareness in this State. The campaign shall be designed to increase public awareness and respect for people with disabilities who comprise a substantial percentage of this State's population, teach future generations that people with disabilities have a rich history and have made valuable contributions throughout this State and the United States, and teach future generations that disability is a natural part of life and that people with disabilities have a right to be treated with civil, legal, and human rights and as full human beings above all else.
(Source: P.A. 96-191, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/2-3.149)
Sec. 2-3.149. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 102-413, eff. 8-20-21.)
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(105 ILCS 5/2-3.150) Sec. 2-3.150. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed internally, eff. 1-16-13.) |
(105 ILCS 5/2-3.151) Sec. 2-3.151. Green career and technical education
programs. (a) As used in this Section, "green industries"
means industries that contribute directly to preserving or
enhancing environmental quality by reducing waste and pollution
or producing sustainable products using sustainable processes
and materials and that provide opportunities for advancement
along a career track of increasing skills and wages. Green
industries include any of the following: (1) Energy system retrofits to increase energy | ||
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(2) The production and distribution of biofuels and | ||
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(3) Building design and construction that meet the | ||
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(4) Organic and community food production. (5) The manufacture of products from non-toxic, | ||
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(6) The manufacture and production of sustainable | ||
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(7) Solar technology installation and
maintenance. (8) Recycling, green composting, and large-scale | ||
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(9) Water system retrofits to increase water | ||
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(10) Horticulture. (b) It is the purpose and intent of this Section to establish a State grant program that develops secondary programs that introduce students to developing green industries. (c) Subject to appropriation, the State Board of Education shall establish a State grant program that develops, through a competitive process, 2-year pilot programs to assist in the creation and promotion of green career and technical education programs in public secondary
schools in this State. Preference must be given to proposals that include the integration of academic and career and technical education content, arranged in sequences of courses that lead to post-secondary completion. (d) The State Board of Education may adopt any rules
necessary for the implementation of this Section. (e) The State Board of Education may use up to 5% of the funds appropriated for the purposes of this Section for administrative costs,
including the hiring of positions for the implementation and administration of the grant program, provided that if no appropriation is made to the State Board for a given fiscal year for the purposes of the grant program, then the State Board is not required to make any expenditures in support of the program during that fiscal year.
(Source: P.A. 96-659, eff. 8-25-09; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/2-3.152) (Text of Section before amendment by P.A. 103-265) Sec. 2-3.152. Community schools. (a) This Section applies beginning with the 2009-2010 school year. (b) The General Assembly finds all of the following: (1) All children are capable of success. (2) Schools are the centers of vibrant communities. (3) Strong families build strong educational | ||
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(4) Children succeed when adults work together to | ||
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(5) Schools work best when families take active roles | ||
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(6) Schools today are limited in their ability to | ||
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(7) By providing learning opportunities outside of | ||
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(8) A community school is a traditional school that | ||
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(9) Community schools currently exist in this State | ||
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(10) Research shows that community schools have a | ||
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(11) After-school and evening programs offered by | ||
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(12) Community schools are cost-effective because | ||
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(c) Subject to an appropriation or the availability of funding for such purposes, the State Board of Education shall make grants available to fund community schools and to enhance programs at community schools. A request-for-proposal process must be used in awarding grants under this subsection (c). Proposals may be submitted on behalf of a school, a school district, or a consortium of 2 or more schools or school districts. Proposals must be evaluated and scored on the basis of criteria consistent with this Section and other factors developed and adopted by the State Board of Education. Technical assistance in grant writing must be made available to schools, school districts, or consortia of school districts through the State Board of Education directly or through a resource and referral directory established and maintained by the State Board of Education. (d) In order to qualify for a community school grant under this Section, a school must, at a minimum, have the following components: (1) Before and after-school programming each school | ||
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(2) Weekend programming. (3) At least 4 weeks of summer programming. (4) A local advisory group comprised of school | ||
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(5) A program director or resource coordinator who is | ||
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(6) Programming that includes academic excellence | ||
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(7) Maintenance of attendance records in all | ||
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(8) Maintenance of measurable data showing annual | ||
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(9) Documentation of true collaboration between the | ||
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(10) A non-discrimination policy ensuring that the | ||
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(Source: P.A. 96-746, eff. 8-25-09; 96-1000, eff. 7-2-10.) (Text of Section after amendment by P.A. 103-265) Sec. 2-3.152. Community schools. (a) This Section applies beginning with the 2024-2025 school year. (b) The General Assembly finds all of the following: (1) All children are capable of success. (2) Schools are the centers of vibrant communities. (3) Strong families build strong educational | ||
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(4) Children succeed when adults work together to | ||
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(5) Schools work best when families take active roles | ||
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(6) Schools today are limited in their ability to | ||
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(7) By providing learning opportunities outside of | ||
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(8) A community school is a public school or | ||
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(9) Community schools currently exist in this State | ||
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(10) Research shows that community schools have a | ||
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(11) After-school and evening programs offered by | ||
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(12) Community schools are cost-effective because | ||
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(c) Subject to an appropriation or the availability of State or federal funding for such purposes, the State Board of Education shall make grants available to fund community schools and to enhance programs at community schools. A request-for-proposal process must be used in awarding grants under this subsection (c). Proposals may be submitted on behalf of a school, a school district, or a consortium of 2 or more schools or school districts. Proposals must be evaluated and scored on the basis of criteria consistent with this Section and other factors developed and adopted by the State Board of Education. Technical assistance in grant writing must be made available to schools, school districts, or consortia of school districts through the State Board of Education directly or through a resource and referral directory established and maintained by the State Board of Education. (d) As used in this subsection (d), "trauma-informed intervention" means a method for understanding and responding to an individual with symptoms of chronic interpersonal trauma or traumatic stress. In order to qualify for a community school grant under this Section, a school may, at a minimum, provide the following: (1) Before and after-school programming each school | ||
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(2) Weekend programming. (3) Summer programming. (4) A local advisory group comprised of school | ||
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(5) A program director, resource coordinator, or | ||
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(6) Programming that includes academic excellence | ||
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(7) Maintenance of attendance records in all | ||
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(8) Maintenance of measurable data showing annual | ||
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(9) Documentation of true collaboration between the | ||
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(10) A non-discrimination policy ensuring that the | ||
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(11) Wraparound services, including: (A) safe transportation to school; (B) vision and dental care services; (C) established or expanded school-based health | ||
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(D) additional social workers, mentors, | ||
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(E) enhanced behavioral health services, | ||
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(F) family and community engagement and support, | ||
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(G) student enrichment experiences; and (H) professional development for teachers and | ||
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(Source: P.A. 103-265, eff. 6-1-24.) |
(105 ILCS 5/2-3.153) Sec. 2-3.153. Survey of learning conditions. (a) The State Board of Education shall administer a climate survey, identified by and paid for by the State Board of Education, to provide feedback from, at a minimum, students in grades 4 through 12 and teachers on the instructional environment within a school. Each school district shall annually administer the climate survey in every public school attendance center by a date specified by the State Superintendent of Education, and data resulting from the instrument's administration must be provided to the State Board of Education. The survey component that requires completion by the teachers must be administered during teacher meetings or professional development days or at other times that would not interfere with the teachers' regular classroom and direct instructional duties. The State Superintendent shall publicly report on the survey indicators of learning conditions resulting from administration of the instrument at the individual school, district, and State levels and shall identify whether the indicators result from an anonymous administration of the instrument.
(b) A school district may elect to use, on a district-wide basis and at the school district's sole cost and expense, an alternate climate survey of learning conditions instrument pre-approved by the State Superintendent under subsection (c) of this Section in lieu of the State-adopted climate survey, provided that: (1) the school district notifies the State Board of | ||
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(2) the notification submitted to the State Board | ||
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(3) the school district's administration of the | ||
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(4) the alternate instrument is administered each | ||
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(c) The State Superintendent, in consultation with teachers, principals, superintendents, and other appropriate stakeholders, shall administer an approval process through which at least 2, but not more than 3, alternate survey of learning conditions instruments will be approved by the State Superintendent following a determination by the State Superintendent that each approved instrument: (1) meets all requirements of subsection (a) of this | ||
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(2) provides a summation of indicator results of the | ||
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(3) provides summary reports for each district and | ||
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(4) meets scale reliability requirements using | ||
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(5) provides research-based evidence linking | ||
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(6) has undergone and documented testing to prove | ||
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The State Superintendent shall periodically review and update the list of approved alternate survey instruments, provided that at least 2, but no more than 3, alternate survey instruments shall be approved for use during any school year. (d) Nothing contained in this amendatory Act of the 98th General Assembly repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on the effective date of this amendatory Act of the 98th General Assembly in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 100-1046, eff. 8-23-18.) |
(105 ILCS 5/2-3.154) Sec. 2-3.154. Low Performing Schools Intervention Program. From any funds appropriated to the State Board of Education for the purposes of intervening in low performing schools, the State Superintendent may, in his or her discretion, select school districts and schools in which to directly or indirectly intervene; provided however that such school districts and schools are within the lowest 5% in terms of performance in the State as determined by the State Superintendent. Intervention may take the form of a needs assessment or additional, more intensive intervention, as determined by the State Superintendent. Expenditures from funds appropriated for this purpose may include, without limitation, contracts, grants and travel to support the intervention.
(Source: P.A. 97-72, eff. 7-1-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/2-3.155) Sec. 2-3.155. Textbook block grant program. (a) The provisions of this Section are in the public interest, for the public benefit, and serve secular public purposes. (b) As used in this Section, "textbook" means any book or book substitute that a pupil uses as a text or text substitute, including electronic textbooks. "Textbook" includes books, reusable workbooks, manuals, whether bound or in loose-leaf form, instructional computer software, and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks intended as a principal source of study material for a given class or group of students. "Textbook" also includes science curriculum materials in a kit format that includes pre-packaged consumable materials if (i) it is shown that the materials serve as a textbook substitute, (ii) the materials are for use by the pupils as a principal learning source, (iii) each component of the materials is integrally necessary to teach the requirements of the intended course, (iv) the kit includes teacher guidance materials, and (v) the purchase of individual consumable materials is not allowed. (c) Subject to annual appropriation by the General Assembly, the State Board of Education is authorized to provide annual funding to public school districts and State-recognized, non-public schools serving students in grades kindergarten through 12 for the purchase of selected textbooks. The textbooks authorized to be purchased under this Section are limited without exception to textbooks for use in any public school and that are secular, non-religious, non-sectarian, and non-discriminatory as to any of the characteristics under the Illinois Human Rights Act. Textbooks authorized to be purchased under this Section must include the roles and contributions of all people protected under the Illinois Human Rights Act. Each public school district and State-recognized, non-public school shall, subject to appropriations for that purpose, receive a per pupil grant for the purchase of secular and non-discriminatory textbooks. The per pupil grant amount must be calculated by the State Board of Education utilizing the total appropriation
made for these purposes divided by the most current student
enrollment data available. (d) The State Board of Education may adopt rules as necessary for the implementation of this Section and to ensure the religious neutrality of the textbook block grant program, as well as provide for the monitoring of all textbooks authorized in this Section to be purchased directly by State-recognized, nonpublic schools serving students in grades kindergarten through 12.
(Source: P.A. 101-17, eff. 6-14-19; 101-227, eff. 7-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/2-3.156) Sec. 2-3.156. Mathematics curriculum models. (a) The State Board of Education shall, immediately following the effective date of this amendatory Act of the 97th General Assembly, coordinate the acquisition, adaptation, and development of middle and high school mathematics curriculum models to aid school districts and teachers in implementing standards for all students. The acquisition, adaptation, and development process shall include the input of representatives of statewide educational organizations and stakeholders, including without limitation all of the following: (1) Representatives of a statewide mathematics | ||
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(2) Representatives of statewide teacher | ||
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(3) Representatives of statewide school | ||
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(4) Experts in higher education mathematics | ||
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(5) Experts in curriculum design. (6) Experts in professional development design. (7) State education policymakers and advisors. (8) A representative from the Department of Commerce | ||
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(9) Higher education faculty. (10) Representatives of statewide school board | ||
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(11) Representatives of statewide principal | ||
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(b) The curriculum models under this Section shall include without limitation all of the following: (1) Scope-and-sequence descriptions for middle and | ||
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(2) Recommendations of curricula for the final year | ||
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(3) Sample lesson plans to illustrate instructional | ||
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(4) Model high school course designs that | ||
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(5) Training programs for teachers and | ||
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(c) The curriculum models under this Section must be completed no later than March 1, 2013. (d) The curriculum models and training programs under this Section must be made available to all school districts, which may choose to adopt or adapt the models in lieu of developing their own mathematics curricula. The Illinois P-20 Council shall submit a report to the Governor and the General Assembly on the extent and effect of utilization of the curriculum models by school districts. Within 4 years after the effective date of this amendatory Act of the 97th General Assembly, State mathematics test results and higher education mathematics remediation data must be used to gauge the effectiveness of high school mathematics instruction and the extent of standards attainment and be used to guide the continuous improvement of the mathematics curriculum and instruction.
(Source: P.A. 97-704, eff. 1-1-13.) |
(105 ILCS 5/2-3.157) Sec. 2-3.157. (Repealed).(Source: P.A. 98-756, eff. 7-16-14. Repealed internally, eff. 1-2-14.) |
(105 ILCS 5/2-3.158) Sec. 2-3.158. (Repealed).
(Source: P.A. 98-790, eff. 7-25-14. Repealed internally, eff. 12-31-15.) |
(105 ILCS 5/2-3.159) Sec. 2-3.159. State Seal of Biliteracy. (a) In this Section, "foreign language" means any language other than English, including all modern languages, Latin, American Sign Language, Native American languages, and native languages. (b) The State Seal of Biliteracy program is established to recognize public and non-public high school graduates who have attained a high level of proficiency in one or more languages in addition to English. School district and non-public school participation in this program is voluntary. (c) The purposes of the State Seal of Biliteracy are as follows: (1) To encourage pupils to study languages. (2) To certify attainment of biliteracy. (3) To provide employers with a method of | ||
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(4) To provide universities with an additional | ||
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(5) To prepare pupils with 21st century skills. (6) To recognize the value of foreign language and | ||
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(7) To strengthen intergroup relationships, affirm | ||
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(d) The State Seal of Biliteracy certifies attainment of a high
level of proficiency, sufficient for meaningful use in college and a career, by a graduating public or non-public high school pupil in one or more
languages in addition to English. (e) The State Board of Education shall adopt such rules as may be necessary to establish the criteria that pupils must achieve to earn a State Seal of Biliteracy, which may include without limitation attainment of units of credit in English language arts and languages other than English and passage of such assessments of foreign language proficiency as may be approved by the State Board of Education for this purpose. These rules shall ensure that the criteria that pupils must achieve to earn a State Seal of Biliteracy meet the course credit criteria established under subsection (i) of this Section. (e-5) To demonstrate sufficient English language proficiency for eligibility to receive a State Seal of Biliteracy under this Section, the State Board of Education shall allow a pupil to provide his or her school district with evidence of completion of any of the following, in accordance with guidelines for proficiency adopted by the State Board: (1) An AP (Advanced Placement) English Language and | ||
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(2) An English language arts dual credit course. (3) Transitional coursework in English language arts | ||
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(f) The State Board of Education shall do both of the following: (1) Prepare and deliver to participating school | ||
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(2) Provide other information the State Board of | ||
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(g) A school district or non-public school that participates in the program under this
Section shall do both of the following: (1) Maintain appropriate records in order to identify | ||
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(2) Make the appropriate designation on the | ||
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(h) No fee shall be charged to a pupil to receive the designation pursuant to this Section. Notwithstanding this prohibition, costs may be incurred by the pupil in demonstrating proficiency, including without limitation any assessments required under subsection (e) of this Section.
(i) For admissions purposes, each public university in this State shall accept the State Seal of Biliteracy as equivalent to 2 years of foreign language coursework taken during high school if a student's high school transcript indicates that he or she will be receiving or has received the State Seal of Biliteracy. (j) Each public community college and public university in this State shall establish criteria to translate a State Seal of Biliteracy into course credit based on foreign language course equivalencies identified by the community college's or university's faculty and staff and, upon request from an enrolled student, the community college or university shall award foreign language course credit to a student who has received a State Seal of Biliteracy. Students enrolled in a public community college or public university who have received a State Seal of Biliteracy must request course credit for their seal within 3 academic years after graduating from high school.(Source: P.A. 101-222, eff. 1-1-20; 101-503, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/2-3.160) Sec. 2-3.160. (Repealed).
(Source: P.A. 99-78, eff. 7-20-15. Repealed internally, eff. July 1, 2015. P.A. 99-65 contained an extension of the internal repealer, but did not take effect until July 16, 2015.) |
(105 ILCS 5/2-3.161) Sec. 2-3.161. Definition of dyslexia; reading instruction advisory group; handbook. (a) The State Board of Education shall incorporate, in both general education and special education, the following definition of dyslexia: Dyslexia is a specific learning disability that is | ||
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(b) (Blank).
(c) The State Board of Education shall develop and maintain a handbook to be made available on its Internet website that provides guidance for pupils, parents or guardians, and teachers on the subject of dyslexia. The handbook shall include, but is not limited to: (1) guidelines for teachers and parents or guardians | ||
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(2) a description of educational strategies that have | ||
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(3) a description of resources and services available | ||
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The State Board shall review the handbook once every 4 years to update, if necessary, the guidelines, educational strategies, or resources and services made available in the handbook. (Source: P.A. 102-539, eff. 8-20-21.) |
(105 ILCS 5/2-3.162) Sec. 2-3.162. Student discipline report; school discipline improvement plan. (a) On or before October 31, 2015 and on or before October 31 of each subsequent year, the State Board of Education, through the State Superintendent of Education, shall prepare a report on student discipline in all school districts in this State, including State-authorized charter schools. This report shall include data from all public schools within school districts, including district-authorized charter schools. This report must be posted on the Internet website of the State Board of Education. The report shall include data on the issuance of out-of-school suspensions, expulsions, and removals to alternative settings in lieu of another disciplinary action, disaggregated by race and ethnicity, gender, age, grade level, whether a student is an English learner, incident type, and discipline duration. (b) The State Board of Education shall analyze the data under subsection (a) of this Section on an annual basis and determine the top 20% of school districts for the following metrics: (1) Total number of out-of-school suspensions divided | ||
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(2) Total number of out-of-school expulsions divided | ||
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(3) Racial disproportionality, defined as the | ||
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The analysis must be based on data collected over 3 consecutive school years, beginning with the 2014-2015 school year. Beginning with the 2017-2018 school year, the State Board of Education shall require each of the school districts that are identified in the top 20% of any of the metrics described in this subsection (b) for 3 consecutive years to submit a plan identifying the strategies the school district will implement to reduce the use of exclusionary disciplinary practices or racial disproportionality or both, if applicable. School districts that no longer meet the criteria described in any of the metrics described in this subsection (b) for 3 consecutive years shall no longer be required to submit a plan. This plan may be combined with any other improvement plans required under federal or State law. The calculation of the top 20% of any of the metrics described in this subsection (b) shall exclude all school districts, State-authorized charter schools, and special charter districts that issued fewer than a total of 10 out-of-school suspensions or expulsions, whichever is applicable, during the school year. The calculation of the top 20% of the metric described in subdivision (3) of this subsection (b) shall exclude all school districts with an enrollment of fewer than 50 white students or fewer than 50 students of color. The plan must be approved at a public school board meeting and posted on the school district's Internet website. Within one year after being identified, the school district shall submit to the State Board of Education and post on the district's Internet website a progress report describing the implementation of the plan and the results achieved.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 100-863, eff. 8-14-18.) |
(105 ILCS 5/2-3.163) (Text of Section from P.A. 103-504) Sec. 2-3.163. PUNS database information for students and parents or guardians. (a) The General Assembly makes all of the following findings: (1) Pursuant to Section 10-26 of the Department of | ||
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(2) The Department of Human Services uses the data on | ||
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(3) The PUNS database is available for adults with | ||
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(4) Registration to be included on the PUNS database | ||
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(5) Lack of awareness and information about the PUNS | ||
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(a-5) The purpose of this Section is to ensure that each student with an intellectual disability or a developmental disability who has an individualized education program ("IEP") and the student's parents or guardian are informed about the PUNS database, where to register for the PUNS database, and whom they can contact for information about the PUNS database and the PUNS database registration process. This Section is not intended to change the PUNS database registration process established by the Department of Human Services or to impose any responsibility on the State Board of Education or a school district to register students for the PUNS database. (a-10) As used in this Section, "PUNS" means the Prioritization of Urgency of Need for Services database or PUNS database developed and maintained by the Department of Human Services pursuant to Section 10-26 of the Department of Human Services Act. (b) The State Board of Education may work in consultation with the Department of Human Services and with school districts to ensure that all students with intellectual disabilities or developmental disabilities and their parents or guardians are informed about the PUNS database, as described in subsections (c), (c-5), and (d) of this Section. (c) The Department of Human Services, in consultation with the State Board of Education, shall develop and implement an online, computer-based training program for at least one designated employee in every public school in this State to educate the designated employee or employees about the PUNS database and steps required to register students for the PUNS database, including the documentation and information parents or guardians will need for the registration process. The training shall include instruction on identifying and contacting the appropriate developmental disabilities Independent Service Coordination agency ("ISC") to register students for the PUNS database. The training of the designated employee or employees shall also include information about organizations and programs available in this State that offer assistance to families in understanding the PUNS database and navigating the PUNS database registration process. Each school district shall post on its public website and include in its student handbook the names of the designated trained employee or employees in each school within the school district. (c-5) During the student's annual IEP review meeting, if the student has an intellectual disability or a developmental disability, the student's IEP team shall determine the student's PUNS database registration status based upon information provided by the student's parents or guardian or by the student. If it is determined that the student is not registered for the PUNS database or if it is unclear whether the student is registered for the PUNS database, the parents or guardian and the student shall be referred to a designated employee of the public school who has completed the training described in subsection (c). The designated trained employee shall provide the student's parents or guardian and the student with the name, location, and contact information of the appropriate ISC to contact in order to register the student for the PUNS database. The designated trained employee shall also identify for the parents or guardian and the student the information and documentation they will need to complete the PUNS database registration process with the ISC, and shall also provide information to the parents or guardian and the student about organizations and programs available in this State that offer information to families about the PUNS database and the PUNS database registration process. (d) The State Board of Education, in consultation with the Department of Human Services, through school districts, shall provide to the parents and guardians of each student with an IEP a copy of the latest version of the Department of Human Services's guide titled "Understanding PUNS: A Guide to Prioritization for Urgency of Need for Services" each year at the annual review meeting for the student's individualized education program.
(e) (Blank).(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24.) (Text of Section from P.A. 103-546) Sec. 2-3.163. Prioritization of Urgency of Need for Services database. (a) The General Assembly makes all of the following findings: (1) The Department of Human Services maintains a | ||
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(2) The Department of Human Services uses the data on | ||
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(3) Prioritization of Urgency of Need for Services is | ||
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(4) Prioritization of Urgency of Need for Services is | ||
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(5) Prioritization of Urgency of Need for Services | ||
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(b) The State Board of Education may work with school districts to inform all students with developmental disabilities and their parents or guardians about the Prioritization of Urgency of Need for Services database. (c) Subject to appropriation, the Department of Human Services and State Board of Education shall develop and implement an online, computer-based training program for at least one designated employee in every public school in this State to educate him or her about the Prioritization of Urgency of Need for Services database and steps to be taken to ensure children and adolescents are enrolled. The training shall include instruction for at least one designated employee in every public school in contacting the appropriate developmental disabilities Independent Service Coordination agency to enroll children and adolescents in the database. At least one designated employee in every public school shall ensure the opportunity to enroll in the Prioritization of Urgency of Need for Services database is discussed during annual individualized education program (IEP) meetings for all children and adolescents believed to have a developmental disability. (d) The State Board of Education, in consultation with the Department of Human Services, through school districts, shall provide to parents and guardians of students a copy of the Department of Human Services's guide titled "Understanding PUNS: A Guide to Prioritization for Urgency of Need for Services" each year at the annual review meeting for the student's individualized education program, including the consideration required in subsection (e) of this Section.
(e) The Department of Human Services shall consider the length of time spent on the Prioritization of Urgency of Need for Services waiting list, in addition to other factors considered, when selecting individuals on the list for services. (f) Subject to appropriation, the Department of Human Services shall expand its selection of individuals from the Prioritization of Urgency of Need for Services database to include individuals who receive services through the Children and Young Adults with Developmental Disabilities - Support Waiver. (Source: P.A. 102-57, eff. 7-9-21; 103-546, eff. 8-11-23.) |
(105 ILCS 5/2-3.164) Sec. 2-3.164. (Repealed).
(Source: P.A. 99-642, eff. 7-28-16. Repealed internally, eff. 12-16-20.) |
(105 ILCS 5/2-3.165) Sec. 2-3.165. (Repealed).
(Source: P.A. 99-642, eff. 7-28-16. Repealed internally, eff. 6-1-16) |
(105 ILCS 5/2-3.166) Sec. 2-3.166. Youth suicide awareness and prevention. (a) This Section may be referred to as Ann Marie's Law. (b) The State Board of Education shall do both of the following: (1) In consultation with a youth suicide prevention | ||
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(2) Compile, develop, and post on its publicly | ||
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(A) Recommended guidelines and educational | ||
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(B) Recommended resources and age-appropriate | ||
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(c) The model policy developed by the State Board of Education under
subsection (b) of this Section and any policy adopted by a school board
under subsection (d) of this Section shall include all of the following: (1) A statement on youth suicide awareness and | ||
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(2) Protocols for administering youth suicide | ||
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(3) Methods of prevention, including procedures for | ||
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(4) Methods of intervention, including procedures | ||
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(A) suffer from a mental health disorder; (B) suffer from a substance abuse disorder; (C) engage in self-harm or have previously | ||
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(D) reside in an out-of-home placement; (E) are experiencing homelessness; (F) are lesbian, gay, bisexual, transgender, or | ||
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(G) are bereaved by suicide; or (H) have a medical condition or certain types of | ||
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(5) Methods of responding to a student or staff | ||
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(6) Reporting procedures. (7) Recommended resources on youth suicide awareness | ||
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(d) Beginning with the 2015-2016 school year, each school board shall review and update its current suicide awareness and prevention policy to be consistent with subsection (c) of this Section or adopt an age-appropriate youth suicide awareness and
prevention policy consistent with subsection (c) of this Section, inform each
school district employee and the parent or legal guardian of each
student enrolled in the school district of such policy, and post
such policy on the school district's publicly accessible Internet
website. The policy adopted by a school board under this
subsection (d) may be based upon the model policy developed by the
State Board of Education under subsection (b) of this Section.
(Source: P.A. 102-267, eff. 7-1-22.) |
(105 ILCS 5/2-3.167) Sec. 2-3.167. (Repealed).
(Source: P.A. 100-201, eff. 8-18-17. Repealed internally, eff. 7-1-18.) |
(105 ILCS 5/2-3.168)
Sec. 2-3.168. (Repealed).
(Source: P.A. 100-201, eff. 8-18-17. Repealed by P.A. 102-458, eff. 8-20-21.)
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(105 ILCS 5/2-3.169) Sec. 2-3.169. State Global Scholar Certification. (a) The State Global Scholar Certification Program is established to recognized public and nonpublic high school graduates who have attained global competence. State Global Scholar Certification shall be awarded beginning with the 2017-2018 school year. School district or nonpublic school participation in this certification is voluntary. (b) The purposes of State Global Scholar Certification are as follows: (1) To recognize the value of a global education. (2) To certify attainment of global competence. (3) To provide employers with a method of identifying | ||
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(4) To provide colleges and universities with an | ||
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(5) To prepare students with 21st century skills. (6) To encourage the development of a globally ready | ||
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(c) State Global Scholar Certification confirms attainment of global competence, sufficient for meaningful use in college and a career, by a graduating public or nonpublic high school student. (d) The State Board of Education shall adopt such rules as may be necessary to establish the criteria that students must achieve to earn State Global Scholar Certification, which shall minimally include attainment of units of credit in globally focused courses, service learning experiences, global collaboration and dialogue, and passage of a capstone project demonstrating global competency, as approved by the participating school district or nonpublic school for this purpose. (e) The State Board of Education shall do both of the following: (1) Prepare and deliver to participating school | ||
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(2) Provide other information the State Board of | ||
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(f) A school district or nonpublic school that participates in certification under this Section shall do both of the following: (1) Maintain appropriate records in order to identify | ||
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(2) Make the appropriate designation on the diploma | ||
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(g) No fee may be charged to a student to receive the designation pursuant to the Section. Notwithstanding this prohibition, costs may be incurred by the student in demonstrating proficiency.
(Source: P.A. 103-352, eff. 7-28-23.) |
(105 ILCS 5/2-3.170) Sec. 2-3.170. Property tax relief pool grants. (a) As used in this Section, "EAV" means equalized assessed valuation as defined under Section 18-8.15 of this Code. "Property tax multiplier" equals one minus the square of the school district's Local Capacity Percentage, as defined in Section 18-8.15 of this Code. "Local capacity percentage multiplier" means one minus the school district's Local Capacity Percentage, as defined in Section 18-8.15. "State Board" means the State Board of Education. (b) Subject to appropriation, the State Board shall provide grants to eligible school districts that provide tax relief to the school district's residents, which may be no greater than 1% of EAV for a unit district, 0.69% of EAV for an elementary school district, or 0.31% of EAV for a high school district, as provided in this Section. (b-5) School districts may apply for property tax relief under this Section concurrently to setting their levy for the fiscal year. The intended relief may not be greater than 1% of the EAV for a unit district, 0.69% of the EAV for an elementary school district, or 0.31% of the EAV for a high school district, multiplied by the school district's local capacity percentage multiplier. The State Board shall process applications for relief, providing a grant to those districts with the highest operating tax rate, as determined by those districts with the highest percentage of the simple average operating tax rate of districts of the same type, either elementary, high school, or unit, first, in an amount equal to the intended relief multiplied by the property tax multiplier. The State Board shall provide grants to school districts in order of priority until the property tax relief pool is exhausted. If more school districts apply for relief under this subsection than there are funds available, the State Board must distribute the grants and prorate any remaining funds to the final school district that qualifies for grant relief. The abatement amount for that district must be equal to the grant amount divided by the property tax multiplier. If a school district receives the State Board's approval of a grant under this Section by March 1 of the fiscal year, the school district shall present a duly authorized and approved abatement resolution by March 30 of the fiscal year to the county clerk of each county in which the school files its levy, authorizing the county clerk to lower the school district's levy by the amount designated in its application to the State Board. When the preceding requisites are satisfied, the county clerk shall reduce the amount collected for the school district by the amount indicated in the school district's abatement resolution for that fiscal year. (c) (Blank). (d) School districts seeking grants under this Section shall apply to the State Board each year. All applications to the State Board for grants shall include the amount of the tax relief intended by the school district. (e) Each year, based on the most recent available data provided by school districts pursuant to Section 18-8.15 of this Code, the State Board shall calculate the order of priority for grant eligibility under subsection (b-5) and publish a list of the school districts eligible for relief. The State Board shall provide grants in the manner provided under subsection (b-5). (f) The State Board shall publish a final list of eligible grant recipients and provide payment of the grants by March 1 of each year. (g) If notice of eligibility from the State Board is received by a school district by March 1, then by March 30, the school district shall file an abatement of its property tax levy in an amount equal to the grant received under this Section divided by the property tax multiplier. Payment of all grant amounts shall be made by June 1 each fiscal year. The State Superintendent of Education shall establish the timeline in such cases in which notice cannot be made by March 1. (h) The total property tax relief allowable to a school district under this Section shall be calculated based on the total amount of reduction in the school district's aggregate extension. The total grant shall be equal to the reduction, multiplied by the property tax multiplier. The reduction shall be equal to 1% of a district's EAV for a unit school district, 0.69% for an elementary school district, or 0.31% for a high school district, multiplied by the school district's local capacity percentage multiplier. (i) If the State Board does not expend all appropriations allocated pursuant to this Section, then any remaining funds shall be allocated pursuant to Section 18-8.15 of this Code. (j) The State Board shall prioritize payments under Section 18-8.15 of this Code over payments under this Section, if necessary. (k) Any grants received by a school district shall be included in future calculations of that school district's Base Funding Minimum under Section 18-8.15 of this Code. Beginning with Fiscal Year 2020, if a school district receives a grant under this Section, the school district must present to the county clerk a duly authorized and approved abatement resolution by March 30 for the year in which the school district receives the grant and the successive fiscal year following the receipt of the grant, authorizing the county clerk to lower the school district's levy by the amount designated in its original application to the State Board. After receiving a resolution, the county clerk must reduce the amount collected for the school district by the amount indicated in the school district's abatement resolution for that fiscal year. If a school district does not abate in this amount for the successive fiscal year, the grant amount may not be included in the school district's Base Funding Minimum under Section 18-8.15 in the fiscal year following the tax year in which the abatement is not authorized and in any future fiscal year thereafter, and the county clerk must notify the State Board of the increase no later 30 days after it occurs. (l) In the immediate 2 consecutive tax years following receipt of a Property Tax Pool Relief Grant, the aggregate extension base of any school district receiving a grant under this Section, for purposes of the Property Tax Extension Limitation Law, shall include the tax relief the school district provided in the previous taxable year under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18; 100-863, eff. 8-14-18; 101-17, eff. 6-14-19; 101-643, eff. 6-18-20.) |
(105 ILCS 5/2-3.171)
Sec. 2-3.171. (Repealed).
(Source: P.A. 100-863, eff. 8-14-18. Repealed by P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/2-3.172)
Sec. 2-3.172. (Repealed).
(Source: P.A. 100-863, eff. 8-14-18. Repealed by P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/2-3.173) Sec. 2-3.173. Substitute teachers; recruiting firms. (a) In this Section, "recruiting firm" means a company with expertise in finding qualified applicants for positions and screening those potential workers for an employer. (b) By January 1, 2019, the State Board of Education shall implement a program and adopt rules to allow school districts to supplement their substitute teacher recruitment for elementary and secondary schools with the use of recruiting firms, subject to the other provisions of this Section. To qualify for the program, a school district shall demonstrate to the State Board that, because of the severity of its substitute teacher shortage, it is unable to find an adequate amount of substitute or retired teachers and has exhausted all other efforts. Substitute teachers provided by a recruiting firm must adhere to all mandated State laws, rules, and screening requirements for substitute teachers not provided by a recruiting firm and must be paid on the same wage scale as substitute teachers not provided by a recruiting firm. This Section shall not be construed to require school districts to use recruiting firms for substitute teachers. A school district may not use a recruiting firm under this Section to circumvent any collective bargaining agreements or State laws, rules, or screening requirements for teachers. A school district may not reduce the number of full-time staff members of a department as a result of hiring a substitute teacher recruiting firm. In the event of a teacher's strike, a school district may not use a recruiting firm to hire a substitute teacher. (c) A school district organized under Article 34 of this Code may contract with a substitute teacher recruiting firm under this Section only if the district meets the following requirements: (1) certifies to the State Board of Education that it | ||
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(2) prioritizes existing substitute teachers over | ||
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(3) files copies of all substitute teacher contracts | ||
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(4) requires that the substitute teacher recruiting | ||
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(d) A substitute teacher recruiting firm may enter into an agreement with a labor organization that has a collective bargaining agreement with a school district.
(Source: P.A. 100-813, eff. 8-13-18; 101-81, eff. 7-12-19.) |
(105 ILCS 5/2-3.174) Sec. 2-3.174. Supporting Future Teachers Program. (a) In this Section: "English learner" means a child included in the definition of "English learners" under Section 14C-2 of this Code. "Low-income student" means a student that would be included in an Organizational Unit's Low-Income Count, as calculated under Section 18-8.15 of this Code. "Program" means the Supporting Future Teachers Program established under this Section. "Qualified participant" means a high school graduate who: (i) can demonstrate proficiency in a language other than English or is a recipient of a State Seal of Biliteracy or, at any one time during pre-kindergarten through grade 12, was identified as a low-income student; and (ii) is a member of the community in which the participating school district is located. A "qualified participant" must be enrolled in an educator preparation program approved by the State Board of Education at a regionally accredited institution of higher education in this State. "State Board" means the State Board of Education. (b) Beginning with the 2019-2020 school year, the State Board shall establish and maintain the Supporting Future Teachers Program to assist qualified participants in acquiring a Professional Educator License. (c) Each participating school district shall partner with an educator preparation program approved by the State Board at a regionally accredited institution of higher education in this State. Each qualified participant enrolled in the Program through the school district must be enrolled at least part-time each semester at that institution of higher education in its educator preparation program and be working toward a Professional Educator License. (d) A qualified participant shall no longer qualify for the Program if at any time the participating school district or the institution of higher education determines that the qualified participant is no longer making substantial progress toward a degree in an approved educator preparation program. (e) Throughout each semester of participation in the Program, the qualified participant must be employed by the participating school district and working under the supervision of a school district employee. Duties of the qualified participant may include, but are not limited to (i) working in cooperation with his or her supervisor under this subsection (e) to create classroom curriculum and lesson plans and (ii) working with and mentoring English learners or low-income students on a one-on-one basis. Each participating school district may use appropriate State, federal, or local revenue to employ the qualified participant. (f) At the end of each school year of the Program, each participating school district shall submit data to the State Board detailing all of the following: (1) The number of qualified participants enrolled in | ||
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(2) The costs associated with the Program. (3) The duties assigned to each qualified participant | ||
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(4) The current status of each qualified participant | ||
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(5) The qualified participant's Illinois Educator | ||
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(6) Any other information requested by the State | ||
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(g) Prior to the 2023-2024 school year, the State Board shall electronically submit a report to the Clerk of the House of Representatives and the Secretary of the Senate detailing the first 4 years of the program, including, but not limited to, the following information: (1) The participating school districts in the Program. (2) The number of qualified participants enrolled in | ||
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(3) The costs associated with the Program per school | ||
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(4) A summary of the duties assigned to qualified | ||
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(5) Any other information as determined by the State | ||
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(h) The State Board may establish and adopt any rules necessary to implement this Section. (i) Nothing in this Section shall be construed to require a school district to participate in the Program.
(Source: P.A. 100-982, eff. 8-19-18; 101-81, eff. 7-12-19.) |
(105 ILCS 5/2-3.175) Sec. 2-3.175. Registered apprenticeship program. (a) In this Section, "registered apprenticeship program" means an industry-based occupational training program of study with standards reviewed and approved by the United States Department of Labor that meets each of the following characteristics: (1) Apprentices in the program are at all times | ||
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(2) The program features a structured combination of | ||
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(3) Apprentices in the program are paid a training | ||
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(4) Apprentices in the program earn an | ||
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(5) Apprentices in the program may earn postsecondary | ||
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(b) No later than 6 months after August 20, 2018 (the effective date of Public Act 100-992), the State Board of Education shall initiate a rulemaking proceeding to adopt rules as may be necessary to allow students of any high school in this State who are 16 years of age or older to participate in registered apprenticeship programs. The rules shall include the waiver of all non-academic requirements mandated for graduation from a high school under this Code that would otherwise prohibit or prevent a student from participating in a registered apprenticeship program.
(Source: P.A. 100-992, eff. 8-20-18; 101-81, eff. 7-12-19.) |
(105 ILCS 5/2-3.176) Sec. 2-3.176. Transfers to Governor's Grant Fund. In addition to any other transfers that may be provided for by law, the State Comptroller shall direct and the State Treasurer shall transfer from the SBE Federal Agency Services Fund and the SBE Federal Department of Education Fund into the Governor's Grant Fund such amounts as may be directed in writing by the State Board of Education.
(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/2-3.177) Sec. 2-3.177. Transfers to DHS Special Purposes Trust Fund. In addition to any other transfers that may be provided for by law, the State Comptroller shall direct and the State Treasurer shall transfer from the SBE Federal Agency Services Fund into the DHS Special Purposes Trust Fund such amounts as may be directed in writing by the State Board of Education.
(Source: P.A. 101-10, eff. 6-5-19.) |
(105 ILCS 5/2-3.178) Sec. 2-3.178. K-12 Recycling Grant Program. (a) Subject to appropriation, the State Board of Education must create and administer the K-12 Recycling Grant Program to provide grants to school districts for the implementation or improvement of a school's recycling program. A school district that applies for a grant under this Section may receive a maximum grant amount of $5,000 per school in that district and may use the grant funds only to implement or improve a school's recycling program. (b) The State Board must adopt rules to implement this Section.
(Source: P.A. 101-10, eff. 6-5-19.) |
(105 ILCS 5/2-3.179)
Sec. 2-3.179. Work-based learning database. (a) In this Section, "work-based learning" means an educational strategy that provides students with real-life work experiences in which they can apply academic and technical skills and develop their employability. (b) The State Board must develop a work-based learning database to help facilitate relationships between school districts and businesses and expand work-based learning in this State.
(Source: P.A. 101-389, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/2-3.180)
Sec. 2-3.180. School safety and security grants. Subject to appropriation or private donations, the State Board of Education shall award grants to school districts to support school safety and security. Grant funds may be used for school security improvements, including professional development, safety-related upgrades to school buildings, equipment, including metal detectors and x-ray machines, and facilities, including school-based health centers. The State Board must prioritize the distribution of grants under this Section to school districts designated as Tier 1 or Tier 2 under Section 18-8.15.
(Source: P.A. 101-413, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/2-3.181)
Sec. 2-3.181. Safe Schools and Healthy Learning Environments Grant Program. (a) The State Board of Education, subject to appropriation, is authorized to award competitive grants on an annual basis under a Safe Schools and Healthy Learning Environments Grant Program. The goal of this grant program is to promote school safety and healthy learning environments by providing schools with additional resources to implement restorative interventions and resolution strategies as alternatives to exclusionary discipline, and to address the full range of students' intellectual, social, emotional, physical, psychological, and moral developmental needs. (b) To receive a grant under this program, a school district must submit with its grant application a plan for implementing evidence-based and promising practices that are aligned with the goal of this program. The application may include proposals to (i) hire additional school support personnel, including, but not limited to, restorative justice practitioners, school psychologists, school social workers, and other mental and behavioral health specialists; (ii) use existing school-based resources, community-based resources, or other experts and practitioners to expand alternatives to exclusionary discipline, mental and behavioral health supports, wraparound services, or drug and alcohol treatment; and (iii) provide training for school staff on trauma-informed approaches to meeting students' developmental needs, addressing the effects of toxic stress, restorative justice approaches, conflict resolution techniques, and the effective utilization of school support personnel and community-based services. For purposes of this subsection, "promising practices" means practices that present, based on preliminary information, potential for becoming evidence-based practices. Grant funds may not be used to increase the use of school-based law enforcement or security personnel. Nothing in this Section shall prohibit school districts from involving law enforcement personnel when necessary and allowed by law. (c) The State Board of Education, subject to appropriation for the grant program, shall annually disseminate a request for applications to this program, and funds shall be distributed annually. The criteria to be considered by the State Board of Education in awarding the funds shall be (i) the average ratio of school support personnel to students in the target schools over the preceding 3 school years, with priority given to applications with a demonstrated shortage of school support personnel to meet student needs; and (ii) the degree to which the proposal articulates a comprehensive approach for reducing exclusionary discipline while building safe and healthy learning environments. Priority shall be given to school districts that meet the metrics under subsection (b) of Section 2-3.162. (d) The State Board of Education, subject to appropriation for the grant program, shall produce an
annual report on the program in
cooperation with the school districts participating in the program. The report shall include available
quantitative information on the progress being made in reducing exclusionary discipline and the effects of the program on school safety and school climate. This report shall be posted on the State Board of Education's website by
October 31 of each year, beginning in 2020. (e) The State Board of Education may adopt any rules necessary for the implementation of this program.
(Source: P.A. 101-438, eff. 8-20-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/2-3.182) Sec. 2-3.182. Annual census of personnel holding school support personnel endorsements. (a) In this Section: "School support personnel endorsement" means an endorsement affixed to a Professional Educator License as referenced in subparagraph (G) of paragraph (2) of Section 21B-25 of this Code. "Special education joint agreement" means an entity formed pursuant to Section 10-22.31 of this Code. (b) No later than December 1, 2023 and each December 1st annually thereafter, the State Board of Education must make available on its website the following information for each school district as of October 1st of each year beginning in 2022: (1) The total number of personnel with a school | ||
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(A) those actively employed on a full-time basis | ||
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(B) those actively employed on a part-time basis | ||
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(C) those actively employed by a special | ||
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(2) The total number of students enrolled in the | ||
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(Source: P.A. 102-302, eff. 1-1-22; 102-813, eff. 5-13-22.) |
(105 ILCS 5/2-3.183) Sec. 2-3.183. Review of university admission coursework. (a) The State Board of Education shall make the review compiled under Section 9.40 of the Board of Higher Education Act available to the public on its Internet website. (b) To ensure that every public high school student understands the course expectations for admission into a public university in this State, a school district must make available to students in grades 8 through 12 and their parents or guardians the review compiled under Section 9.40 of the Board of Higher Education Act before the student's course schedule is finalized for the student's particular grade level. (c) To ensure that a public high school student is not excluded from enrolling in a public university in this State because of a lack of access to required or recommended coursework, beginning with the 2022-2023 school year and each school year thereafter, every public high school must provide access to each course identified in the review compiled under Section 9.40 of the Board of Higher Education Act to any of its students who request to enroll in the course. If the public high school is unable to offer the course through the school district, the public high school must find an alternative way to offer the course to the student, which may include partnering with another school district, a community college district, an institution of higher education, or some other course provider. No student shall be excluded from participation in a course identified in the review due to financial reasons. Any course offered pursuant to this Section as a dual credit course shall be developed and offered in accordance with the Dual Credit Quality Act.
(Source: P.A. 101-654, eff. 3-8-21.) |
(105 ILCS 5/2-3.185) Sec. 2-3.185. Computer science standards and courses. On or before December 1, 2021, the State Board of Education shall: (1) develop or adopt rigorous learning standards in | ||
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(2) analyze and revise, if appropriate, existing | ||
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(Source: P.A. 101-654, eff. 3-8-21.) |
(105 ILCS 5/2-3.186) Sec. 2-3.186. Freedom Schools; grant program. (a) The General Assembly recognizes and values the contributions that Freedom Schools make to enhance the lives of Black students. The General Assembly makes all of the following findings: (1) The fundamental goal of the Freedom Schools of | ||
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(2) Freedom Schools continue to demonstrate the | ||
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(3) Freedom Schools offer culturally relevant | ||
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(4) Public schools serve a foundational role in the | ||
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(b) The State Board of Education shall establish a Freedom School network to supplement the learning taking place in public schools by awarding one or more grants as set forth in subsection (e) to create Freedom Schools with a mission to improve the odds for children in poverty by using a research-based and multicultural curriculum for disenfranchised communities most affected by the opportunity gap and learning loss caused by the pandemic, and by expanding the teaching of African American history, developing leadership skills, and providing an understanding of the tenets of the civil rights movement. The teachers in Freedom Schools must be from the local community, with an emphasis on historically disadvantaged youth, including African American students and other students of color, so that (i) these individuals have access to jobs and teaching experiences that serve as a long-term pipeline to educational careers and the hiring of minority educators in public schools, (ii) these individuals are elevated as content experts and community leaders, and (iii) Freedom School students have access to both mentorship and equitable educational resources. (c) A Freedom School shall intentionally and imaginatively implement strategies that focus on all of the following: (1) Racial justice and equity. (2) Transparency and building trusting | ||
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(3) Self-determination and governance. (4) Building on community strengths and community | ||
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(5) Utilizing current data, best practices, and | ||
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(6) Shared leadership and collaboration. (7) A reflective learning culture. (8) A whole-child approach to education. (9) Literacy. (d) The State Board of Education, in the establishment of Freedom Schools, shall strive for authentic parent and community engagement during the development of Freedom Schools and their curriculum. Authentic parent and community engagement includes all of the following: (1) A shared responsibility that values equal | ||
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(2) Ensuring that students and families who are | ||
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(3) Genuine respect for the culture and diversity | ||
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(4) Relationships that center around the goal of | ||
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(e) Subject to appropriation, the State Board of Education shall establish and implement a grant program to provide grants to public schools, public community colleges, and not-for-profit, community-based organizations to facilitate improved educational outcomes for historically disadvantaged students, including African American students and other students of color in grades pre-kindergarten through 12 in alignment with the integrity and practices of the Freedom School model established during the civil rights movement. Grant recipients under the program may include, but are not limited to, entities that work with the Children's Defense Fund or offer established programs with proven results and outcomes. The State Board of Education shall award grants to eligible entities that demonstrate a likelihood of reasonable success in achieving the goals identified in the grant application, including, but not limited to, all of the following: (1) Engaging, culturally relevant, and challenging | ||
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(2) High-quality teaching. (3) Wrap-around supports and opportunities. (4) Positive discipline practices, such as | ||
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(5) Inclusive leadership. (f) The Freedom Schools Fund is created as a special fund in the State treasury. The Fund shall consist of appropriations from the General Revenue Fund, grant funds from the
federal government, and donations from educational and private foundations. All money in the Fund shall be used, subject to appropriation, by the State Board of Education for the purposes of this Section and to support related activities. (g) The State Board of Education may adopt any rules necessary to implement this Section.
(Source: P.A. 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for effective date of P.A. 102-209); 103-8, eff. 6-7-23.) |
(105 ILCS 5/2-3.187) Sec. 2-3.187. (Repealed).
(Source: P.A. 102-671, eff. 11-30-21. Repealed internally, eff. 1-1-23.) |
(105 ILCS 5/2-3.188) Sec. 2-3.188. Resource guide. (a) By July 1, 2023, the State Board of Education, in consultation with relevant stakeholders, as needed, shall develop and maintain a resource guide that shall be made available on the State Board's Internet website. The resource guide shall provide guidance for pupils, parents or guardians, and teachers about sexual abuse response and prevention resources available in their community. The resource guide shall, at a minimum, provide all of the following information: (1) Contact information, the location, and a list of | ||
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(2) Contact information and a list of the services | ||
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(3) Contact information and a list of the services | ||
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(4) Contact information of organizations | ||
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(b) At the beginning of the school year, each school district, charter school, or nonpublic school shall notify the parents or guardians of enrolled students of the availability of the resource guide. Each school district, charter school, or nonpublic school shall furnish the resource guide to a student's parent or guardian at the request of the parent or guardian and may also make the resource guide available on its Internet website. (c) The State Board of Education shall periodically review the information contained in the resource guide and update the information as necessary.
(Source: P.A. 102-676, eff. 12-3-21.) |
(105 ILCS 5/2-3.189)
Sec. 2-3.189. School unused food sharing plan. School districts shall incorporate a food sharing plan for unused food into their local wellness policy under Section 2-3.139. The food sharing plan shall focus on needy students, with the plan being developed and supported jointly by the district's local health department. Participants in the child nutrition programs, the National School Lunch Program and National School Breakfast Program, the Child and Adult Care Food Program (CACFP), and the Summer Food Service Program (SFSP) shall adhere to the provisions of the Richard B. Russell National School Lunch Act, as well as accompanying guidance from the U.S. Department of Agriculture on the Food Donation Program, to ensure that any leftover food items are properly donated in order to combat potential food insecurity in their communities. For the purpose of this Section, "properly" means in accordance with all federal regulations and State and local health and sanitation codes.
(Source: P.A. 102-359, eff. 8-13-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/2-3.190)
Sec. 2-3.190. Anaphylactic policy for school districts. (a) The State Board of Education, in consultation with the Department of Public Health, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed both for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy shall be developed after consultation with the advisory committee established pursuant to Section 5 of the Critical Health Problems and Comprehensive Health Education Act. In establishing the policy required under this Section, the State Board shall consider existing requirements and current and best practices for schools regarding allergies and anaphylaxis. The State Board must also consider the voluntary guidelines for managing food allergies in schools issued by the United States Department of Health and Human Services. (b) The anaphylactic policy established under subsection (a) shall include the following: (1) A procedure and treatment plan, including | ||
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(2) Requirements for a training course for | ||
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(3) A procedure and appropriate guidelines for the | ||
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(4) A communication plan for intake and | ||
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(5) Strategies for reducing the risk of exposure to | ||
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(6) A communication plan for discussion with | ||
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(c) At least once each calendar year, each school district shall send a notification to the parents or guardians of all children under the care of a school to make them aware of the anaphylactic policy. The notification shall include contact information for parents and guardians to engage further with the school to learn more about individualized aspects of the policy. (d) At least 6 months after August 20, 2021 (the effective date of Public Act 102-413), the anaphylactic policy established under subsection (a) shall be forwarded by the State Board to the school board of each school district in this State. Each school district shall implement or update, as appropriate, its anaphylactic policy in accordance with those developed by the State Board within 6 months after receiving the anaphylactic policy from the State Board. (e) The anaphylactic policy established under subsection (a) shall be reviewed and updated, if necessary, at least once every 3 years. (f) The State Board shall post the anaphylactic policy established under subsection (a) and resources regarding allergies and anaphylaxis on its website. (g) The State Board may adopt any rules necessary to implement this Section.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/2-3.191)
Sec. 2-3.191. State Education Equity Committee. (a) The General Assembly finds that this State has an urgent and collective responsibility to achieve educational equity by ensuring that all policies, programs, and practices affirm the strengths that each and every child brings with diverse backgrounds and life experiences and by delivering the comprehensive support, programs, and educational opportunities children need to succeed. (b) The State Education Equity Committee is created within the State Board of Education to strive toward ensuring equity in education for all children from birth through grade 12. (c) The Committee shall consist of the State Superintendent of Education or the State Superintendent's designee, who shall serve as chairperson, and one member from each of the following organizations appointed by the State Superintendent: (1) At least 2 educators who each represent a | ||
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(2) A professional teachers' organization located in | ||
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(3) A statewide association representing school | ||
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(4) A statewide association representing regional | ||
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(5) A statewide association representing school board | ||
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(6) A statewide association representing school | ||
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(7) A school district serving a community with a | ||
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(8) A parent-led organization. (9) A student-led organization. (10) One community organization that works to foster | ||
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(11) An organization that works for economic, | ||
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(12) One statewide organization whose focus is to | ||
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(13) An organization that advocates for healthier | ||
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(14) One statewide organization that advocates for | ||
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(15) One organization that advocates for the health | ||
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(16) An organization dedicated to advocating for | ||
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(17) Other appropriate State agencies as determined | ||
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(18) An organization that works for economic, | ||
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(19) A individual with a disability or a statewide | ||
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Members appointed to the Committee must reflect, as much as possible, the racial, ethnic, and geographic diversity of this State. (d) Members appointed by the State Superintendent shall serve without compensation, but may be reimbursed for reasonable and necessary expenses, including travel, from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board. (e) The Committee shall meet at the call of the chairperson, but shall meet no less than 3 times a year. (f) The Committee shall recognize that, while progress has been made, much remains to be done to address systemic inequities and ensure each and every child is equipped to reach the child's fullest potential and shall: (1) guide its work through the principles of equity, | ||
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(2) focus its work around the overarching goals of | ||
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(3) identify evidence-based practices or policies | ||
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(4) seek input and feedback on identified | ||
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(g) The Committee shall submit its recommendations to the General Assembly and the State Board of Education no later than January 31, 2022. By no later than December 15, 2023 and each year thereafter, the Committee shall report to the General Assembly and the State Board of Education about the additional progress that has been made to achieve educational equity.
(h) As part of the report required under subsection (g), by no later than December 15, 2024, the Committee shall provide recommendations that may assist the State Board of Education in identifying diverse subject matter experts to help inform policy through task forces, committees, and commissions the State Board oversees. (i) On and after January 31, 2025, subsection (h) is inoperative. (Source: P.A. 102-458, eff. 8-20-21; 102-813, eff. 5-13-22; 103-422, eff. 8-4-23.)
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(105 ILCS 5/2-3.192) (Section scheduled to be repealed on July 1, 2024) Sec. 2-3.192. Significant loss grant program. Subject to specific State appropriation, the State Board shall make Significant Loss Grants available to school districts that meet all of the following requirements: (1) The district has been affected by a | ||
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(2) The district's total equalized | ||
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(3) The district's administrative office | ||
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(4) The district has a total student | ||
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(5) The district has a low income | ||
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The Professional Review Panel shall make recommendations to the State Board regarding grant eligibility and allocations. The State Board shall determine grant eligibility and allocations.
This Section is repealed on July 1, 2024.
(Source: P.A. 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.) |
(105 ILCS 5/2-3.195) Sec. 2-3.195. Direct support professional training program. Beginning with the 2025-2026 school year and continuing for not less than 2 years, the State Board of Education shall make available a model program of study that incorporates the training and experience necessary to serve as a direct support professional. By July 1, 2023, the Department of Human Services shall submit recommendations developed in consultation with stakeholders, including, but not limited to, organizations representing community-based providers serving children and adults with intellectual or developmental disabilities, and education practitioners, including, but not limited to, teachers, administrators, special education directors, and regional superintendents of schools, to the State Board for the training that would be required in order to complete the model program of study.
(Source: P.A. 102-874, eff. 1-1-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23.) |
(105 ILCS 5/2-3.196) (Text of Section from P.A. 103-8) Sec. 2-3.196. Teacher Vacancy Grant Pilot Program. (a) Subject to appropriation, beginning in Fiscal Year 2024, the State Board of Education shall administer a 3-year Teacher Vacancy Grant Pilot Program for the allocation of formula grant funds to school districts to support the reduction of unfilled teaching positions throughout the State. The State Board shall identify which districts are eligible to apply for a 3-year grant under this Section by reviewing the State Board's Fiscal Year 2023 annual unfilled teaching positions report to determine which districts designated as Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the greatest need for funds. Based on the National Center for Education Statistics locale classifications, 60% of eligible districts shall be rural districts and 40% of eligible districts shall be urban districts. Continued funding for the grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to appropriation. The State Board shall post, on its website, information about the grant program and the list of identified districts that are eligible to apply for a grant under this subsection. (b) A school district that is determined to be eligible for a grant under subsection (a) and that chooses to participate in the program must submit an application to the State Board that describes the relevant context for the need for teacher vacancy support, suspected causes of teacher vacancies in the district, and the district's plan in utilizing grant funds to reduce unfilled teaching positions throughout the district. If an eligible school district chooses not to participate in the program, the State Board shall identify a potential replacement district by using the same methodology described in subsection (a). (c) Grant funds awarded under this Section may be used for financial incentives to support the recruitment and hiring of teachers, programs and incentives to strengthen teacher pipelines, or investments to sustain teachers and reduce attrition among teachers. Grant funds shall be used only for the purposes outlined in the district's application to the State Board to reduce unfilled teaching positions. Grant funds shall not be used for any purposes not approved by the State Board. (d) A school district that receives grant funds under this Section shall submit an annual report to the State Board that includes, but is not limited to, a summary of all grant-funded activities implemented to reduce unfilled teaching positions, progress towards reducing unfilled teaching positions, the number of unfilled teaching positions in the district in the preceding fiscal year, the number of new teachers hired during the program, the teacher attrition rate, the number of individuals participating in any programs designed to reduce attrition, the number of teachers retained using support of the grant funds, participation in any strategic pathway programs created under the program, and the number of and participation in any new pathways into teaching positions created under the program. (e) No later than March 1, 2027, the State Board shall submit a report to the Governor and the General Assembly on the efficacy of the pilot program that includes a summary of the information received under subsection (d) and an overview of its activities to support grantees.(Source: P.A. 103-8, eff. 6-7-23.) (Text of Section from P.A. 103-264) Sec. 2-3.196. Computer Science Equity Grant Program. (a) Subject to appropriation, the State Board shall establish a competitive grant program to support the development or enhancement of computer science programs in the K-12 schools. Eligible entities are regional offices of education, intermediate service centers, State higher education institutions, schools designated as laboratory schools, and school districts. Approved entities shall be responsible for ensuring that appropriate facilities are available and educators are appropriately trained on the use of any technologies or devices acquired for the purposes of the grant. (b) Computer Science Equity Grant Program funds shall be used in the following manner consistent with application requirements established by the State Board of Education as provided in this Article: (1) to expand learning opportunities in grades K-12 | ||
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(2) to train and retrain teachers of grades K-12 to | ||
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(3) to supply classrooms with materials and equipment | ||
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(4) to more effectively recruit and better serve K-12 | ||
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(c) Computer Science Equity Grant Program funds shall be made available to each eligible entity upon completion of an application process that is consistent with rules established by the State Board of Education. The application shall include the planned use of the funds; identification of need for the funds that is supported by local, regional, and state data; a plan for long-term sustainability; and a long-term plan for continuous improvement. (d) The State Board of Education shall adopt rules as may be necessary to implement the provision of this Article, including, but not limited to, the identification of additional prioritization areas for each competitive grant application cycle that are within the scope of the authorized uses. Priority consideration for all applications will be given for proposals that intend to serve a majority of learners or teachers with gender or racial/ethnic identities that are underrepresented in the computer science labor market. (e) Up to 2 renewals of the grant will be allowed, providing the entity awarded satisfactorily completes programmatic reporting and meets program objectives commensurate with application requirements set forth by the State Board of Education. (f) Grants under the Computer Science Equity Grant Program and funding levels for satisfactory applications may be prorated according to the amount appropriated. (Source: P.A. 103-264, eff. 1-1-24.) (Text of Section from P.A. 103-402) Sec. 2-3.196. State Board of Education literacy assistance. (a) The State Board of Education shall adopt and make available all of the following to each publicly funded school district by July 1, 2024: (1) A rubric by which districts may evaluate | ||
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(2) A template to support districts when developing | ||
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(3) Guidance on evidence-based practices for | ||
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(b) On or before January 1, 2025, the State Board of Education shall develop and make available training opportunities for educators in teaching reading that are aligned with the comprehensive literacy plan described in subsection (c) and consistent with State learning standards. This support may include: (1) the development of a microcredential or a series | ||
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(2) the creation and dissemination of a tool that | ||
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(c) In consultation with education stakeholders, the State Board of Education shall develop and adopt a comprehensive literacy plan for the State on or before January 31, 2024. The comprehensive literacy plan shall consider, without limitation, evidence-based research and culturally and linguistically sustaining pedagogical approaches to meet the needs of all students and shall, at a minimum, do all of the following: (1) Consider core instructional literacy practices | ||
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(2) Provide guidance related to screening tools, the | ||
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(3) Provide guidance related to early literacy | ||
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(4) Consider the impact of second language | ||
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(5) Define key terminology, such as "evidence-based". (6) Contextualize the interaction between elements of | ||
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(7) Focus on a comprehensive range of elements of | ||
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(Source: P.A. 103-402, eff. 7-28-23.) (Text of Section from P.A. 103-413) Sec. 2-3.196. Children's Adversity Index. The Illinois State Board of Education shall develop a community or district-level Children's Adversity Index ("index") to measure community childhood trauma exposure across the population of children 3 through 18 years of age by May 31, 2025. This cross-agency effort shall be led by the State Board of Education and must include agencies that both collect the data and will have an ultimate use for the index information, including, but not limited to, the Governor's Office of Early Childhood Development, the Department of Human Services, the Department of Public Health, the Department of Innovation and Technology, the Illinois Criminal Justice Information Authority, the Department of Children and Family Services, and the Department of Juvenile Justice. The State Board of Education may also involve non-agency personnel with relevant expertise. The index shall be informed by research and include both adverse incident data, such as the number or rates of students and families experiencing homelessness and the number or percentages of children who have had contact with the child welfare system, and indicators of aspects of a child's environment that can undermine the child's sense of safety, stability, and bonding, including growing up in a household with caregivers struggling with substance disorders or instability due to parent or guardian separation or incarceration of a parent or guardian, sibling, or other member of the household, or exposure to community violence. The index shall provide information that allows for measuring progress, comparing school districts to the State average, and that enables the index to be updated at least every 2 years. The data shall be made publicly available. The initial development of the index should leverage available data. Personally identifiable information of any individual shall not be revealed within this index.(Source: P.A. 103-413, eff. 1-1-24.) (Text of Section from P.A. 103-463) Sec. 2-3.196. Clothing resource materials. By no later than July 1, 2024, the State Board of Education shall make available to schools resource materials developed in consultation with stakeholders regarding a student wearing or accessorizing the student's graduation attire with general items that may be used by the student to associate with, identify, or declare the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in subsection (Q) of Section 1-103 of the Illinois Human Rights Act. The State Board of Education shall make the resource materials available on its Internet website.(Source: P.A. 103-463, eff. 8-4-23.) (Text of Section from P.A. 103-472) (This Section may contain text from a Public Act with a delayed effective date) (Section scheduled to be repealed on July 1, 2029) Sec. 2-3.196. Discrimination, harassment, and retaliation reporting. (a) The requirements of this Section are subject to appropriation. (b) The State Board of Education shall build data collection systems to allow the collection of data on reported allegations of the conduct described in paragraph (1). Beginning on August 1 of the year after the systems are implemented and for each reporting school year beginning on August 1 and ending on July 31 thereafter, each school district, charter school, and nonpublic, nonsectarian elementary or secondary school shall disclose to the State Board of Education all of the following information: (1) The total number of reported allegations of | ||
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(A) sexual harassment; (B) discrimination or harassment on the basis of | ||
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(C) discrimination or harassment on the basis of | ||
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(D) discrimination or harassment on the basis of | ||
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(E) discrimination or harassment on the basis of | ||
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(F) retaliation. (2) The status of allegations, as of the last day of | ||
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Allegations shall be reported as unfounded, founded, | ||
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(c) A school district, charter school, or nonpublic, nonsectarian elementary or secondary school may not include in any disclosures required under this Section any information by which an individual may be personally identified, including the name of the victim or victims or those accused of an act of alleged discrimination, harassment, or retaliation. (d) If a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to disclose the information required in subsection (b) of this Section by July 31 of the reporting school year, the State Board of Education shall provide a written request for disclosure to the school district, charter school, or nonpublic, nonsectarian elementary or secondary school, thereby providing the period of time in which the required information must be disclosed. If a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to disclose the information within 14 days after receipt of that written request, the State Board of Education may petition the Department of Human Rights to initiate a charge of a civil rights violation pursuant to Section 5A-102 of the Illinois Human Rights Act. (e) The State Board of Education shall publish an annual report aggregating the information reported by school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools under subsection (b) of this Section. Data included in the report shall not be publicly attributed to any individual school district, charter school, or nonpublic, nonsectarian elementary or secondary school. The report shall include the number of incidents reported between August 1 and July 31 of the preceding reporting school year, based on each of the categories identified under paragraph (1) of this subsection (b). The annual report shall be filed with the Department of Human Rights and the General Assembly and made available to the public by July 1 of the year following the reporting school year. Data submitted by a school district, charter school, or nonpublic, nonsectarian elementary or secondary school to comply with this Section is confidential and exempt from the Freedom of Information Act. (f) The State Board of Education may adopt any rules deemed necessary for implementation of this Section. (g) This Section is repealed on July 1, 2029.(Source: P.A. 103-472, eff. 8-1-24.) (Text of Section from P.A. 103-546) Sec. 2-3.196. Mental health screenings. On or before December 15, 2023, the State Board of Education, in consultation with the Children's Behavioral Health Transformation Officer, Children's Behavioral Health Transformation Team, and the Office of the Governor, shall file a report with the Governor and the General Assembly that includes recommendations for implementation of mental health screenings in schools for students enrolled in kindergarten through grade 12. This report must include a landscape scan of current district-wide screenings, recommendations for screening tools, training for staff, and linkage and referral for identified students.(Source: P.A. 103-546, eff. 8-11-23.) |
(105 ILCS 5/2-3.197) Sec. 2-3.197. Imagination Library of Illinois; grant program.
To promote the development of a comprehensive statewide initiative for encouraging preschool age children to develop a love of reading and learning, the State Board of Education is authorized to develop, fund, support, promote, and operate the Imagination Library of Illinois Program, which is hereby established. For purposes of this Section, "State program" means the Imagination Library of Illinois Program. (a) State program funds shall be used to provide, through Dolly Parton's Imagination Library, one age-appropriate book, per month, to each registered child from birth to age 5 in participating counties. Books shall be sent monthly to each registered child's home at no cost to families. Subject to an annual appropriation, the State Board of Education shall contribute the State's matching funds per the cost-sharing framework established by Dolly Parton's Imagination Library for the State program. The State program shall contribute the 50% match of funds required of local programs participating in Dolly Parton's Imagination Library. Local program partners shall match the State program funds to provide the remaining 50% match of funds required by Dolly Parton's Imagination Library. (1) The Imagination Library of Illinois Fund is | ||
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(2) Moneys received under this Section are subject | ||
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(i) Moneys in the Fund shall be used to provide | ||
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(ii) Subject to availability, moneys in the | ||
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(iii) Moneys in the Fund may be used by the | ||
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(b) The State Board of Education shall coordinate with a nonprofit entity qualified under Section 501(c)(3) of the Internal Revenue Code to operate the State program. That organization must be organized solely to promote and encourage reading by the children of the State, for the purpose of implementing this Section. (c) The State Board of Education shall provide oversight of the nonprofit entity that operates the State program pursuant to subsection (b) to ensure the nonprofit entity does all of the following: (1) Promotes the statewide development of local Dolly | ||
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(2) Advances and strengthens local Dolly Parton's | ||
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(3) Develops community engagement. (4) Develops, promotes, and coordinates a public | ||
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(5) Administers the local match requirement and | ||
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(6) Develops statewide marketing and communication | ||
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(7) Solicits donations, gifts, and other funding | ||
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(8) Identifies and applies for available grant | ||
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(d) The State Board of Education shall make publicly available on an annual basis information regarding the number of local programs that exist, where the local programs are located, the number of children that are enrolled in the program, the number of books that have been provided, and those entities or organizations that serve as local partners. (e) The State Board of Education may adopt rules as may be needed for the administration of the Imagination Library of Illinois Program.
(Source: P.A. 103-8, eff. 6-7-23.) |
(105 ILCS 5/Art. 3 heading) ARTICLE 3.
REGIONAL
SUPERINTENDENT OF SCHOOLS
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(105 ILCS 5/3-0.01) (from Ch. 122, par. 3-0.01)
Sec. 3-0.01. "County superintendent of schools" and
"regional superintendent of schools" defined - Application of Article.
(a) Except as otherwise provided by subsection (b), after the
effective date of this amendatory Act of 1975, the chief administrative
officer of an educational service region shall be designated and referred
to as the "regional superintendent of schools" or the "regional
superintendent" and after the effective date of this amendatory Act of 1993
the office held by the chief administrative officer shall be designated and
referred to as the "regional office of education". For purposes of the School
Code and except as otherwise provided by subsection (b), any reference to
"county superintendent of schools" or "county superintendent" means the
regional superintendent of schools.
(b) Notwithstanding any other provisions of this Article, but subject to subsection (b-1), in educational service regions containing
2,000,000 or more inhabitants, the office of regional superintendent of schools
is abolished. Subject to Section 2-3.105 of this Code, all rights, powers, duties and responsibilities theretofore vested by
law in, and exercised and performed by the regional superintendent of schools
and by any assistant regional superintendents or other assistants or employees
in the office of the regional superintendent of schools being abolished shall be
vested in, exercised and performed by the chief administrative officer of the educational service centers established pursuant to Section 2-3.62 of this Code for any educational service region containing 2,000,000 or more inhabitants. Beginning on the effective date of this amendatory Act of the 96th General Assembly, in an educational service region
containing 2,000,000 or more inhabitants: (i) all books, records, maps, papers
and other documents belonging to or subject to the control or disposition of
the former regional superintendent of schools by virtue of his office shall be
transferred and delivered to the State Board of Education; (ii) possession or
control over all moneys, deposits and accounts in the possession or
subject to the control or disposition of the former regional superintendent
of schools by virtue of his office, including but not limited to
undistributed or unexpended moneys drawn from, and all amounts on deposit
in, the county, institute and supervisory expense funds, shall be
transferred to and placed under the control and disposition of the State Board
of Education, excepting only those moneys or accounts, if any, the source of
which is the county treasury, for proper redistribution to the educational service centers; and (iii) all other equipment, furnishings,
supplies and other personal property belonging to or subject to the control or
disposition of the former regional superintendent of schools by virtue of his
office, excepting only those items which were provided by the county board,
shall be transferred and delivered to the State Board of Education. Any reference in this Code to "regional superintendent of schools" or "regional superintendent", or
"county superintendent of schools" or "county superintendent" shall mean, with
respect to any educational service region containing 2,000,000 or more
inhabitants in which the office of regional superintendent of schools is
abolished, the chief administrative officer of the educational service centers established pursuant to Section 2-3.62 of this Code for the educational service region. Upon and after the first Monday of August 1995,
references in this Code and elsewhere to educational service regions of
2,000,000 or fewer inhabitants shall exclude any educational service region
containing a city of 500,000 or more inhabitants and references in this Code
and elsewhere to educational service regions of 2,000,000 or more inhabitants
shall mean an educational service region containing a city of 500,000 or more
inhabitants regardless of the actual population of the region.
(b-1) References to "regional superintendent" shall also include the chief administrative officer of the educational service centers established under Section 2-3.62 of this Code and
serving that portion of a Class
II county outside a city of 500,000 or more population.
(c) This Article applies to the regional superintendent of a multicounty
educational service region formed under Article 3A as well as to a single
county or partial county region, except that in case of conflict between
the provisions of this Article and of Article 3A in the case of a multicounty
region, the provisions of Article 3A shall apply. Any reference to "county" or
to "educational service region" in this Article means a regional office of
education.
(Source: P.A. 98-647, eff. 6-13-14.)
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(105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
Sec. 3-1. Election; eligibility. Quadrennially there shall be
elected in every county, except those which have been consolidated into
a multicounty educational service region under Article 3A and except
those having a population of 2,000,000 or more inhabitants, a regional
superintendent of schools, who shall enter
upon the discharge of his duties on the first Monday of August next after
his election; provided, however, that the term of office of each regional
superintendent of schools in office on June 30, 2003
is terminated on
July 1, 2003, except that an incumbent regional
superintendent of schools
shall continue to serve until his successor is elected and qualified, and each
regional superintendent of schools elected at the general election in 2002 and
every four years thereafter shall assume office on the first day of July
next after his election. No one is eligible to file his petition at any
primary election for the nomination
as candidate for the office of regional superintendent of schools nor to
enter upon the duties of such office either by election or appointment
unless he possesses the following qualifications: (1) he is of good
character, (2) he has a master's degree, (3) he has earned at least 20
semester hours of credit in professional education at the graduate
level, (4) he holds a valid all grade supervisory license, a valid
State limited supervisory license, a valid state life supervisory
license, or a valid administrative license, (5) he has had at least
4 years experience in teaching, and (6) he was engaged for at least 2 years
of the 4 previous years in full time teaching or supervising in the common
public schools or serving as a county superintendent of schools or regional
superintendent of schools for an educational service region in the State of
Illinois.
No petition of any candidate for nomination for the office of regional
superintendent of schools may be filed and no such candidate's name may be
placed on a primary or general election ballot, unless such candidate files
as part of his petition a certificate from the State Board of Education
certifying that from the records of its office such candidate has the
qualifications required by this Section; however, any incumbent filing his
petition for nomination for a succeeding term of office shall not be
required to attach such certificate to his petition of candidacy.
Nomination papers filed under this Section are not valid unless the
candidate named therein files with the county clerk or State Board of
Elections 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 nomination papers were filed or
within the period for the filing of nomination papers in accordance with
the general election law.
The changes in qualifications made by Public Act 76-1563 do not affect
the right of an incumbent to seek reelection.
On and after July 1, 1994, the provisions of this Section shall have
no application in any educational service region having a population of
2,000,000 or more inhabitants; provided further that no election shall be
held in November of 1994 or at any other time after July 1, 1992 for the office
of regional superintendent of schools in any county or educational service
region having a population of 2,000,000 or more inhabitants.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/3-1.1) (from Ch. 122, par. 3-1.1)
Sec. 3-1.1.
Eligible voters.
Whenever a unit school district is located
in
more than one educational service region, a qualified
elector residing in
that unit school district but outside of the educational service region
administered by the regional superintendent of schools having supervision and
control over that unit school district shall be eligible to vote in any election held to
elect the regional superintendent of schools of the educational service
region that is administered by the regional superintendent of schools who has
supervision and control over that unit school
district, but the elector shall not also be
eligible to vote in the
election held to elect the regional superintendent of schools of the
educational service region in which the elector resides.
Not less than 100 days before each general primary election, the regional
superintendent of schools shall certify to the State Board of Elections a list
of each unit school district under his or her supervision and control and each
county in which all or any part of each of those districts is located. The
State
Board of
Elections shall certify each of those unit school districts and counties to the
appropriate election authorities within 20 days after receiving the list
certified by the regional superintendent of schools.
The election authority in a single county educational service region whose
regional superintendent of schools exercises supervision and control over a
unit school district that is located in that single county educational service
region and in one or more other educational service regions shall certify to
the
election authority of each of those other educational service regions in which
the unit school district is located the candidates for the office of the
regional superintendent of schools exercising supervision and control over that
unit school district.
(Source: P.A. 87-328; 88-535.)
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(105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
Sec. 3-2.
Oath of office - Bond - Salary.
Before entering upon
his or her duties a regional superintendent of schools shall take
and subscribe the oath prescribed by the Constitution and execute a bond
payable to the People of the State of Illinois with 2 or more responsible
persons having an interest in real estate as sureties (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding), to be approved by the county board in a penalty of not less than
$100,000, conditioned upon the faithful discharge of his or her duties and upon
the delivery to his or her successor in office of all monies, books, papers and
property in his or her custody as such regional superintendent of schools.
This bond shall be filed in the office of the county clerk, and action
upon it may be maintained by any corporate body interested, for the benefit
of any township or fund injured by any breach of its condition.
If any vacancy in the office of regional superintendent of schools
occurs, such vacancy shall be filled in the manner provided by Section 3A-6.
Regional Superintendents of Schools shall receive the salary provided by
Section 3-2.5.
On and after July 1, 1994, the provisions of this Section shall have no
application in any educational service region having a population of
2,000,000 or more inhabitants.
(Source: P.A. 88-387; 89-233, eff. 1-1-96.)
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(105 ILCS 5/3-2.5)
Sec. 3-2.5. Salaries.
(a) Except as otherwise provided in this Section, the
regional superintendents of schools shall receive for their services an annual
salary according to the population, as determined by the last preceding federal
census, of the region they serve, as set out in the following schedule:
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Beginning July 1, 2023, all regional superintendents of schools shall receive the same salary regardless of the population of the region they serve. The salary shall be equal to the middle annual salary tier. The changes made by Public Act 86-98 in the annual salary that the
regional superintendents of schools shall receive for their services shall
apply to the annual salary received by the regional superintendents of
schools during each of their elected terms of office that
commence after
July 26, 1989 and before the first Monday of August, 1995.
The changes made by Public Act 89-225 in the annual salary that
regional superintendents of schools shall receive for their services shall
apply to the annual salary received by the regional superintendents of schools
during their elected terms of office that
commence after August 4,
1995 and end on August 1, 1999.
The changes made by this amendatory Act of the 91st General Assembly in the
annual salary that the regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the regional
superintendents of schools during each of their elected terms of office that
commence on or after August 2, 1999.
Beginning July 1, 2000, the salary that the regional superintendent
of schools receives for his or her services shall be adjusted annually to
reflect the percentage increase, if any, in the most recent Consumer Price
Index, as defined and officially reported by the United States Department of
Labor, Bureau of Labor Statistics, except that no annual increment may exceed
2.9%. If the percentage of change in the
Consumer Price Index is a percentage decrease, the salary that the regional
superintendent of schools receives shall not be adjusted for that year.
When regional superintendents are authorized by the School Code to
appoint assistant regional superintendents, the assistant regional
superintendent shall receive an annual salary based on his or her
qualifications and computed as a percentage of the salary of the
regional superintendent to whom he or she is assistant, as set out in the
following schedule:
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However, in any region in which the appointment of more than one
assistant regional superintendent is authorized, whether by Section
3-15.10 of this Code or otherwise, not more than one assistant may
be compensated at the 90% rate and any other assistant shall be paid at
not exceeding the 75% rate, in each case depending on the qualifications
of the assistant.
The salaries provided in this Section plus an amount for other employment-related compensation or benefits for regional superintendents
and assistant regional superintendents are payable monthly by the State Board of Education out of the Personal Property Tax Replacement Fund through a specific appropriation to that effect in the State Board of Education budget. The State Comptroller in making his or her warrant to
any county for the amount due it from the Personal Property Tax Replacement Fund shall deduct
from it the several amounts for which warrants have been issued to the
regional superintendent, and any assistant regional superintendent, of
the educational service region encompassing the county since the
preceding apportionment from the Personal Property Tax Replacement Fund.
County boards may provide for additional compensation for the
regional superintendent or the assistant regional superintendents, or
for each of them, to be paid quarterly from the county treasury.
(b) (Blank).
(c) If the State pays all or any portion of the employee contributions
required under Section 16-152 of the Illinois Pension Code for employees of the
State Board of Education, it shall also, subject to appropriation in the State Board of Education budget for such payments to Regional Superintendents and Assistant Regional Superintendents, pay the employee contributions required
of regional superintendents of schools and assistant regional superintendents
of schools on the same basis, but excluding any contributions based on
compensation that is paid by the county rather than the State.
This subsection (c) applies to contributions based on payments of salary
earned after the effective date of this amendatory Act of the 91st General
Assembly, except that in the case of an elected regional superintendent of
schools, this subsection does not apply to contributions based on payments of
salary earned during a term of office that commenced before the effective date
of this amendatory Act.
(d) References to "regional superintendent" in this Section shall also include the chief administrative officer of the educational service centers established under Section 2-3.62 of this Code and serving that portion of a Class II county school unit outside of a city with a population of 500,000 or more inhabitants. References to "assistant regional superintendent" in this Section shall include one assistant appointed by the chief administrative officer of the educational service centers established under Section 2-3.62 of this Code and serving that portion of a Class II county school unit outside of a city with a population of 500,000 or more inhabitants. For the purposes of calculating regional superintendent and assistant regional superintendent salaries for educational service centers established under Section 2-3.62 of this Code, populations shall be established by subtracting from the total county population the population of a city with 500,000 or more inhabitants, divided by the number of educational service centers in the county. (Source: P.A. 103-110, eff. 6-29-23.)
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(105 ILCS 5/3-3)
Sec. 3-3. (Repealed).
(Source: P.A. 87-1251. Repealed by P.A. 103-110, eff. 6-29-23.)
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(105 ILCS 5/3-5) (from Ch. 122, par. 3-5)
Sec. 3-5.
Report of official acts.
The county superintendent shall present under oath or affirmation to the
county board at its meeting in September and as nearly quarterly thereafter
as it may have regular or special meetings, a report of all his acts as
county superintendent, including a list of all the schools visited with the
dates of visitation.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-6) (from Ch. 122, par. 3-6)
Sec. 3-6.
Financial report - Presentation of books and vouchers for
inspection. The regional superintendent shall report, in writing, to the
county board, on or before January 1 of each year, stating, (1) the
balance on hand at the time of the last report, and all receipts since
that date, with the sources from which they were derived; (2) the amount
distributed to each of the school treasurers in his county; (3) any
balance on hand. At the same time he shall present for inspection his
books and vouchers for all expenditures, and submit in writing a
statement of the condition of the institute fund and of any other funds
in his care, custody or control.
(Source: P.A. 81-624.)
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(105 ILCS 5/3-6.1) (from Ch. 122, par. 3-6.1)
Sec. 3-6.1.
Presentation of records for financial audit.
Each
regional superintendent of schools, whether for a multicounty or for a
single county educational service region, shall present for inspection or
otherwise make available to the Auditor General, or to the agents
designated by the Auditor General, all financial statements,
books, vouchers and
other records required to be so presented or made available pursuant to
Section 2-3.17a and the rules and regulations of the
Auditor General pursuant to that Section.
(Source: P.A. 92-544, eff. 6-12-02.)
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(105 ILCS 5/3-7) (from Ch. 122, par. 3-7)
Sec. 3-7.
Failure to prepare and forward information.
If the trustees of schools of any township in Class II county school
units, or any school district which forms a part of a Class II county
school unit but which is not subject to the jurisdiction of the trustees of
schools of any township in which such district is located, or any
school district in any Class I county school units fail to
prepare and forward or cause to be prepared and forwarded to the regional
superintendent of schools, reports required by this Act, the regional
superintendent of schools shall furnish such information or he shall
employ a person or persons to furnish such information, as far as
practicable. Such person shall have access to the books, records and
papers of the school district to enable him or them to prepare such
reports, and the school district shall permit such person or persons to
examine such books, records and papers at such time and such place as
such person or persons may desire for the purpose aforesaid. For such
services the regional superintendent of schools shall bill the district an
amount to cover the cost of preparation of such reports if he employs a
person to prepare such reports.
Each school district shall, as of June 30 of each year, cause an audit
of its accounts to be made by a person lawfully qualified to practice
public accounting as regulated by the Illinois Public Accounting Act. Such
audit shall include financial statements of the district applicable to the
type of records required by other sections of this Act and in addition
shall set forth the scope of audit and shall include the professional
opinion signed by the auditor, or if such an opinion is denied by the
auditor, shall set forth the reasons for such denial. Each school district
shall on or before October 15 of each year, submit an original and one copy
of such audit to the regional superintendent of schools in the educational
service region having jurisdiction in which case the regional
superintendent of schools shall be relieved of responsibility in regard to
the accounts of the school district. If any school district fails to supply
the regional superintendent of schools with a copy of such audit report on
or before October 15, or within such time extended by the regional
superintendent of schools from that date, not to exceed 60 days, then it
shall be the responsibility of the regional superintendent of schools
having jurisdiction to cause such audit to be made by employing an
accountant licensed to practice in the State of Illinois to conduct such
audit and shall bill the district for such services, or shall with the
personnel of his office make such audit to his satisfaction and bill the
district for such service. In the latter case, if the audit is made by
personnel employed in the office of the regional superintendent of schools
having jurisdiction, then the regional superintendent of schools shall not
be relieved of the responsibility as to the accountability of the school
district. The copy of the audit shall be forwarded by the regional
superintendent to the State Board of Education on or before November 15 of
each year and shall be filed by the State Board of Education.
Each school district that is the administrative district for several
school districts operating under a joint agreement as authorized by this
Act shall, as of June 30 each year, cause an audit of the accounts of the
joint agreement to be made by a person lawfully qualified to practice
public accounting as regulated by the Illinois Public Accounting Act. Such
audit shall include financial statements of the operation of the joint
agreement applicable to the type of records required by this Act and, in
addition, shall set forth the scope of the audit and shall include the
professional opinion signed by the auditor, or if such an opinion is
denied, the auditor shall set forth the reason for such denial. Each
administrative district of a joint agreement shall on or before October 15
each year, submit an original and one copy of such audit to the regional
superintendent of schools in the educational service region having
jurisdiction in which case the regional superintendent of schools shall be
relieved of responsibility in regard to the accounts of the joint
agreement. The copy of the audit shall be forwarded by the regional
superintendent to the State Board of Education on or before November 15 of
each year and shall be filed by the State Board of Education. The cost of
such an audit shall be apportioned among and paid by the several districts
who are parties to the joint agreement, in the same manner as
other costs and expenses accruing to the districts jointly.
The State Board of Education shall determine the adequacy
of the audits. All audits shall be kept on file in the office of the
State Board of Education.
(Source: P.A. 86-1441; 87-473.)
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(105 ILCS 5/3-8) (from Ch. 122, par. 3-8)
Sec. 3-8.
School treasurer's bond - Duties of regional superintendent.
Whenever the bond of any school treasurer, approved by the trustees
of schools or school board as required by law, is filed with the regional
superintendent of schools, he shall carefully examine it, and if it is
found to be in all respects according to law, and the sureties
sufficient, he shall endorse his approval thereon, and file it with the
papers of his office; but if the bond is in any respect defective, or if
the penalty is or sureties are insufficient, he shall return it for
correction. When the bond has been received and filed, the
superintendent shall, on demand, deliver to the school treasurer a
written statement certifying that his bond has been approved and filed
and that the school treasurer is entitled to the care and custody, on
demand, of all moneys and securities belonging to the township or
district for which he is treasurer and all books and papers pertaining
to his office. The regional superintendent of schools shall file with the
State Board of Education before September 1 in each year an
affidavit showing which treasurers of school districts under his
supervision and control are properly bonded.
(Source: P.A. 81-1508.)
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(105 ILCS 5/3-9) (from Ch. 122, par. 3-9)
Sec. 3-9. School funds; apportionment and payment. Whenever the regional
superintendent receives amounts due to local school districts,
the regional superintendent shall apportion and distribute the moneys to the
appropriate local school districts as directed. No part of the State or
other school funding,
however, shall be paid to any school treasurer or other persons authorized to
receive it unless such treasurer has filed the required bond, or if
reelected, has
renewed the bond and filed it as required by law.
(Source: P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-9.1) (from Ch. 122, par. 3-9.1)
Sec. 3-9.1.
Investment of funds.
Funds of the educational service
region are public funds within the meaning of the Public Funds Investment
Act and may be invested by the educational service region as provided in
that Act, except as otherwise provided in this Code.
Any educational service region, with the approval of its regional
superintendent of schools, is authorized to enter into agreements of any
definite or indefinite term regarding the deposit, redeposit, investment,
reinvestment or withdrawal of educational service region funds, including,
without limitation, agreements with other educational service regions,
agreements with community college districts authorized by Section 3-47
of the Public Community College Act and agreements with township and school
treasurers authorized by Section 8-7 of this Code.
Each educational service region is permitted to (i) combine moneys of the
educational service region for the purpose of investing the moneys and
(ii) join with other educational service regions, community
college districts, and township and school treasurers in investing
educational service region funds, community college funds and school funds.
Those joint investments shall be made only in investments authorized by law
for the investment of educational service region funds or, in the case of
investments made jointly with community colleges and school and township
treasurers, in investments authorized by law for the investment of
educational service region funds, community college funds and school funds.
When moneys of more than one fund of a single educational service region
are combined for investment purposes or when moneys of an educational
service region are combined with moneys of other educational service
regions or moneys of community college districts and school districts, the
moneys combined for that purpose shall be accounted for separately in all
respects, and the earnings from that investment shall be separately and
individually computed and recorded, and credited to the fund or educational
service region, community college district or school district, as the case
may be, for which the investment was acquired.
(Source: P.A. 87-968; 88-641, eff. 9-9-94.)
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(105 ILCS 5/3-9.5)
Sec. 3-9.5.
Interfund loans allowed.
A regional office of education
is allowed to make interfund loans. If a regional office of education makes an
interfund loan, then it must
repay the loan by the end of the fiscal year.
(Source: P.A. 92-169, eff. 1-1-02.)
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(105 ILCS 5/3-10) (from Ch. 122, par. 3-10)
Sec. 3-10.
Controversies - opinion and advice - Appeal.
In all controversies arising under the school law, the opinion and
advice of the regional superintendent shall first be sought, whence appeal
may be taken upon a written statement of facts certified by the regional
superintendent to the State Board of Education.
(Source: P.A. 81-1508.)
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(105 ILCS 5/3-11) (from Ch. 122, par. 3-11) (Text of Section from P.A. 99-616) Sec. 3-11. Institutes or inservice training workshops. In counties of less than 2,000,000 inhabitants, the regional superintendent may arrange for or conduct district, regional, or county institutes, or equivalent professional educational experiences, not more than 4 days annually. Of those 4 days, 2 days may be used as a teacher's and educational support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d. Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of its 4 institute days on the last day of the school term. "Institute" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an institute day, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, he or she may employ such assistance as is necessary to conduct the institute. Two or more adjoining counties may jointly hold an institute. Institute instruction shall be free to holders of licenses good in the county or counties holding the institute and to those who have paid an examination fee and failed to receive a license. In counties of 2,000,000 or more inhabitants, the regional superintendent may arrange for or conduct district, regional, or county inservice training workshops, or equivalent professional educational experiences, not more than 4 days annually. Of those 4 days, 2 days may be used as a teacher's and educational support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d. Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of those 4 days on the last day of the school term. "Inservice Training Workshops" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an inservice training workshop, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, he may employ such assistance as is necessary to conduct the inservice training workshop. With the approval of the regional superintendent, 2 or more adjoining districts may jointly hold an inservice training workshop. In addition, with the approval of the regional superintendent, one district may conduct its own inservice training workshop with subject matter consultants requested from the county, State or any State institution of higher learning. Such teachers institutes as referred to in this Section may be held on consecutive or separate days at the option of the regional superintendent having jurisdiction thereof. Whenever reference is made in this Act to "teachers institute", it shall be construed to include the inservice training workshops or equivalent professional educational experiences provided for in this Section. Any institute advisory committee existing on April 1, 1995, is dissolved and the duties and responsibilities of the institute advisory committee are assumed by the regional office of education advisory board. Districts providing inservice training programs shall constitute inservice committees, 1/2 of which shall be teachers, 1/4 school service personnel and 1/4 administrators to establish program content and schedules. The teachers institutes shall include teacher training committed to (i) peer counseling programs and other anti-violence and conflict resolution programs, including without limitation programs for preventing at risk students from committing violent acts, and (ii) educator ethics and teacher-student conduct. Beginning with the 2009-2010 school year, the teachers institutes shall include instruction on prevalent student chronic health conditions. Beginning with the 2016-2017 school year, the teachers institutes shall include, at least once every 2 years, instruction on the federal Americans with Disabilities Act as it pertains to the school environment. (Source: P.A. 99-30, eff. 7-10-15; 99-616, eff. 7-22-16.) (Text of Section from P.A. 103-413) Sec. 3-11. Institutes or inservice training workshops. (a) In counties of less than 2,000,000 inhabitants, the regional superintendent may arrange for or conduct district, regional, or county institutes, or equivalent professional educational experiences, not more than 4 days annually. Of those 4 days, 2 days may be used as a teacher's and educational support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d. Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of its 4 institute days on the last day of the school term. "Institute" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an institute day, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, he or she may employ such assistance as is necessary to conduct the institute. Two or more adjoining counties may jointly hold an institute. Institute instruction shall be free to holders of licenses good in the county or counties holding the institute and to those who have paid an examination fee and failed to receive a license. In counties of 2,000,000 or more inhabitants, the regional superintendent may arrange for or conduct district, regional, or county inservice training workshops, or equivalent professional educational experiences, not more than 4 days annually. Of those 4 days, 2 days may be used as a teacher's and educational support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d. Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of those 4 days on the last day of the school term. "Inservice Training Workshops" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an inservice training workshop, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, he may employ such assistance as is necessary to conduct the inservice training workshop. With the approval of the regional superintendent, 2 or more adjoining districts may jointly hold an inservice training workshop. In addition, with the approval of the regional superintendent, one district may conduct its own inservice training workshop with subject matter consultants requested from the county, State or any State institution of higher learning. Such teachers institutes as referred to in this Section may be held on consecutive or separate days at the option of the regional superintendent having jurisdiction thereof. Whenever reference is made in this Act to "teachers institute", it shall be construed to include the inservice training workshops or equivalent professional educational experiences provided for in this Section. Any institute advisory committee existing on April 1, 1995, is dissolved and the duties and responsibilities of the institute advisory committee are assumed by the regional office of education advisory board. Districts providing inservice training programs shall constitute inservice committees, 1/2 of which shall be teachers, 1/4 school service personnel and 1/4 administrators to establish program content and schedules. The teachers institutes shall include teacher training committed to (i) peer counseling programs and other anti-violence and conflict resolution programs, including without limitation programs for preventing at risk students from committing violent acts, and (ii) educator ethics and teacher-student conduct. Beginning with the 2009-2010 school year, the teachers institutes shall include instruction on prevalent student chronic health conditions. Beginning with the 2016-2017 school year, the teachers institutes shall include, at least once every 2 years, instruction on the federal Americans with Disabilities Act as it pertains to the school environment. (b) In this subsection (b): "Trauma" is defined according to an event, an experience, and effects. Individual trauma results from an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or life threatening and that has lasting adverse effects on the individual's functioning and mental, physical, social, or emotional well-being. Collective trauma is a psychological reaction to a traumatic event shared by any group of people. This may include, but is not limited to, community violence, experiencing racism and discrimination, and the lack of the essential supports for well-being, such as educational or economic opportunities, food, health care, housing, and community cohesion. Trauma can be experienced by anyone, though it is disproportionately experienced by members of marginalized groups. Systemic and historical oppression, such as racism, is often at the root of this inequity. Symptoms may vary at different developmental stages and across different cultural groups and different communities. "Trauma-responsive learning environments" means learning environments developed during an ongoing, multiyear-long process that typically progresses across the following 3 stages: (1) A school or district is "trauma aware" when it: (A) has personnel that demonstrate a foundational | ||
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"Whole child" means using a child-centered, holistic, equitable lens across all systems that prioritizes physical, mental, and social-emotional health to ensure that every child is healthy, safe, supported, challenged, engaged, and protected. Starting with the 2024-2025 school year, the teachers institutes shall provide instruction on trauma-informed practices and include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in this subsection (b) before the first student attendance day of each school year. (Source: P.A. 103-413, eff. 1-1-24.) (Text of Section from P.A. 103-542) Sec. 3-11. Institutes or inservice training workshops. In counties of less than 2,000,000 inhabitants, the regional superintendent may arrange for or conduct district, regional, or county institutes, or equivalent professional educational experiences, not more than 4 days annually. Of those 4 days, 2 days may be used as a teachers, administrators, and school support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d. School support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of its 4 institute days on the last day of the school term. "Institute" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an institute day, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, the regional superintendent may employ such assistance as is necessary to conduct the institute. Two or more adjoining counties may jointly hold an institute. Institute instruction shall be free to holders of licenses good in the county or counties holding the institute and to those who have paid an examination fee and failed to receive a license. In counties of 2,000,000 or more inhabitants, the regional superintendent may arrange for or conduct district, regional, or county inservice training workshops, or equivalent professional educational experiences, not more than 4 days annually. Of those 4 days, 2 days may be used as a teachers, administrators, and school support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d. School support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of those 4 days on the last day of the school term. "Inservice Training Workshops" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by the regional superintendent to be an inservice training workshop, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, the regional superintendent may employ such assistance as is necessary to conduct the inservice training workshop. With the approval of the regional superintendent, 2 or more adjoining districts may jointly hold an inservice training workshop. In addition, with the approval of the regional superintendent, one district may conduct its own inservice training workshop with subject matter consultants requested from the county, State or any State institution of higher learning. Such institutes as referred to in this Section may be held on consecutive or separate days at the option of the regional superintendent having jurisdiction thereof. Whenever reference is made in this Act to "institute", it shall be construed to include the inservice training workshops or equivalent professional educational experiences provided for in this Section. Any institute advisory committee existing on April 1, 1995, is dissolved and the duties and responsibilities of the institute advisory committee are assumed by the regional office of education advisory board. Districts providing inservice training programs shall constitute inservice committees, 1/2 of which shall be teachers, 1/4 school service personnel and 1/4 administrators to establish program content and schedules. In addition to other topics not listed in this Section, the teachers institutes may include training committed to health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. Institute programs in these topics shall be credited toward hours of professional development required for license renewal as outlined in subsection (e) of Section 21B-45. (Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/3-11.5)
Sec. 3-11.5. (Repealed).
(Source: P.A. 97-607, eff. 8-26-11. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/3-12) (from Ch. 122, par. 3-12)
Sec. 3-12. Institute fund. (a) All license
registration fees and
a portion of renewal and duplicate fees
shall be kept by the regional superintendent as described in Section 21-16 or 21B-40 of
this Code, together with a record of the
names of the persons paying them. Such fees shall be deposited
into the institute fund and
shall be used by the regional superintendent
to defray expenses associated with the
work of
the regional professional development review committees established pursuant to
paragraph (2) of subsection (g) of Section 21-14 of this Code to advise the
regional
superintendent, upon his or her request, and to hear appeals relating to the
renewal of
teaching licenses, in accordance with Section 21-14 of this Code; to defray
expenses
connected with improving the technology necessary for the efficient processing
of
licenses; to defray all costs associated with the administration of teaching licenses;
to defray expenses incidental to
teachers' institutes,
workshops or meetings of a professional nature that are designed to promote the
professional growth of teachers or for the purpose of defraying the expense of
any general or special meeting of teachers or school personnel of the region,
which has been approved by the regional superintendent.
(b) In addition to the use of moneys in the institute fund to defray expenses under subsection (a) of this Section, the State Superintendent of Education, as authorized under Section 2-3.105 of this Code, shall use moneys in the institute fund to defray all costs associated with the administration of teaching licenses within a city having a population exceeding 500,000.
Moneys in the institute fund may also be used by the State Superintendent of Education to support educator recruitment and retention programs within a city having a population exceeding 500,000, to support educator preparation programs within a city having a population exceeding 500,000 as those programs seek national accreditation, and to provide professional development aligned with the requirements set forth in Section 21B-45 of this Code within a city having a population exceeding 500,000. A majority of the moneys in the institute fund must be dedicated to the timely and efficient processing of applications and for the renewal of licenses. (c) The regional superintendent shall on or before January 1 of each year post on the regional office of education's website
(1) the balance on hand in the institute fund at the beginning of the
previous year; (2) all receipts within the previous year deposited in the
fund, with the sources from which they were derived; (3) the amount
distributed from the fund and the purposes for which such distributions
were made; and (4) the balance on hand in the fund.
(Source: P.A. 103-110, eff. 6-29-23.)
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(105 ILCS 5/3-13) (from Ch. 122, par. 3-13)
Sec. 3-13.
Truant officer - Duties.
Each county superintendent of schools
shall appoint a county truant officer. Such appointee shall receive such
compensation as may be fixed by the county board, together with his necessary
traveling expenses, to be paid out of the county treasury. He shall file his
acceptance with the county clerk and shall take and subscribe an oath of
office. He shall perform the duties of truant officer in all the school
districts of the county; provided, that the school board in any school district
may appoint one or more truant officers and fix his or their compensation,
which shall be paid by the district.
The county superintendent of schools shall furnish the county truant
officer, at the opening of the schools, with a list of the teachers and
superintendents employed in his county other than in school districts that
employ truant officers.
(Source: P.A. 88-50.)
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(105 ILCS 5/3-13.5) Sec. 3-13.5. (Repealed).
(Source: P.A. 96-798, eff. 10-28-09. Repealed internally, eff. 8-2-10.) |
(105 ILCS 5/3-14) (from Ch. 122, par. 3-14)
Sec. 3-14.
Duties of regional superintendent.
The regional superintendent
of schools shall perform the duties enumerated in the following Sections
preceding Section 3-15.
(Source: P.A. 93-404, eff. 8-1-03.)
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(105 ILCS 5/3-14.1) (from Ch. 122, par. 3-14.1)
Sec. 3-14.1.
New bond.
To execute, upon notice by the county board, a new
bond, conditioned and approved as the first bond.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-14.2) (from Ch. 122, par. 3-14.2)
Sec. 3-14.2. Supervision and control of school districts. Except in regions established within that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants, the county superintendent of schools shall exercise supervision and
control over all school districts within the county. If a district is
divided by a county line or lines the county superintendent in the
county where the majority of the children attend school
at the time the district is organized
shall exercise supervision and control over all aspects of
supervision, reports, and financial accounting of the district
until it has been determined by the State Superintendent of Education that
60 per cent of the children attend school in another county or that a majority
of the children have attended a school in another county for three
consecutive years and the school board has adopted a resolution requesting
the supervision and control be transferred to the county superintendent
in the county in which the majority of children attend school.
The county superintendent under
whose direction a school district has been established shall retain
supervision and control until July 1 following the date of the election
establishing the district. Whenever a change in supervision and control
shall result from a change in school district boundaries, population
shifts, or other cause, such change in supervision and control shall not
be effective until July 1 following the date of its determination. All
references to the county superintendent of schools, in relation to
school districts, in this Act shall be interpreted to mean the county
superintendent of schools having supervision and control of the district
or districts as defined in this Section.
(Source: P.A. 96-893, eff. 7-1-10.)
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(105 ILCS 5/3-14.3) (from Ch. 122, par. 3-14.3)
Sec. 3-14.3. Township fund lands. To sell township fund lands, issue certificates of purchase, report to
the county board and the Secretary of State in the manner provided in Article 15
of this Code, and perform all other duties pertaining thereto.
(Source: P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.4)
Sec. 3-14.4. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.5)
Sec. 3-14.5. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.6) (from Ch. 122, par. 3-14.6)
Sec. 3-14.6.
Directions to teacher and school officers.
To give teachers and school officers such directions in the science, art
and methods of teaching, and in regard to courses of study, as he deems
expedient.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-14.7) (from Ch. 122, par. 3-14.7)
Sec. 3-14.7.
Official adviser and assistant of school officers and
teachers. To act as the official adviser and assistant of the school officers
and teachers in his region. In the performance of this duty he shall
carry out the advice of the State Board of Education.
(Source: P.A. 81-1508.)
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(105 ILCS 5/3-14.8) (from Ch. 122, par. 3-14.8)
Sec. 3-14.8.
Teachers' institute and other meetings.
To conduct a
teachers' institute, to insure that instruction in the warning signs of
suicidal behavior in adolescents and teens and intervention techniques are
offered at such an institute, to aid and encourage the formation of other
teachers' meetings, and to assist in their management.
(Source: P.A. 85-297.)
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(105 ILCS 5/3-14.9) (from Ch. 122, par. 3-14.9)
Sec. 3-14.9.
Elevation of standard of teaching - Improvement of schools.
To labor in every practicable way to elevate the standard of teaching
and improve the condition of the common schools of his county.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-14.11)
Sec. 3-14.11. (Repealed).
(Source: P.A. 87-473. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.12) (from Ch. 122, par. 3-14.12)
Sec. 3-14.12. Examine evidences of indebtedness. In Class II county school units with respect to townships wherein trustees of schools maintain jurisdiction and in which township funds have not heretofore been liquidated and distributed, to examine all notes, bonds, mortgages, and other evidences of
indebtedness which the township or school treasurer holds officially with respect to such fund or funds, and
if he or she
finds that the papers are not in proper form or that the securities
are insufficient, he or she shall so state, in writing, to the
trustees of schools or school board.
(Source: P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.15) (from Ch. 122, par. 3-14.15)
Sec. 3-14.15.
Returns, reports, statements.
To file and
keep all the returns of elections required to be returned
to him and the reports and statements returned by school treasurers and
trustees of schools.
(Source: P.A. 81-1490.)
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(105 ILCS 5/3-14.16) (from Ch. 122, par. 3-14.16)
Sec. 3-14.16.
Census.
To take a special census of a school district when
petitioned by 10% or 1,500 legal voters, whichever is less, to determine
if such district has the proper type of school board, either of directors
or a board of education, required by this Act. The expense of such census
shall be a school district expense. If such census shows that the proper
type of board does not exist, then such regional superintendent shall
immediately notify the school district and certify to the proper election
authorities that an election shall be held at the time next provided
for the regular election of school district officers and in the manner provided
by the general election law to select an entirely new board of the type
legally required. The length of term of each of the members of the new board
shall be determined in the manner provided for such type of board in this Act.
(Source: P.A. 81-1490.)
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(105 ILCS 5/3-14.17) (from Ch. 122, par. 3-14.17)
Sec. 3-14.17.
Notice of amount of money distributed.
To notify the presidents of boards of trustees and the clerks and
secretaries of school districts, on or before September 30, annually, of
the amount of money distributed by him to the school treasurer, with the
date of distribution.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-14.18) (from Ch. 122, par. 3-14.18)
Sec. 3-14.18.
Map - Numbering of districts.
To keep in his office a map of his county on a scale of not less than
two inches to the mile and to indicate thereon the boundary lines and
numbers of all school districts. Districts shall be numbered consecutively.
If a new district composed of parts of two or more counties is formed, the
county superintendents of such counties shall agree upon a number by which
the district shall be designated, which number shall not be a duplicate of
any number in either of such counties.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-14.19)
Sec. 3-14.19. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.20)
(from Ch. 122, par. 3-14.20)
Sec. 3-14.20. Building plans and specifications. To inspect the building
plans and specifications, including but not limited to plans and specifications
for the heating, ventilating, lighting, seating, water supply, toilets and
safety against fire of public school rooms and buildings submitted to him by
school boards, and to approve all those which comply substantially with the
building code authorized in Section 2-3.12.
If a municipality or,
in the
case of an unincorporated area, a county or, if applicable, a fire
protection district wishes to be notified of plans and specifications received
by a regional office of education for any future
construction or alteration of a public school facility located within that
entity's
jurisdiction, then the entity must register this wish with the regional
superintendent of schools. Within 10 days after the regional superintendent of
schools receives the
plans and specifications from a school board and prior to the bidding process,
he or she shall notify, in writing, the registered municipality and, if
applicable, the
registered fire protection district where the school that is being
constructed or altered lies that plans
and
specifications have been received. In the case of an unincorporated area, the
registered county
shall be notified. If the municipality, fire protection district, or county
requests a review of
the plans and specifications, then the school board shall submit a copy of the
plans and
specifications. The municipality and, if applicable, the fire protection
district or the county
may comment in writing on the plans and specifications based on the building
code
authorized in Section 2-3.12, referencing the specific code where a discrepancy
has been
identified, and respond back to the regional superintendent of schools within
15 days
after a copy of the plans and specifications have been received or, if needed
for plan review, such additional time
as agreed to by the regional superintendent of
schools. This review must be at no cost to the school district.
If
such plans and
specifications
are not approved or denied approval by the regional superintendent of schools
within 3 months after the date on which they are submitted to him or her, the
school board may submit such plans and specifications directly to the State
Superintendent of Education for approval or denial.
(Source: P.A. 94-225, eff. 7-14-05.)
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(105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
Sec. 3-14.21. Inspection of schools.
(a) The regional superintendent shall inspect and survey all
public
schools under his or her supervision and notify the board of education, or the
trustees of schools in a district with trustees, in writing before July 30,
whether or not the several schools in their district have been kept as required
by law, using forms provided by the State Board of Education which are based on
the Health/Life Safety Code for Public Schools adopted under Section 2-3.12. The regional
superintendent shall report his or her findings to the State Board of
Education on
forms provided by the State Board of Education.
(b) If the regional superintendent determines that a school board has
failed in a timely manner to correct urgent items identified in a previous
life-safety report completed under Section 2-3.12 or as otherwise previously
ordered by the regional superintendent, the regional superintendent shall order
the school board to adopt and submit to the regional superintendent a plan for
the immediate correction of the building violations. This plan shall be
adopted following a public hearing that is conducted by the school board on the
violations and the plan and that is preceded by at least 7 days' prior notice
of the hearing published in
a newspaper of general circulation within the school district. If the regional
superintendent determines in the next annual inspection that the plan has not
been completed and that the violations have not been corrected, the regional
superintendent shall submit a report to the State Board of Education with a
recommendation that the State Board withhold from payments of general State aid or evidence-based funding
due to the district an amount necessary to correct the outstanding violations.
The State Board, upon notice to the school board
and to the regional superintendent, shall consider the report at a meeting of
the State Board, and may order that a sufficient amount of general State aid or evidence-based funding be
withheld from payments due to the district to correct the violations. This
amount shall be paid to the regional superintendent who shall contract on
behalf of the school board for the correction of the outstanding violations.
(c) The Office of the State Fire Marshal or a qualified fire official, as defined in Section 2-3.12 of this Code, to whom the State Fire Marshal has delegated his or her authority shall conduct an annual fire safety inspection of each school building in this State. The State Fire Marshal or the fire official shall coordinate its inspections with the regional superintendent. The inspection shall be based on the fire safety code authorized in Section 2-3.12 of this Code. Any violations shall be reported in writing to the regional superintendent and shall reference the specific code sections where a discrepancy has been identified within 15 days after the inspection has been conducted. The regional superintendent shall address those violations that are not corrected in a timely manner pursuant to subsection (b) of this Section. The inspection must be at no cost to the school district.
(d) If a municipality or, in the case of an unincorporated area, a county or, if applicable, a fire protection district wishes to perform new construction inspections under the jurisdiction of a regional superintendent, then the entity must register this wish with the regional superintendent. These inspections must be based on the building code authorized in Section 2-3.12 of this Code. The inspections must be at no cost to the school district.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/3-14.22) (from Ch. 122, par. 3-14.22)
Sec. 3-14.22.
Condemnation of school buildings.
To request the Department of
Public Health, the State Fire Marshal or the State Superintendent of Education
to inspect public school buildings and temporary school facilities which appear
to him to be unsafe, insanitary or unfit for occupancy. These officials shall
inspect such buildings and temporary school facilities and if, in their
opinion, such buildings or temporary facilities are unsafe, insanitary or unfit
for occupancy, shall state in writing in what particular they are unsafe,
insanitary or unfit for occupancy. Upon the receipt of such statement the
regional superintendent shall condemn the building or temporary facility and
notify the school board thereof in writing and the reasons for such
condemnation. He shall also notify, in writing, the board of school trustees
that the school or temporary facility so condemned is not kept as required by
law.
The provisions of this Section shall not preclude inspection of school
premises and buildings pursuant to Section 9 of the Fire Investigation
Act, although not requested as hereinabove provided.
(Source: P.A. 87-984.)
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(105 ILCS 5/3-14.23) (from Ch. 122, par. 3-14.23)
Sec. 3-14.23. School bus driver permits.
(a) To conduct courses
of instruction for school bus drivers pursuant to the standards
established by the Secretary of State under Section 6-106.1 of the
Illinois Vehicle Code and to charge a fee based upon the cost of
providing such courses of up to $6 per person for fiscal years 2010, 2011, and 2012; up to $8 per person for fiscal years 2013, 2014, and 2015; and up to $10 per person for fiscal year 2016 and each fiscal year thereafter for the initial
classroom course in school bus driver safety and of up to $6 per person for fiscal years 2010, 2011, and 2012; up to $8 per person for fiscal years 2013, 2014, and 2015; and up to $10 per person for fiscal year 2016 and each fiscal year thereafter for the annual refresher course.
(b) To conduct such investigations
as may be necessary to insure that all persons hired to operate school buses
have valid school bus driver permits as required under Sections 6-104 and
6-106.1 of the Illinois Vehicle Code. If a regional superintendent finds
evidence of non-compliance with this requirement, he shall submit such
evidence together with his recommendations in writing to the school board.
If the regional superintendent finds evidence of noncompliance with the
requirement that all persons employed directly by the school board to operate
school buses have valid school bus driver permits as required under Sections
6-104 and 6-106.1 of the Illinois Vehicle Code, the regional superintendent
shall schedule a hearing on a date not less than 5 days nor more than 10
days after notifying the district of his findings. If based on the
evidence presented at the hearing the regional superintendent finds that
persons employed directly by the school board to operate school buses do not
have
valid school bus driver permits as required under Sections 6-104 and 6-106.1
of the Illinois Vehicle Code, the regional superintendent shall submit
such evidence and his findings together with his recommendations to the
State Superintendent of Education. The State Superintendent of Education
may reduce the district's claim for reimbursement under Sections
29-5 and 14-13.01 for transportation by 1.136% for each day of
noncompliance.
If a school board finds evidence of noncompliance with the requirement
that all persons employed by a contractor to operate school buses have valid
school bus driver permits as required under Sections 6-104 and 6-106.1 of the
Illinois Vehicle Code, the school board shall request a hearing before
the regional superintendent. The regional superintendent shall schedule
a hearing on a date not less than 5 days nor more than 10 days after receiving
the request. If based on the evidence presented at the hearing the regional
superintendent finds that persons employed by a contractor to operate school
buses do not have valid school bus driver permits as required under Sections
6-104 and 6-106.1 of the Illinois Vehicle Code, the school board's financial
obligations under the contract shall be reduced by an amount equal to
1.136% for
each day of noncompliance. The findings of the regional superintendent and
the relief provided herein shall not impair the obligations of the contractor
to continue to provide transportation services in accordance with the terms
of the contract.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto shall apply
to and govern all proceedings instituted for judicial review of final
administrative decisions of the regional superintendent under this Section.
(Source: P.A. 100-863, eff. 8-14-18.)
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(105 ILCS 5/3-14.25) (from Ch. 122, par. 3-14.25)
Sec. 3-14.25.
Unfilled teaching positions list; subject shortage area
certifications.
(a) To maintain, and make available to the public during regular
business hours, a list of unfilled teaching positions within the region.
The most current version of the list must be posted on or linked to the
regional office of education's Internet web site. If the regional office of
education does not have an Internet web site, the regional superintendent of
schools must make the list available to the State Board of Education and the
State Board of Education must post the list on the State Board of Education's
Internet web site. The State Board of Education's Internet web site must
provide a link to each regional office of education's list.
(b) To certify to the Teachers' Retirement System of the State of Illinois
that a school district has submitted satisfactory evidence of compliance with
the requirements of subsection (e) of Section 16-150.1 of the Illinois Pension
Code, for the purpose of authorizing the employment of retired teachers in
subject shortage areas under the program established in that Section.
(Source: P.A. 92-41, eff. 7-1-01; 93-320, eff. 7-23-03.)
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(105 ILCS 5/3-14.26) (from Ch. 122, par. 3-14.26)
Sec. 3-14.26.
To coordinate, aid and encourage the indemnification of
members of regional boards of school trustees by
county boards, as provided in Section
5-1102 of the Counties Code.
(Source: P.A. 86-1475.)
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(105 ILCS 5/3-14.27)
Sec. 3-14.27. (Repealed).
(Source: P.A. 86-721. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-14.28)
Sec. 3-14.28. (Repealed).
(Source: P.A. 87-559. Repealed by P.A. 98-1155, eff. 1-9-15.)
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(105 ILCS 5/3-14.29)
Sec. 3-14.29. Sharing information on school lunch applicants. Whenever requested by the
Department of Healthcare and Family Services (formerly Department of Public Aid), to agree in writing with the Department of Healthcare and Family Services
(as the State agency that administers the State Medical Assistance Program as
provided in Title XIX of the federal Social Security Act and the State
Children's
Health Insurance Program as provided in Title XXI of the federal Social
Security
Act) to share with the Department of Healthcare and Family Services
information on applicants for
free or reduced-price lunches. This sharing of information shall be for the
sole
purpose of helping the Department of Healthcare and Family Services identify and enroll children in
the State Medical Assistance Program or the State Children's Health Insurance
Program or both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and
under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/3-14.30) Sec. 3-14.30. Grant applications. To assist and support school districts with the preparation and submission of grant applications.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/3-14.31)
Sec. 3-14.31. School facility and resources occupation tax proceeds. (a) Within 30 days after receiving any proceeds of a school facility and resources occupation tax under Section 5-1006.7 of the Counties Code, each regional superintendent must disburse those proceeds to each school district that is located in the county in which the tax was collected. (b) The proceeds must be disbursed on an enrollment basis and allocated based upon the number of each school district's resident pupils that reside within the county collecting the tax divided by the total number of resident students within the county.
(Source: P.A. 101-455, eff. 8-23-19.) |
(105 ILCS 5/3-15) (from Ch. 122, par. 3-15)
Sec. 3-15.
Powers of county superintendent.
The county superintendent shall have the powers enumerated in the
subsequent sections of this article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-15.1) (from Ch. 122, par. 3-15.1)
Sec. 3-15.1.
Reports.
To require the appointed school treasurer in Class
II counties, in each school district which forms a part of a Class II
county school unit but which is not subject to the jurisdiction of the
trustees of schools of any township in which such district is located, and
in each school district of the Class I counties to prepare and forward to
his office on or before October 15, annually, and at such other times as
may be required by him or by the State Board of Education a statement
exhibiting the financial condition of the school for the preceding year
commencing on July 1 and ending June 30.
In Class I county school units, and in each school district which forms
a part of a Class II county school unit but which is not subject to the
jurisdiction of the trustees of schools of any township in
which such school district is located, the statement shall in the case of
districts on the accrual basis show the assets, liabilities and fund
balance of the funds as of the end of the fiscal year. The statement
shall show the operation of the funds for the fiscal year with a
reconciliation and analysis of changes in the funds at the end of the
period. For districts on a cash basis the statement shall show the
receipts and disbursements by funds including the source of receipts and
purpose for which the disbursements were made together with the balance
at the end of the fiscal year. Each school district that is the
administrator of a joint agreement shall cause an Annual Financial
Statement to be submitted on forms prescribed by the State Board of
Education exhibiting the financial condition of the program established
pursuant to the joint agreement, for the fiscal year ending on the
immediately preceding June 30.
The regional superintendent shall send all required reports to the
State Board of Education on or before November 15, annually.
For all districts the statements shall show bonded debt, tax
warrants, taxes received and receivable by funds and such other
information as may be required by the State Board of Education. Any
district from which such report is not so received when
required shall have its portion of the distributive fund withheld for
the next ensuing year until such report is filed.
If a district is divided by a county line or lines the foregoing
required statement shall be forwarded to the regional superintendent of
schools having supervision and control of the district.
(Source: P.A. 86-1441; 87-473.)
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(105 ILCS 5/3-15.2) (from Ch. 122, par. 3-15.2)
Sec. 3-15.2.
Recommending imposition or remission of penalty.
To recommend to the State Board of Education the
imposition or remission of the penalty provided in Section 2-3.24.
(Source: P.A. 88-641, eff. 9-9-94.)
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(105 ILCS 5/3-15.3) (from Ch. 122, par. 3-15.3)
Sec. 3-15.3.
School treasurer's accounts.
To direct in what manner school
treasurers shall keep their books and accounts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-15.4) (from Ch. 122, par. 3-15.4)
Sec. 3-15.4.
Suit against county collector.
To bring suit against the county collector for failure to pay the amount
due upon the auditor's warrant.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-15.5) (from Ch. 122, par. 3-15.5)
Sec. 3-15.5.
Removal of school board members.
To remove any member of a school board from office for wilful failure to
perform his official duties.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)
Sec. 3-15.6. Additional employees. To employ, with the approval of the
county board, such additional employees as are needed for the discharge of
the duties of the office. The non-clerical employees shall be persons
versed in the principles and methods of education, familiar with public
school work, competent to visit schools, and licensed pursuant to this
Code if their duties are comparable to those for which licensure is
required by this Code.
On and after July 1, 1994, the provisions of this Section shall have
no application in any educational service region having a population of
2,000,000 or more inhabitants.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/3-15.7) (from Ch. 122, par. 3-15.7)
Sec. 3-15.7.
Maps and records of new districts.
To demand of the
trustees of schools or regional board of school trustees having custody of
maps and records of school districts as organized certified copies of the
same. In case of discrepancies or defects in defining the boundaries of
school districts the county superintendent, or in case of a district lying
in two or more counties, the county superintendents of such counties acting
jointly, may define such boundaries in conformity with what appears to have
been the intention of the trustees of schools when such boundaries were
established.
(Source: P.A. 87-473.)
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(105 ILCS 5/3-15.8) (from Ch. 122, par. 3-15.8)
Sec. 3-15.8.
Report to State Board of Education.
On or before November
15, annually, to present to the State Board of Education such information
relating to schools in his region as the State Board of Education may require.
(Source: P.A. 82-143.)
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(105 ILCS 5/3-15.9) (from Ch. 122, par. 3-15.9)
Sec. 3-15.9.
Delivery of money, books, papers and property to successor.
Upon his removal or resignation, or at the expiration of his term of
office, or in case of his death his representatives to deliver to his
successor in office, on demand, all moneys, books, papers and personal
property belonging to his office or subject to his control or disposition.
On and after July 1, 1994, the provisions of this Section shall have
no application in any educational service region having a population of
2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/3-15.10) (from Ch. 122, par. 3-15.10)
Sec. 3-15.10. Assistant Regional Superintendent. To employ, in counties or
regions of 2,000,000 inhabitants or less, in addition to any assistants
authorized to be employed with the approval of the county board, an assistant
regional superintendent of schools, who shall be a person of good attainment,
versed in the principles and methods of education, and qualified to teach and
supervise schools under Article 21B of this Code; to fix the term of such
assistant; and to direct his work and define his duties. On the effective date of this amendatory Act of the 96th General Assembly, in regions established
within that portion of a Class II county school unit outside of a city of 500,000 or more
inhabitants, the employment of all persons serving as assistant county or regional superintendents of schools is terminated, the position of assistant regional superintendent of schools in each such region is abolished, and this Section shall, beginning on the effective date of this amendatory Act of the 96th General Assembly, have no further application in the educational service region. Assistant regional superintendents shall each be a
person of good attainment, versed in the principles and methods of education,
and qualified to teach and supervise schools under Article 21B of this Code. The
work of such assistant regional superintendent shall be so arranged and
directed that the county or regional superintendent and assistant
superintendent, together, shall devote an amount of time during the school
year, equal to at least the full time of one individual, to the supervision of
schools and of teaching in the schools of the county.
A regional superintendent of schools shall not employ his or her spouse,
child, stepchild, or
relative as an assistant regional superintendent of schools.
By September 1 each year, a regional superintendent shall certify to the State
Board of Education
that he or she
has complied with this paragraph.
If the State Board of Education becomes aware of the fact that a regional
superintendent is employing his or her spouse, child, stepchild, or relative as
an assistant regional superintendent, the State Board of Education shall report this information to the Governor and the Comptroller, and the State Board of Education shall not
request for payment from the State Comptroller any warrants for the payment of
the assistant regional superintendent's salary or other employment-related compensation or benefits. In this paragraph, "relative"
means a grandparent, parent, aunt, uncle, sibling, first cousin, nephew, niece,
grandchild, or spouse of one of these persons. This paragraph applies only to
contracts for employment entered into on or after the effective date of this
amendatory Act of the 91st General Assembly.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/3-15.11)
Sec. 3-15.11. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
Sec. 3-15.12. High school equivalency.
The regional
superintendent of schools and the Illinois Community College Board shall make available for qualified individuals
residing within the region a High School Equivalency Testing Program and alternative methods of credentialing, as identified under this Section.
For that purpose the regional superintendent alone or with other
regional superintendents may establish and supervise a testing center or
centers to administer the secure forms for high school equivalency testing to qualified persons. Such centers
shall be under the supervision of the regional superintendent in whose
region such centers are located, subject to the approval
of the
Executive Director of the Illinois Community College Board.
The Illinois Community College Board shall also establish criteria and make available alternative methods of credentialing throughout the State. An individual is eligible to apply to the regional superintendent of schools
for the region in which he or she
resides if he or she is: (a) a person who is 17 years
of age or older, has maintained residence in the State of Illinois,
and is
not a high school graduate; (b)
a person who is successfully completing an
alternative education program under Section 2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
enrolled in a youth education program sponsored by the Illinois National
Guard.
For purposes of this Section, residence is that abode which the applicant
considers his or her home. Applicants may provide as sufficient proof of such
residence and as an acceptable form of identification a driver's license, valid passport, military ID, or other form of government-issued national or foreign identification that shows the applicant's name, address, date of birth, signature, and photograph or other acceptable identification as may be allowed by law or as regulated by the Illinois Community College Board. Such regional superintendent shall determine if the
applicant meets statutory and regulatory state standards. If qualified the
applicant shall at the time of such application pay a fee established by the
Illinois Community College Board, which fee shall be paid into a special
fund
under the control and supervision of the regional superintendent. Such moneys
received by the regional superintendent shall be used, first, for the
expenses incurred
in administering and scoring the examination, and next for other educational
programs that are developed and designed by the regional superintendent of
schools to assist those who successfully complete high school equivalency testing or meet the criteria for alternative methods of credentialing in furthering their academic development or
their ability to secure and retain gainful employment, including programs for
the competitive award based on test scores of college or adult education
scholarship grants or similar educational incentives. Any excess moneys shall
be paid into the institute fund.
Any applicant who has achieved the minimum passing standards as
established by the
Illinois Community College Board shall be
notified in writing by the regional superintendent and shall be
issued a State of Illinois High School Diploma on the forms provided by the
Illinois Community College Board. The regional superintendent shall
then certify to the Illinois Community College Board
the score of the applicant and such other and additional information
that may be required by the Illinois Community College Board. The
moneys received therefrom shall be used in the same manner as provided
for in this Section.
The Illinois Community College Board shall establish alternative methods of credentialing for the issuance of a State of Illinois High School Diploma. In addition to high school equivalency testing, the following alternative methods of receiving a State of Illinois High School Diploma shall be made available to qualified individuals on or after January 1, 2018: (A) High School Equivalency based on High School | ||
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(B) High School Equivalency based on Post-Secondary | ||
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(C) High School Equivalency based on a Foreign | ||
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(D) High School Equivalency based on Completion of a | ||
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Any applicant who has attained the age of 17 years and maintained
residence in the State of Illinois and is not a high school graduate, any person who has enrolled in a youth education program sponsored by the Illinois National Guard, or any person who has successfully completed
an
alternative education program under Section 2-3.81,
Article 13A, or Article 13B is eligible to apply for a State of Illinois High School Diploma (if he or she meets the requirements prescribed by the Illinois Community College Board) upon showing evidence that he or she has completed, successfully, high school equivalency testing, administered by the United
States Armed Forces Institute, official high school equivalency testing centers established in other
states, Veterans' Administration Hospitals, or the office of the State
Superintendent of Education for the Illinois State Penitentiary
System and the Department of Corrections. Such applicant shall apply to the
regional superintendent of the region wherein he or she has maintained residence, and,
upon payment of a fee established by the Illinois Community College Board,
the regional superintendent shall issue a State of Illinois High School Diploma and immediately thereafter certify to the Illinois Community College Board the score of the applicant and such other and
additional information as may be required by the Illinois Community College Board.
Notwithstanding the provisions of this Section, any applicant who has
been out of school for at least one year may request the regional
superintendent of schools to administer restricted high school equivalency testing upon
written request of: the director of a program who certifies to the Chief
Examiner of an official high school equivalency testing center that the applicant has completed a
program of instruction provided by such agencies as the Job Corps, the
Postal Service Academy, or an apprenticeship training program; an employer
or program director for purposes of entry into apprenticeship programs;
another state's department of education in order to meet regulations
established by that department of education; or a post high school
educational institution for purposes of admission, the Department of Financial and
Professional Regulation for licensing purposes, or the Armed Forces
for induction purposes. The regional superintendent shall administer
such testing, and the applicant shall be notified in writing that he or she is
eligible to receive a State of Illinois High School Diploma
upon reaching age 17, provided he or she meets the standards established by the Illinois Community College Board.
Any test administered under this Section to an applicant who does not
speak and understand English may at the discretion of the administering
agency be given and answered in any language in which the test is
printed. The regional superintendent of schools may waive any fees required
by this Section in case of hardship.
The regional superintendent of schools and the Illinois Community College Board shall waive any fees required by this Section for an applicant who meets all of the following criteria:
(1) The applicant qualifies as a homeless person, | ||
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(2) The applicant has not attained 25 years of age | ||
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(3) The applicant can verify his or her status as a | ||
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(4) The applicant has completed a high school | ||
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(5) The applicant is taking the test at a testing | ||
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In counties of over 3,000,000 population, a State of Illinois High School Diploma
shall contain the signatures of the Executive Director of the Illinois Community College Board and the superintendent, president, or other chief
executive officer of the institution where high school equivalency testing instruction occurred and any
other signatures authorized by the Illinois Community College Board.
The regional superintendent of schools shall furnish the Illinois
Community College Board with any information that the Illinois
Community College Board requests with regard to testing and diplomas under this
Section.
A State of Illinois High School Diploma is a recognized high school equivalency certificate for purposes of reciprocity with other states. A high school equivalency certificate from another state is equivalent to a State of Illinois High School Diploma.(Source: P.A. 102-1100, eff. 1-1-23.)
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(105 ILCS 5/3-15.12a) Sec. 3-15.12a. Alternate route to high school diploma for adult learners. (a) The purpose of Public Act 100-514 is to provide eligible applicants that have been or are unable to establish agreements with a secondary or unit school district in the area in which the applicant is located with a process for attaining the authority to award high school diplomas to adult learners. (a-5) In this Section: "Adult learner" means a person ineligible for reenrollment under subsection (b) of Section 26-2 of this Code and 34 CFR 300.102. "Board" means the Illinois Community College Board. "Eligible applicant" means a community college established and operating under the authority of the Public Community College Act; a non-profit entity in partnership with a regional superintendent of schools; the chief administrator of an intermediate service center that has the authority, under rules adopted by the State Board of Education, to issue a high school diploma; or a school district organized under Article 34 of this Code. In order to be an eligible applicant, an entity under this definition, other than a school district organized under Article 34 of this Code, must provide evidence or other documentation that it is or has been unable to establish an agreement with a secondary or unit school district in which the eligible applicant is located to provide a program in which students who successfully complete the program can receive a high school diploma from their school district of residence. "Executive Director" means the Executive Director of the Illinois Community College Board. "High school diploma program for adult learners" means a program approved to operate under this Section that provides a program of alternative study to adult learners leading to the issuance of a high school diploma. (b) An eligible applicant is authorized to design a high school diploma program for adult learners, to be approved by the Board prior to implementation. A non-profit eligible applicant shall operate this program only within the jurisdictional authority of the regional superintendent of schools, the chief administrator of an intermediate service center, or a school district organized Article 34 of this Code with whom the non-profit eligible applicant has entered into a partnership. An approved program shall include, without limitation, all of the following: (1) An administrative structure, program activities, | ||
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(2) Issuance of a high school diploma only if an | ||
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(3) Specific academic, behavioral, and emotional | ||
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(4) Career and technical education courses that lead | ||
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(5) Specific program outcomes and goals and metrics | ||
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(6) The requirement that all instructional staff must | ||
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(7) Any other requirements adopted by rule by the | ||
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(c) Eligible applicants shall apply for approval of a high school diploma program for adult learners to the Board on forms prescribed by the Board. (1) Initial approval shall be for a period not to | ||
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(2) Renewal of approval shall be for a period not to | ||
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(3) Program approval may be given only if the | ||
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(4) Notwithstanding anything in this Code to the | ||
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(A) documentation that the non-profit entity will | ||
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(B) evidence that the non-profit entity has the | ||
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(C) a description of the coordination and | ||
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(D) evidence that the non-profit entity has a | ||
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(5) If an eligible applicant that has been approved | ||
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(d) The Board may adopt any rules necessary to implement this Section.
(Source: P.A. 100-514, eff. 9-22-17; 101-81, eff. 7-12-19.) |
(105 ILCS 5/3-15.14) (from Ch. 122, par. 3-15.14)
Sec. 3-15.14. Cooperative Educational and Operational Programs. To administer and direct a cooperative or joint educational or operational program
or project when 2 or more districts request and authorize him or her to provide
and administer these services. Each regional superintendent of schools is encouraged to offer school districts the opportunity to share in joint educational or operational programs and to urge school districts to participate in such programs when the school district determines that such participation is fiscally prudent. The regional superintendent of schools may provide and contract for the
staff, space, necessary materials, supplies, books and apparatus for
such agreements. The school boards of the respective districts shall pay
to the regional superintendent the pro rata share of the expenses of the
operation of such programs, and the regional superintendent shall use
such funds in payment of such operational expenses. The regional
superintendent shall collect and remit the required pension contributions
from the participating districts if the board of control of the program
participates in Article 7 of the Illinois Pension Code.
A board of control composed of one member from each cooperating
district and one member from the office of the regional superintendent
will set policy for the cooperative. The agreement establishing the
cooperative may provide that the cooperative shall act as its own
administrative district and shall be an entity separate and apart from the
Educational Service Region.
Each regional superintendent that is the administrator of a joint
agreement shall cause an annual financial statement to be submitted on
forms prescribed by the State Board of Education exhibiting
the financial condition of the program established pursuant to the joint
agreement for the fiscal year ending on the immediately preceding June
30.
The regional superintendent may also administer, direct and account
for educational programs of single or multi-county educational service
region, or of multi-regional design which are sponsored and financed by
State or federal educational agencies, or by both such agencies.
In cases where funding for any such approved program is delayed, the
regional superintendent may borrow the funds required to begin operation of
the program in accordance with the terms of the grant; and the principal
amount so borrowed, together with the interest due thereon, shall be paid
from the grant moneys when received.
(Source: P.A. 97-357, eff. 1-1-12.)
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(105 ILCS 5/3-15.14a) Sec. 3-15.14a. Shared services. The regional superintendent of schools may, at the request of a school district, present to the school district possible services and functions that multiple schools may share or consolidate. Such services and functions may include, but are not limited to, bidding and purchasing, office functions such as payroll and accounting, information technology, professional development, grant writing, food service management, or administrative positions. Regional superintendents of schools may share best financial practices with school districts that are exploring new methods to become more financially efficient.
(Source: P.A. 97-357, eff. 1-1-12.) |
(105 ILCS 5/3-15.15) (from Ch. 122, par. 3-15.15)
Sec. 3-15.15.
Local education agency.
To apply as a local education
agency for any grant, loan, program authorization or other assistance
provided to local education agencies by the State Board of Education.
(Source: P.A. 87-1124; 88-670, eff. 12-2-94.)
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(105 ILCS 5/3-15.16)
Sec. 3-15.16. (Repealed).
(Source: P.A. 88-670, eff. 12-2-94. Repealed by P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/3-15.17) Sec. 3-15.17. Civic education advancement. (a) The General Assembly finds that civic education and participation are fundamental elements of a healthy democracy, and schools are in need of support to identify civic learning opportunities and to implement new strategies to prepare and sustain high quality citizenship among their student body. (b) Subject to appropriation, funding for civic education professional development for high school teachers must be provided by line item appropriation made to the State Board of Education for that purpose. When appropriated, the State Board of Education must provide this funding to each regional superintendent of schools based on high school enrollment as reported on the State Board of Education's most recent fall enrollment and housing report, except that 20% of each annual appropriation must be reserved for a school district organized under Article 34 of this Code. (c) In order to establish eligibility for one or more of its schools to receive funding under this Section, a school district shall submit to its regional superintendent of schools an application, accompanied by a completed civic audit, for each school. A regional superintendent shall award funds to a district based on the number of teachers identified by the district to receive professional development multiplied by $250. A district must not be awarded more than $3,000 in any year, unless additional funds remain available after all eligible applicants have received funding. A district may not use funds authorized under this Section in any school more than once every 2 years. Funds provided under this Section must be used exclusively for professional development provided by entities that are approved providers for purposes of license renewal under Section 21B-45 of this Code. (d) The civic audit form and its content must be designed and updated as deemed necessary by the Illinois Civic Mission Coalition. Data from completed civic audits must be processed by the Illinois Civic Mission Coalition. The civic audit must be made available by the Illinois Civic Mission Coalition and must be designed to provide teachers and principals with a blueprint to better understand how current curriculum, service learning, and extracurricular activities are providing civic learning experiences for their students.
(Source: P.A. 99-30, eff. 7-10-15.) |
(105 ILCS 5/3-16) Sec. 3-16. Grants to alternative schools, safe schools, and alternative learning opportunities programs. The State Board of Education, subject to appropriation, shall award grants to alternative schools, safe schools, and alternative learning opportunities programs operated by a regional office of education. For fiscal year 2018, to calculate grant amounts to the programs operated by regional offices of education, the State Board shall calculate an amount equal to the greater of the regional program's best 3 months of average daily attendance for the 2016-2017 school year or the average of the best 3 months of average daily attendance for the 2014-2015 school year through the 2016-2017 school year, multiplied by the amount of $6,119. For fiscal year 2019, to calculate grant
amounts to the programs operated by regional offices of
education, the State Board shall calculate an amount equal to
the greater of the regional program's best 3 months of average
daily attendance for the 2017-2018 school year or the average of the best 3 months of average daily attendance for the
2015-2016 school year through the 2017-2018 school year,
multiplied by the amount of $6,119. These amounts shall be termed the "Regional Program Increased Enrollment Recognition". If the amount of the Regional Program Increased Enrollment Recognition is greater than the amount of the regional office of education program's Base Funding Minimum for fiscal year 2018 or fiscal year 2019, calculated under Section 18-8.15, then the State Board of Education shall pay the regional program a grant equal to the difference between the regional program's Regional Program Increased Enrollment Recognition and the Base Funding Minimum for fiscal year 2018 or fiscal year 2019, respectively. Nothing in this Section shall be construed to alter any payments or calculations under Section 18-8.15.
(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.) |
(105 ILCS 5/Art. 3A heading) ARTICLE 3A.
EDUCATIONAL SERVICE REGIONS
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(105 ILCS 5/3A-1) (from Ch. 122, par. 3A-1)
Sec. 3A-1.
County or portion of county as educational service region.
Each
county of the State shall, except as otherwise provided in this Article, be
designated as an educational service region, referred to in this Article as a
"region". Beginning the first Monday of August, 1995, that portion of a Class
II county outside a city of at least 500,000 shall constitute a region.
References in this Code to a county as a region shall also mean a portion of a
county as a region when appropriate.
(Source: P.A. 88-89.)
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(105 ILCS 5/3A-2) (from Ch. 122, par. 3A-2)
Sec. 3A-2.
Regional superintendent-County superintendent of schools.
The chief
administrative officer of an educational service region shall be
designated and referred to as "Regional Superintendent of Schools"
or "regional superintendent."
Such person shall, in his region, have the powers and duties and perform
the functions required of or exercisable by a county superintendent of
schools, except as otherwise provided by law.
Any reference to "county superintendent of schools" in The School Code
or any other Illinois statute means and refers to the regional superintendent
of schools for an
educational service region.
(Source: P.A. 79-1057.)
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(105 ILCS 5/3A-3) (from Ch. 122, par. 3A-3)
Sec. 3A-3.
Voluntary consolidation of educational service regions.
Any 2 or
more educational service regions may be consolidated into a single region in
the manner provided in this Section. All of the territory of any educational
service region shall be determined by county boundaries, but supervision and
control over school districts that are divided by a county line shall be
determined under Section 3-14.2 of this Act.
Each regional superintendent of a region that does not conform to the
population requirements of Section 3A-4 and seeks voluntary consolidation under
this Section shall appoint a nonpartisan citizens committee consisting of 5
members to consider the advisability of such a consolidation. Such regional
superintendent shall serve as ex officio secretary to the citizens committee.
This citizens committee may petition the regional board of school
trustees serving each of the regions involved for consolidation of those
regions into a single educational service region. When such a petition
is filed, the regional board of school trustees shall conduct a hearing
on the petition, after notice of the hearing has been published once,
not more than 15 nor less than 10 days before the day of the hearing, in
a newspaper having general circulation in the region. The secretary of
the regional board of school trustees shall also notify the secretary of
each school board affected by the proposed consolidation, the chairman of the
county board of each county affected thereby and the State Board of Education
that such petition has been filed. The notice shall state the date when
the petition was filed, the prayer of the petition and the date, time
and place of the hearing. Such hearing shall be held jointly by all of
the regional boards of school trustees affected by such petition and the
State Board of Education shall arrange for such joint
hearing and pay the expenses thereof. Evidence admissible at the hearing
shall include, but not be limited to, the school needs and conditions in
the territory affected by the proposed consolidation, whether or not
such area is compact and contiguous; and whether or not the proposed
consolidation would be in the best interests of the schools of the area
and the educational welfare of the pupils of such schools. At the
hearing each resident of the region shall have the rights provided for
residents under Section 7-6 and the final order of the regional board of
school trustees shall be subject to review as provided in Sections 7-6 and 7-7.
Within 10 days after the conclusion of the joint hearing each
regional board of school trustees shall meet and render a decision with
regard to the hearing on the petition. A copy of the final order of each
regional board of school trustees shall be filed with the State Board of
Education within 30 days after the conclusion of the joint
hearing. If the regional board of school trustees in each of those
regions enters an order approving the consolidation, those regions shall
be consolidated into a single educational service region, and the
State Board of Education shall authorize the establishment
of such single educational service region and to notify all interested
parties, including the county clerks of the counties affected thereby
and the State Board of Elections.
(Source: P.A. 88-89.)
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(105 ILCS 5/3A-4) (from Ch. 122, par. 3A-4)
Sec. 3A-4. Mandatory consolidation of educational service regions.
(a) After July 1, 2015,
each
region must contain at least 61,000 inhabitants. Before June 30, 2013, regions may be consolidated
voluntarily under Section 3A-3 or by joint resolution of the county boards of
regions seeking to join a voluntary consolidation, effective July 1, 2015, to meet these population
requirements. The boundaries of regions already meeting these population
requirements on the effective date of Public Act 97-703 may not be
changed except to consolidate with another region or a whole county portion of
another region which does not meet these population requirements.
If, before November 1, 2013, locally determined consolidation decisions result in more than 35 regions of
population greater than 61,000 each, the State Board of Education shall, before November 23, 2013, direct
further consolidation, beginning with the region of lowest population, until
the number of 35 regions is achieved.
(b) (Blank).
(c) If, within 90 days after the most recent certified federal census, a region does not meet the population requirements of this Section, then regions may be consolidated voluntarily under Section 3A-3 of this Code or by joint resolution of the county boards of regions seeking to join a voluntary consolidation to meet these population requirements. If locally determined consolidation decisions result in a region not meeting the population requirements of this Section or result in more than 35 regions, then the State Board of Education shall have the authority to impose further consolidation by order of the State Superintendent of Education. Such an order shall be a final order and is subject to the Administrative Review Law.
(d) All population determinations shall be based on the most recent
federal census.
(Source: P.A. 97-703, eff. 6-25-12; 98-594, eff. 11-15-13.)
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(105 ILCS 5/3A-5) (from Ch. 122, par. 3A-5)
Sec. 3A-5.
Effective date of consolidation.
Any consolidation of regions,
whether under Section 3A-3 or 3A-4, shall take effect at the expiration of
the terms of office of the regional superintendents in office at the time
the consolidation is approved under Section 3A-3 or directed under Section
3A-4. However, at the regular election immediately preceding
the effective date of the consolidation at which regional superintendents
are to be elected in accordance with the general election law, regional
superintendents shall not be elected from each of the regions comprising
the consolidated region, but one regional superintendent shall be elected
to take office on the effective date of the consolidation.
(Source: P.A. 88-89.)
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(105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
Sec. 3A-6. Election of Superintendent for consolidated region - Bond -
Vacancies in any educational service region. (a) The regional superintendent to be
elected under Section 3A-5 shall be elected at the time provided in the general
election law and must possess the qualifications described in Section 3-1 of
this Act.
(b) The bond required under Section 3-2 shall be filed in the office of
the
county clerk in the county where the regional office is situated, and a
certified copy of that bond shall be filed in the office of the county clerk
in each of the other counties in the region.
(c) When a vacancy occurs in the office of regional superintendent of
schools of any educational service region which is not located in a county
which is a home rule unit, such vacancy shall be filled within 60 days (i)
by appointment of the chairman of the county board, with the advice and
consent of the county board, when such vacancy occurs in a single county
educational service region; or (ii) by appointment of a committee composed
of the chairmen of the county boards of those counties comprising the
affected educational service region when such vacancy occurs in a
multicounty educational service region, each committeeman to be entitled to
one vote for each vote that was received in the county represented by such
committeeman on the committee by the regional superintendent of schools
whose office is vacant at the last election at which a regional
superintendent was elected to such office, and the person receiving the
highest number of affirmative votes from the committeemen for such vacant
office to be deemed the person appointed by such committee to fill the
vacancy. The appointee shall be a member of the same political party as the
regional superintendent of schools the appointee succeeds was at the time
such regional superintendent of schools last was elected. The appointee
shall serve
for the remainder of the term. However, if more than 28 months remain
in that term, the appointment shall be until the next general election, at
which time the vacated office shall be filled by election for the remainder
of the term. Nominations shall be made and any vacancy in nomination
shall be filled as follows:
(1) If the vacancy in office occurs before the first | ||
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(2) If the vacancy in office occurs during the time | ||
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(3) If the vacancy in office occurs after the last | ||
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(4) The resolution to fill the vacancy shall be duly | ||
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The provisions of Sections 10-8 through 10-10.1 of the Election Code
relating to objections to nomination papers, hearings on objections, and
judicial review shall also apply to and govern objections to nomination papers
and resolutions for filling vacancies in nomination filed pursuant to this
Section. Unless otherwise specified in this Section, the nomination and
election provided for in this Section is governed by the general election
law.
Except as otherwise provided by applicable county ordinance or by law, if
a vacancy occurs in the office of regional superintendent of schools of an
educational service region that is located in a county that is a home rule unit
and that has a population of less than 2,000,000 inhabitants, that vacancy
shall be filled by the county board of such home rule county.
Any person appointed to fill a vacancy in the office of
regional superintendent of schools of any educational service region must
possess the qualifications required to be elected to the position of
regional superintendent of schools, and shall obtain a certificate of
eligibility from the State Superintendent of Education and file same with
the county clerk of the county in which the regional superintendent's office
is located.
If the regional superintendent of schools is called into the active military
service of the United States, his office shall not be deemed to be vacant,
but a temporary appointment shall be made as in the case of a vacancy.
The appointee shall perform all the duties of the regional superintendent
of schools during the time the regional superintendent of schools is in
the active military service of the United States, and shall be paid the
same compensation apportioned as to the time of service, and such appointment
and all authority thereunder shall cease upon the discharge of the regional
superintendent of schools from such active military service. The appointee
shall give the same bond as is required of a regularly elected regional
superintendent of schools.
(Source: P.A. 96-893, eff. 7-1-10.)
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(105 ILCS 5/3A-7) (from Ch. 122, par. 3A-7)
Sec. 3A-7.
Expenses of regional office - Budget.
When 2 or more regions have been consolidated into a single educational
service region, the costs of secretarial service, office space and other
expenses necessarily incurred in the operation of the office of the regional
superintendent shall be allocated to and
borne by the counties comprising the region in the proportion that the
equalized and assessed value of the taxable property in the county bears to
the total equalized and assessed value of all taxable property in the
region. For the purposes of calculating equalized assessed valuation
of taxable property under this Section for any tax year beginning January
1, 1981 or thereafter, the equalized assessed valuation for a county shall
be determined by adding to the real property equalized assessed valuation
for the county an amount computed by dividing the amount of money received
by the county under the provisions of "An Act in relation to the abolition
of ad valorem personal property tax and the replacement of revenues lost
thereby, and amending and repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended, by the total tax rate
for the county.
By October 1 annually, the regional superintendent shall prepare a
budget, setting out the anticipated income for his educational service
region and a statement of the costs of secretarial services, office space
and other expenses to be incurred in the operation of his office, and shall
submit that budget to the county board of each of the counties in his
region for approval. No such costs or expenses may be incurred except
pursuant to that budget as approved by each of the county boards concerned.
The budget may be amended, modified or supplemented upon the vote of a 2/3
majority of each of those county boards.
(Source: P.A. 82-646.)
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(105 ILCS 5/3A-8) (from Ch. 122, par. 3A-8)
Sec. 3A-8.
The location of the office for a multi-county educational service
region, which has been consolidated pursuant to the terms of this Article,
shall be determined by a committee composed of the chairmen of the county
boards of all counties in the region. In the event of a tie vote
by such committee, the chairman
of the regional board of school trustees shall cast the deciding vote.
(Source: P.A. 86-1028.)
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(105 ILCS 5/3A-9) (from Ch. 122, par. 3A-9)
Sec. 3A-9.
Disconnection.
An educational service region, consisting
of 2 or more counties, may be restructured by the disconnection of a
county from the educational service region as provided in this Article.
However, no educational service region involved in the disconnection may
contain less than 33,000 inhabitants after the disconnection, unless it
is a region which after the disconnection contains an area that was
formed from the consolidation of 3 or more regions.
Disconnection may be initiated by a petition requesting an election
on whether the county should be disconnected from the present
educational service region and whether the county should be consolidated
with a different specified educational service region. A petition shall
be signed by 10% of the legal resident voters of the county to which the
petition refers; the petitioners' addresses shall be included.
A petition shall be filed with the regional superintendent of the
educational service region of which the county is a part not more than
99 nor less than 92 days prior to a regular scheduled election. The
regional superintendent and the county clerk shall
determine the sufficiency of the petition. If the petition is deemed
sufficient by the regional superintendent and the county clerk, the
regional superintendent shall call an election at the next regular scheduled
election for the purpose
of presenting a public measure, in accord with the petition, to the
voters of the county to be disconnected as specified in the petition.
(Source: P.A. 81-1489.)
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(105 ILCS 5/3A-10) (from Ch. 122, par. 3A-10)
Sec. 3A-10.
Notice of Election.
A notice of the election shall be
given in accordance with the general election law. In addition to
the requirements of the general election law the notice shall
be in substantially the following form:
NOTICE OF EDUCATIONAL SERVICE REGION ELECTION
Notice is hereby given that on (insert date) an
election will be held in ............... County, Illinois, for the purpose of
voting upon this question:
Shall ............. County be disconnected from the Educational
Service Region for the Counties of ................ and .............
and shall the regional board of school trustees for ............. County
be requested to approve the consolidation of the counties into a single
educational service region?
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/3A-12) (from Ch. 122, par. 3A-12)
Sec. 3A-12.
Limitation on successive petitions.
If a
majority of those voting in a disconnection election do
not favor disconnection, no petition for a disconnection
election shall be submitted to the regional superintendent
unless the resulting election would be held at a regular election in accordance
with the general election law.
(Source: P.A. 82-458.)
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(105 ILCS 5/3A-13) (from Ch. 122, par. 3A-13)
Sec. 3A-13.
Petition for Consolidation.
If a majority of those
voting in the disconnection election favor disconnection and requesting
consolidation with another educational service region, the regional
superintendent shall notify, within 30 days of the declaration of
official results, the regional board of school trustees for the
educational service region approved by the voters in the election of the
official results. When the official results are received, the regional
board of school trustees shall conduct a hearing on the petition, after
notice of hearing has been published once, not more than 15 nor less
than 10 days before the day of the hearing, in one or more newspapers
having general circulation in the region and in one or more newspapers
having general circulation in the county which is petitioning for the
consolidation. The secretary of the regional board of school trustees
shall notify the secretary of each school board affected by the proposed
consolidation, the chairman of the county board of each county affected
thereby and the State
Superintendent of Education that the petition has been filed. The
notice shall state the prayer of the petition and the date, time and
place of the hearing. The State Board of Education shall pay the
expenses of the hearing. Evidence admissible at the hearing shall
include, but not be limited to, the school needs and conditions in the
territory affected by the proposed consolidation, whether or not the
area is compact and contiguous; and whether or not the proposed
consolidation would be in the best interests of the schools in the area
and the educational welfare of the pupils of these schools. A record of
the proceedings shall be kept and a competent reporter shall be employed
to take stenographic or stenotype notes of all testimony. At the hearing
each resident of the region or of the county petitioning for
consolidation shall have the rights provided for residents under Section
7-6 and the final order of the regional board of school trustees shall
be subject to review as provided in Sections 7-6 and 7-7.
Within 10 days of the hearing the regional board of school trustees
shall meet and render a decision with regard to the hearing on the
petition. A copy of the final decision of the regional board of school
trustees shall be filed with the State Board of Education within 30 days
after the conclusion of the hearing. If the regional board of school
trustees renders a decision approving the consolidation, the region and
the county shall be consolidated into a single educational service
region and the State Board of Education shall notify all interested
parties, including the county clerks of the counties affected thereby
and the Secretary of State. The effective date of the consolidation
shall be immediately after the time for appeal of the order of
consolidation has passed or after the final disposition of any appeal
taken from a consolidation order.
If the regional board of school trustees renders a decision denying
the consolidation, a majority of the school boards located within the
county disconnected, upon the adoption of appropriate resolutions, may
petition another educational service region for consolidation. The
proceedings on this petition shall be consistent with this Section.
(Source: P.A. 86-1028.)
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(105 ILCS 5/3A-14) (from Ch. 122, par. 3A-14)
Sec. 3A-14.
Interim Period.
An educational service region
shall continue to serve a county as herein provided until the time
the consolidation is effective as provided for in Section 3A-13.
(Source: P.A. 80-951.)
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(105 ILCS 5/3A-15) (from Ch. 122, par. 3A-15)
Sec. 3A-15. Legal representation.
Except as otherwise provided in this Section, upon request the State's attorney of
the county where the regional superintendent's office is located shall act
as the legal representative of the regional superintendent of schools; however,
where matters arise which are within the exclusive jurisdiction of another
State's attorney, said State's attorney shall provide legal representation. If, in multicounty educational service regions, the county boards grant approval through an intergovernmental agreement, or if, in educational service regions serving only one county, the county board grants approval, then the regional superintendent of schools is authorized to hire private legal counsel to represent him or her in legal matters, and each county located within the region shall pay a per capita share of the legal fees incurred, based on the number of people in the county according to the most recent U.S. census.
(Source: P.A. 94-153, eff. 7-8-05.)
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(105 ILCS 5/3A-16)
Sec. 3A-16. Regional office of education advisory board.
(a) Beginning October 1, 2009, a regional office of education advisory board
shall be established within each region serving Class I counties or within each group of regions participating in an intergovernmental agreement for the provision of professional development to advise
the regional superintendent of schools of the region or regions involved concerning the planning
and
delivery of professional development programs and services.
(b) The advisory board shall consist of at least 9 members. All members of the advisory board shall be certified pursuant to Article 21 of this Code and be currently employed in positions requiring certification by a school district, special education cooperative, joint agreement, or regional office of education program. A majority of members shall be nominated by statewide organizations representing teachers within the region or regions and selected by the regional superintendent of the region or regions involved. Administrators shall be nominated by statewide organizations representing administrators within the region or regions and selected by the regional superintendent of the region or regions involved.
(c) The regional office of education advisory
board shall meet at least annually
for the performance of its advisory duties.
(Source: P.A. 96-568, eff. 8-18-09.)
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(105 ILCS 5/3A-17)
Sec. 3A-17. (Repealed).
(Source: P.A. 89-335, eff. 1-1-96. Repealed by P.A. 96-893, eff. 7-1-10.)
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(105 ILCS 5/3A-18) Sec. 3A-18. (Repealed).
(Source: P.A. 97-619, eff. 11-14-11. Repealed internally, eff. 8-2-12.) |
(105 ILCS 5/Art. 4 heading) ARTICLE 4.
DUTIES OF COUNTY BOARD
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(105 ILCS 5/4-1) (from Ch. 122, par. 4-1)
Sec. 4-1.
Duties
of county board.
The county board of each county shall perform the duties prescribed in
this article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/4-2) (from Ch. 122, par. 4-2)
Sec. 4-2.
Office and supplies.
Provide for the county superintendent of
schools a suitable office with necessary furniture and office supplies.
On and after July 1, 1994, the provisions of this Section shall have
no application in any county having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-3) (from Ch. 122, par. 4-3)
Sec. 4-3.
Report
of county superintendent.
Examine and approve or reject the report of the county superintendent of
schools made to it.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/4-4) (from Ch. 122, par. 4-4)
Sec. 4-4.
Traveling expenses.
Allow, when they deem it proper, reasonable
traveling expenses for the office of county superintendent of schools.
On and after July 1, 1994, the provisions of this Section shall have
no application in any county having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-5) (from Ch. 122, par. 4-5)
Sec. 4-5.
Audit of
bills.
Audit at the regular meeting in September, and as near quarterly
thereafter as it may have regular or special meetings, the itemized bills
of the county superintendent of schools for his office and traveling
expenses.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/4-6) (from Ch. 122, par. 4-6)
Sec. 4-6.
Employment of assistants.
Authorize the county superintendent
of schools to employ such assistants as he needs for the discharge of his
duties and fix the compensation thereof, which compensation shall be paid
out of the county treasury.
On and after July 1, 1994, the provisions of this Section shall have no
application in any county having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-7) (from Ch. 122, par. 4-7)
Sec. 4-7.
Examination of financial statements.
(a) Examine the financial statements of the county superintendent of
schools required by Section 15-21 and compare them with vouchers.
(b) The county board, or so many thereof as are present at
its meeting, shall be liable individually to the fund injured and to the
sureties of the county superintendent, if judgment is recovered from the
sureties, for all damages occasioned by neglect of the duties, or any of
them, required of the board by this section; but nothing herein shall be
construed to exempt the sureties and they shall remain liable to the fund
injured the same as if the members of the county board were not liable to
them for neglect of their duty. On and after July 1, 1994, the
provisions of this subsection (b) shall have no application in any county
having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-8) (from Ch. 122, par. 4-8)
Sec. 4-8.
Bond -- approval -- increase.
Approve the bond of the county
superintendent of schools, and increase the penalty thereof if, in its
judgment the penalty should be increased.
On and after July 1, 1994, the provisions of this Section shall have no
application in any county having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-9) (from Ch. 122, par. 4-9)
Sec. 4-9.
New bond.
Require the county superintendent of schools, after
notice given, to execute a new bond, conditioned and approved as the first
bond, whenever it deems a new bond necessary, but the execution of such new
bond shall not affect the old bond or the liability of the sureties thereon.
On and after July 1, 1994, the provisions of this Section shall have no
application in any county having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-10) (from Ch. 122, par. 4-10)
Sec. 4-10.
Reports -- Removal from office.
(a) Require the county superintendent of schools to make the reports
to it provided for by law.
(b) Remove the county superintendent of schools from
office in case of neglect or refusal so to do, or for any palpable
violation of law or omission of duty. On and after July 1, 1994, the
provisions of this subsection (b) shall have no application in any county
having a population of 2,000,000 or more inhabitants.
(Source: P.A. 87-654; 87-1251.)
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(105 ILCS 5/4-10.5) Sec. 4-10.5. Expenses for life-skills programs. Allow, when the county board deems it proper, reasonable expenses of the regional superintendent of schools to administer life-skills programs related to the healthy social and emotional development of children.
(Source: P.A. 95-391, eff. 8-23-07.) |
(105 ILCS 5/4-11) (from Ch. 122, par. 4-11)
Sec. 4-11.
Depositories.
The county board, when requested by the county superintendent of
schools, shall designate one or more banks or savings and loan associations
in which the
funds and moneys received by him by virtue of his office may be deposited.
When a bank or savings and loan association has been designated as a
depository, it shall continue as such
until 10 days have elapsed after a new depository is designated and
qualified by furnishing the statement of resources and liabilities required
by this Section. When a new depository is designated, the county board
shall notify the sureties of the county superintendent of that fact, in
writing, at least 5 days before the transfer of funds. The county
superintendent of schools shall be discharged from responsibility for all
funds and moneys deposited in the banks or savings and loan association
so designated while
such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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(105 ILCS 5/4-12) Sec. 4-12. Educational service center support. Notwithstanding Sections 4-2, 4-4, 4-6, 4-7, 4-8, 4-9, and 4-10 of this Code, a county having a population of 2,000,000 or more inhabitants may provide financial or in-kind support to the educational service centers serving that county.
(Source: P.A. 96-893, eff. 7-1-10.) |
(105 ILCS 5/Art. 5 heading) ARTICLE 5.
TRUSTEES OF SCHOOLS
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(105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
Sec. 5-1. County school units.
(a) The territory in each county, exclusive of
any school district governed by any special act which requires the district
to appoint its own school treasurer, shall constitute a county school unit.
County school units of less than 2,000,000 inhabitants shall be known as
Class I county school units and the office of township trustees, where
existing on July 1, 1962, in such units shall be abolished on that date and
all books and records of such former township trustees shall be forthwith
thereafter transferred to the county board of school trustees. County
school units of 2,000,000 or more inhabitants shall be known as Class II
county school units and shall retain the office of township trustees
unless otherwise provided in subsection (b) or (c).
(b) Notwithstanding subsections (a) and (c), the
school board of any elementary school district having a fall, 1989
aggregate enrollment of at least 2,500 but less than 6,500 pupils and
having boundaries that are coterminous with the boundaries of a high school
district, and the school board of any high school district having a fall,
1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and
having boundaries that are coterminous with the boundaries of an elementary
school district, may, whenever the territory of such school district forms
a part of a Class II county school
unit, by proper resolution withdraw such school district from the
jurisdiction and authority of the trustees of schools of the township in
which such school district is located and from the jurisdiction and
authority of the township treasurer in such Class II county school unit;
provided that the school board of any such school district shall, upon the
adoption and passage of such resolution, thereupon elect or appoint its own
school treasurer as provided in Section 8-1. Upon the adoption and passage
of such resolution and the election or appointment by the school board of
its own school treasurer: (1) the trustees of schools in such township
shall no longer have or exercise any powers and duties with respect to the
school district governed by such school board or with respect to the school
business, operations or assets of such school district; and (2) all books
and
records of the township trustees relating to the school business and
affairs of such school district shall be transferred and delivered to the
school board of such school district. Upon the effective date of this
amendatory Act of 1993, the legal title to, and all right, title
and interest
formerly held by the township trustees in any school buildings and
school sites
used and occupied by the school board of such school district for school
purposes, that legal title, right, title and interest thereafter having
been transferred to and vested in the regional
board
of school trustees under P.A. 87-473 until the abolition of that regional
board of school trustees by P.A. 87-969, shall be deemed transferred by
operation of law to and shall vest in the school board of that school
district.
Notwithstanding subsections (a) and (c), the school boards of Oak Park & River Forest District 200, Oak Park Elementary School District 97, and River Forest School District 90 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Proviso and Cicero Townships and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board.
Notwithstanding subsections (a) and (c), the respective school boards of Berwyn North School District 98, Berwyn South School District 100, Cicero School District 99, and J.S. Morton High School District 201 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Cicero Township and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board.
Notwithstanding subsections (a) and (c) of this Section and upon final judgment, including the exhaustion of all appeals or a settlement between all parties, regarding claims set forth in the case of Township Trustees of Schools Township 38 North, Range 12 East v. Lyons Township High School District No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit Court of Cook County, Illinois, County Department, Chancery Division, and all related pending claims, the
school board of Lyons Township High School District 204 may commence, by proper resolution, to withdraw from the jurisdiction and authority of the trustees of schools of Lyons Township and the township treasurer, provided that
the school board shall, upon the adoption and passage of the
resolution, elect or appoint its own school treasurer as
provided in Section 8-1 of this Code. Upon the adoption and
passage of the resolution and the election or appointment by
the school board of its own school treasurer commencing with the first day of the succeeding fiscal year, but not prior to July 1, 2019: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of
schools and all moneys, securities, loanable funds, and other
assets relating to the school business and affairs of the
school district shall be transferred and delivered to the
school board, allowing for a reasonable period of time not to exceed 90 days to liquidate any pooled investments; and (3) all legal title to and all right, title,
and interest formerly held by the trustees of schools in any
common school lands, school buildings, or school sites used and
occupied by the school board and all rights of property and
causes of action pertaining to or constituting a part of the
common school lands, buildings, or sites shall be deemed
transferred by operation of law to and shall vest in the school
board. The changes made to this Section by this amendatory Act of the 100th General Assembly are prospective only, starting from the effective date of this amendatory Act of the 100th General Assembly, and shall not affect any legal action pending on the effective date of this amendatory Act of the 100th General Assembly in the Illinois courts in which Lyons Township High School District 204 is a listed party. Notwithstanding subsections (a) and (c), the school boards of Glenbrook High School District 225, Northbrook Elementary School District 27, Northbrook School District 28, Sunset Ridge School District 29, Northbrook/Glenview School District 30, West Northfield School District 31, and Glenview Community Consolidated School District 34 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Northfield and Maine Townships and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. (c) Notwithstanding the provisions of subsection (a), the offices of
township treasurer and trustee of schools of any township located in a Class
II county school unit shall be abolished as provided in this subsection
if all of the following conditions are met:
(1) During the same 30 day period, each school board | ||
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(2) Each school board of each elementary and unit | ||
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(3) The school boards of all of the elementary and | ||
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OFFICIAL BALLOT
Shall the offices of township treasurer and YES trustee of schools of Township ..... NO Range ..... be abolished?
(4) At the consolidated election at which the | ||
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If in each elementary and unit school district that is subject to the
jurisdiction and authority of the township treasurer and trustees of
schools of the township in which those offices are sought to be abolished a
majority of the electors in each such district voting at the consolidated
election on the proposition to abolish the offices of township treasurer
and trustee of schools of that township votes in favor of the proposition
as submitted to them, the proposition shall be deemed to have passed; but
if in any such elementary or unit school district a majority of the
electors voting on that proposition in that district fails to vote in favor
of the proposition as submitted to them, then notwithstanding the vote of
the electors in any other such elementary or unit school district on that
proposition the proposition shall not be deemed to have passed in any of
those elementary or unit school districts, and the offices of township
treasurer and trustee of schools of the township in which those offices
were sought to be abolished shall not be abolished, unless in each of those
elementary and unit school districts remaining subject to the jurisdiction
and authority of the township treasurer and trustees of schools of that
township proceedings are again initiated to abolish those offices and all
of the proceedings and conditions prescribed in paragraphs (1) through (4)
of this subsection are repeated and met in each of those elementary and
unit school districts.
Notwithstanding the foregoing provisions of this Section or any other
provision of the School Code, the offices of township treasurer and trustee of
schools of a township that has a population of less than 200,000 and that
contains a unit school district and is located in a Class II county school unit
shall also be
abolished as provided in this subsection if all of the conditions set forth in
paragraphs (1), (2), and (3) of this subsection are met
and if the following additional condition is met:
The electors in all of the school districts subject | ||
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If the proposition to abolish the offices of township treasurer and
trustee of schools of a township is deemed to have passed at the
consolidated election as provided in this subsection,
those offices shall be
deemed abolished by operation of law effective on January 1
of the
calendar year immediately following the calendar year in which that
consolidated election is held, provided that if after the
election, the trustees of schools by resolution elect to abolish the offices of
township treasurer and trustee of schools effective on July 1 immediately
following the election, then the offices shall be abolished on July 1
immediately following the election.
On the date that
the offices of township treasurer and trustee of schools of a
township are deemed abolished by operation of law, the school board of each
elementary and unit school district and the school board of each high
school district that is subject to the jurisdiction and authority of the
township treasurer and trustees of schools of that township at the time
those offices are abolished: (i) shall appoint its own school treasurer as
provided in Section 8-1; and (ii) unless the term of the contract of a
township treasurer expires on the date that the office of township
treasurer is abolished, shall pay to the former township treasurer its
proportionate share of any aggregate compensation that, were the office of
township treasurer not abolished at that time, would
have been payable to the former township treasurer after that date over the
remainder of the term of the contract of the former township treasurer that
began prior to but ends after that date. In addition, on the date that the offices of township treasurer and trustee of
schools of a township are deemed abolished as provided in this subsection,
the school board of each elementary school, high school and unit school
district that until that date is subject to the jurisdiction and authority
of the township treasurer and trustees of schools of that township shall be
deemed by operation of law to have agreed and assumed to pay and, when
determined, shall pay to the Illinois Municipal Retirement
Fund a proportionate share of the unfunded liability existing in that Fund
at the time these offices are abolished in that
calendar year for all annuities or other benefits then or
thereafter to become payable from that Fund with respect to all periods of
service performed prior to that date as a participating employee in that
Fund by persons serving during those periods of service as a trustee of
schools, township treasurer or regular employee in the office of the
township treasurer of that township. That unfunded liability shall be
actuarially determined by the board of trustees of the Illinois Municipal
Retirement Fund, and the board of trustees shall thereupon notify each
school board required to pay a proportionate share of that unfunded
liability of the aggregate amount of the unfunded liability so determined.
The amount so paid to the Illinois Municipal Retirement Fund by each of
those school districts shall be credited to the account of the township in
that Fund. For each elementary school, high school and unit school district
under the jurisdiction and authority of a township treasurer and trustees
of schools of a township in which those offices are abolished as provided
in this subsection, each such district's proportionate share of the
aggregate compensation payable to the former township treasurer as provided
in this paragraph and each such district's proportionate share of the
aggregate amount of the unfunded liability payable to the Illinois
Municipal Retirement Fund as provided in this paragraph shall be computed
in accordance with the ratio that the number of pupils in average daily
attendance in each such district for the school year last ending prior to the date on which
the offices of township treasurer and trustee of schools of that township
are abolished bears to the aggregate number of pupils in average daily
attendance in all of those districts as so reported for that school year.
Upon abolition of the offices of township treasurer and trustee of
schools of a township as provided in this subsection: (i) the regional
board of school trustees, in its corporate capacity, shall be deemed the
successor in interest to the former trustees of schools of that township
with respect to the common school lands and township loanable funds of the
township; (ii) all right, title and interest existing or vested in the
former trustees of schools of that township in the common school lands and
township loanable funds of the township, and all records, moneys,
securities and other assets, rights of property and causes of action
pertaining to or constituting a part of those common school lands or
township loanable funds, shall be transferred to and deemed vested by
operation of law in the regional board of school trustees, which shall hold
legal title to, manage and operate all common school lands and township
loanable funds of the township, receive the rents, issues and profits
therefrom, and have and exercise with respect thereto the same powers and
duties as are provided by this Code to be exercised by regional boards of
school trustees when acting as township land commissioners in counties
having at least 220,000 but fewer than 2,000,000 inhabitants; (iii) the
regional board of school trustees shall select to serve as its treasurer
with respect to the common school lands and township loanable funds of the
township a person from time to time also serving as the appointed school
treasurer of any school district that was subject to the jurisdiction and
authority of the township treasurer and trustees of schools of that
township at the time those offices were abolished, and the person selected
to also serve as treasurer of the regional board of school trustees shall
have his compensation for services in that capacity fixed by the regional
board of school trustees, to be paid from the township loanable funds, and
shall make to the regional board of school trustees the reports required to be
made by treasurers of township land commissioners, give bond as required by
treasurers of township land commissioners, and perform the duties and
exercise the powers of treasurers of township land commissioners; (iv) the
regional board of school trustees shall designate in the manner provided by
Section 8-7, insofar as applicable, a depositary for its treasurer, and the
proceeds of all rents, issues and profits from the common school lands and
township loanable funds of that township shall be deposited and held in the
account maintained for those purposes with that depositary and shall be
expended and distributed therefrom as provided in Section 15-24 and other
applicable provisions of this Code; and (v) whenever there is vested in the
trustees of schools of a township at the time that office is abolished
under this subsection the legal title to any school buildings or school
sites used or occupied for school purposes by any elementary school, high
school or unit school district subject to the jurisdiction and authority of
those trustees of school at the time that office is abolished, the legal
title to those school buildings and school sites shall be deemed
transferred by operation of law to and invested in the
school board of that school district, in its corporate
capacity under Section 10-22.35B of this Code, the
same to be held, sold, exchanged leased or otherwise transferred in
accordance with applicable provisions of this Code.
Notwithstanding Section 2-3.25g of this Code, a waiver of a mandate
established under this Section may not be requested.
(Source: P.A. 103-144, eff. 6-30-23.) |
(105 ILCS 5/5-1a) (from Ch. 122, par. 5-1a)
Sec. 5-1a.
High school districts.
Notwithstanding any other provision
of this Article or the School Code, the school board of any high school
district that is located in a Class II county school unit and that on or
after the effective date of this amendatory Act of 1991 is subject to the
jurisdiction and authority of a township treasurer and trustees of schools of
a township in which all or any part of that school district is located may
not withdraw from the jurisdiction and authority of that township treasurer
and those trustees of schools and transfer or otherwise submit to the
jurisdiction and authority of a township treasurer or trustees of school
of another township, unless the school board of each underlying elementary
school district whose territory includes all or any part of the territory
included within that high school district, by resolution, consents to the
proposed withdrawal by the school board of that high school district from
the jurisdiction and authority of the township treasurer and trustees of
schools of the township to which that high school district is subject and
the transfer or other submission by the school board of that high school
district to the jurisdiction and authority of a township treasurer or
trustees of schools of another township.
A high school district that is subject to the jurisdiction and authority
of the township treasurer and trustees of schools of a township in which
those offices are abolished as provided in subsection (c) of Section 5-1
shall thereupon be required to appoint its own school treasurer as provided
in paragraph (4) of subsection (c) of Section 5-1 and subsection (c) of
Section 8-1, and shall be subject to and governed by the other changes made
to the School Code by this amendatory Act of 1991, insofar as the same are
applicable to a high school district.
(Source: P.A. 87-473.)
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(105 ILCS 5/5-1b) Sec. 5-1b. (Repealed).
(Source: P.A. 94-432, eff. 8-2-05. Repealed internally, eff. 1-1-10.) |
(105 ILCS 5/5-2) (from Ch. 122, par. 5-2)
Sec. 5-2. Governing board.
(a) Except as otherwise provided in subsection (b), the school business of all school townships having school trustees shall
be transacted by three trustees, to be elected by the qualified voters of
the township, as provided in this Article 5. (b) This subsection (b) applies only to the trustees of schools of Township 38 North, Range 12 East. The school business of the township shall be transacted by 4 trustees elected by the qualified voters of the township, as provided in this Article 5, and 3 trustees appointed by the school districts within the township, as provided in this subsection (b). An elected trustee and an appointed trustee may represent the same school district. Any trustee, whether elected or appointed, may serve as an officer of the trustees of schools. The 3 trustees to be appointed shall each be appointed for a term of one year as follows: (1) The school boards of Argo Community High School | ||
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(2) The school boards of Western Springs School | ||
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(3) Each year, among the school board presidents of | ||
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(c) The trustees shall be a body politic
and corporate, by the name of "trustees of schools of township No. ....,
range No. ....," according to the number, or in case of school townships
created from two or more congressional townships, such name shall be
"trustees of .... township .... county, Illinois." Such corporation shall
have perpetual existence, with power to sue and be sued, and to plead and
be impleaded, in all courts and places where judicial proceedings are had.
(Source: P.A. 102-924, eff. 5-27-22.)
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(105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1)
Sec. 5-2.1. Eligible Voters: For the purposes of this Article persons
who are qualified to vote in school elections shall be eligible to vote
for the trustees of schools who have jurisdiction over the elementary school
district or unit school district in which the person resides.
If the application of this Section results in an elector
voting for trustees of a school township in which he does not reside
because the elementary or unit school district crosses township boundaries
and has been assigned to the jurisdiction of the trustees of an adjoining
township, that elector shall also be eligible to vote for the trustees of
the township within which he resides. Moreover, an elector who resides in a high school district that crosses township boundaries and has been assigned to the jurisdiction of the trustees of an adjoining township shall be eligible to vote for both the trustees of the township in which he or she resides and the trustees of the township having jurisdiction over the high school district in which he or she resides.
(Source: P.A. 94-432, eff. 8-2-05.)
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(105 ILCS 5/5-2.2) Sec. 5-2.2. Designation of trustees; Township 36 North, Range 13 East. After the April 5, 2011 consolidated election, the trustees of schools in Township 36 North, Range 13 East shall no longer be elected pursuant to the provisions of Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any such trustees elected before such date may complete the term to which that trustee was elected, but shall not be succeeded by election. Instead, the board of education or board of school directors of each of the elementary and high school districts that are subject to the jurisdiction of Township 36 North, Range 13 East shall appoint one of the members to serve as trustee of schools. The trustees of schools shall be appointed by each board of education or board of school directors within 60 days after the effective date of this amendatory Act of the 97th General Assembly and shall reorganize within 30 days after all the trustees of schools have been appointed or within 30 days after all the trustees of schools were due to have been appointed, whichever is sooner. Trustees of schools so appointed shall serve at the pleasure of the board of education or board of school directors appointing them, but in no event longer than 2 years unless reappointed. A majority of members of the trustees of schools shall constitute a quorum for the transaction of business. The trustees shall organize by appointing one of their number president, who shall hold the office for 2 years. If the president is absent from any meeting, or refuses to perform any of the duties of the office, a president pro-tempore may be appointed. Trustees who serve on the board as a result of appointment or election at the time of the reorganization shall continue to serve as a member of the trustees of schools, with no greater or lesser authority than any other trustee, until such time as their elected term expires. Each trustee of schools appointed by a board of education or board of school directors shall be entitled to indemnification and protection against claims and suits by the board that appointed that trustee of schools for acts or omissions as a trustee of schools in the same manner and to the same extent as the trustee of schools is entitled to indemnification and protection for acts or omissions as a member of the board of education or board of school directors under Section 10-20.20 of this Code.
(Source: P.A. 99-642, eff. 7-28-16.) |
(105 ILCS 5/5-3) (from Ch. 122, par. 5-3)
Sec. 5-3. Eligibility of trustees.
No person shall be eligible to the office of trustee of schools who is
not a resident of the township and at least 18 years of age. If there are
3 or more school districts in a township which are subject to the
jurisdiction of the trustees of schools of that township, no 2 trustees shall reside,
when elected, in the same school district; except that in townships in
which at least 90% of the electors reside in one school district which is
subject to the jurisdiction of the trustees of schools of that township, this
restriction shall not apply. No person shall be eligible to the office of
trustee of schools and school director or school board member at the same
time.
This Section does not apply to trustees appointed under subsection (b) of Section 5-2. (Source: P.A. 102-924, eff. 5-27-22.)
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(105 ILCS 5/5-4) (from Ch. 122, par. 5-4)
Sec. 5-4. Election of trustees. The election of trustees of schools shall be held in odd-numbered years
at the election specified in the general election law. In townships in which
no election for school
trustees has been held, or in townships in which from any cause there are
no trustees of schools and the law requires that there be school trustees,
the election of trustees of schools shall be held at the same
time.
No person shall be nominated for the office of trustee of schools, in townships
containing 20,000 inhabitants or over, except by petition signed by at least
5% or 500 of the voters of the school township in which the person is seeking nomination
and election who last cast votes in the most recent election, whichever is less, filed with the township
treasurer, or, in case of a first election, with the county clerk.
A candidate for election as a school trustee, 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, which shall be signed
and acknowledged by an officer authorized to take such acknowledgments and
which is filed with the township treasurer in the township in which he or
she is a candidate within the time provided by the general election law.
(Source: P.A. 102-924, eff. 5-27-22.)
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(105 ILCS 5/5-12) (from Ch. 122, par. 5-12)
Sec. 5-12.
Trustees' names and townships to regional superintendent.
The returns of an election for trustees of schools shall be
made to the county clerk. He shall furnish to the regional superintendent
of schools, within 7 days after the returns have been made, the
names of the trustees so returned to him, and shall specify the townships
in which they have been elected.
(Source: P.A. 81-1490.)
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(105 ILCS 5/5-13) (from Ch. 122, par. 5-13)
Sec. 5-13.
Term of office of trustees.
In townships already organized,
the school trustee shall be elected in each odd numbered year for a term
of 6 years to succeed the trustee whose term expires in such odd numbered year.
The first-elected trustees in a newly organized township shall at their
first meeting cast lots for their respective terms of office, for 2, 4 and
6 years; and thereafter 1 trustee shall be elected in each odd-numbered
year.
(Source: P.A. 81-1490.)
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(105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
Sec. 5-14. Term of office of successors - Vacancies. Successors to the trustees whose terms of office expire at the time prescribed
in Section 5-13, and their successors, shall hold their offices for 6 years
and until their respective successors are elected and qualified. Trustees
of schools shall enter upon the duties of their office on the third Monday
of the month following their election.
Whenever a vacancy occurs, the remaining trustees shall fill the
vacancy until the next regular school election, at which election a
successor shall be elected to serve the remainder of the unexpired
term. However, if the vacancy occurs with less than 28 months remaining in
the term, or if the vacancy occurs less than 88 days before the next
regularly scheduled election for this office then the person so appointed
shall serve the remainder of the unexpired term, and no election to fill
the vacancy shall be held. The successor shall have the same residential
qualifications as his predecessor. Should they fail so to act, within 30
days after the vacancy occurs, the regional superintendent of the region in
which the township lies, or if the township is divided by a county line or
lines, the regional superintendent of the region in which a majority of the
children, who reside in districts subject to the jurisdiction of the
trustees of schools of such township, attend school, shall within 15 days after the
remaining trustees have failed to fill the vacancy, fill the vacancy as
provided for herein. The successor shall have the same type of residential
qualifications as his predecessor.
(Source: P.A. 93-847, eff. 7-30-04.)
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(105 ILCS 5/5-15) (from Ch. 122, par. 5-15)
Sec. 5-15.
Organization.
Within 10 days following commencement
of their terms, the trustees
shall organize by appointing 1 of their number president, who shall hold
his office for 2 years. The president shall preside at all meetings of the
board and shall sign the proceedings thereof when recorded. If the president
is absent from any meeting, or refuses to perform any of the duties of his
office, a president pro tempore may be appointed. The president may be removed
by the trustees of schools for sufficient cause.
(Source: P.A. 81-1490.)
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(105 ILCS 5/5-16) (from Ch. 122, par. 5-16)
Sec. 5-16.
Meetings - Quorum.
The trustees of school shall hold regular meetings on the
first Monday of each calendar quarter or if such Monday falls on a holiday,
then on the following Monday. Special meetings may be called at
any time by the president or by two members. Two members shall
constitute a quorum for the transaction of business.
(Source: P.A. 81-338.)
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(105 ILCS 5/5-17) (from Ch. 122, par. 5-17)
Sec. 5-17. Payment of claims - Apportionment and distribution of
funds. At the regular meetings, the trustees shall appropriate and pay
from the income of the permanent township fund, if it is sufficient, all
valid claims for the following:
1. The compensation of the treasurer.
2. The cost of publishing the annual statement.
3. The cost of a record book, if any.
4. The cost of dividing school lands and making | ||
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If the income of the permanent township fund is not sufficient to
meet such items the additional amount needed may be taken from the total
of other funds subject to distribution, each district -- exclusive of
any district which has withdrawn from the jurisdiction and authority of the
trustees of schools of the township and which has elected or appointed its
own school treasurer as provided in subsection (b) of Section
5-1 -- being charged as its share of such items the proportion which the
amount of school funds of the district handled by the township treasurer
bears to the total amount of all school funds handled by such treasurer.
In Class II county school units (excluding therefrom, however, any
township therein in which the offices of township treasurer and trustee of
schools have been abolished as provided in subsection (c) of Section 5-1)
if any balance of the income from the
permanent township fund in any township remains after paying such items,
such balance shall be apportioned and distributed to the districts and
parts of districts in the township -- including any district which has
withdrawn from the jurisdiction and authority of the trustees of schools of
the township and which has elected or appointed its own school treasurer as
provided in subsection (b) of Section 5-1 -- in which schools
have been kept as required by law during the preceding year ending June 30,
according to the number of pupils in average daily attendance in grades one to
eight inclusive. At the
semi-annual meetings in all such townships all remaining funds subject
to distribution shall be apportioned and distributed to the districts
and parts of districts in the township in which schools have been kept
as required by law during the preceding year ending June 30, in the
manner and subject to the limitations prescribed in Sections 18-2
through 18-11 for the distribution of the common school fund among the
counties, provided that -- except for any balance of the income from the
permanent township fund remaining after payment of the items set forth in
subparagraphs 1, 2, 3 and 4 of this Section -- no funds shall be
apportioned or distributed to any school district which has withdrawn from
the jurisdiction and authority of the trustees of schools and appointed its
own school treasurer pursuant to Section 5-1; and the trustees shall
direct the treasurer to make a regular monthly apportionment and
distribution between semi-annual meetings, in the manner prescribed by
those sections, of any available funds on hand from the common school fund.
The funds distributed shall be credited to the respective districts and
parts of districts.
In Class I county school units and in any township forming a part of
a Class II county school unit in which township the offices of township
treasurer and trustee of schools have been abolished as provided in
subsection (c) of Section 5-1, if any balance of income from the
permanent township fund in any township remains after paying such items,
such balance or a part thereof equal to but not greater than the then
current tax levy or tax levies for common school purposes by all the
school districts or parts of school districts in said township on
property in said township in process of collection in the county wherein
the township having such fund is located, shall, upon an order drawn by
the treasurer and signed by the president and secretary of the township land
commissioners or regional board of school trustees, be paid annually on
or before February 1 to the County
Treasurer of the county in which such township is situated. It shall
then be the duty of the County Treasurer to apply and credit the sum so
received upon all tax bills for school purposes of the taxpayers in the
township, said sum to be applied and credited proportionately upon the
basis of the value of assessed property represented by each such tax
bill. Any sum received by the County Treasurer in excess of the amount
required to discharge in full the amount of all taxes for school
purposes so extended against taxable property within the township shall
be held by the County Treasurer and applied to taxes subsequently
extended for such purposes: Provided, that if a petition, signed by at
least 5% of the legal voters of the township, is presented to the regional
superintendent of schools of the educational service region
in which the township is located
requesting a vote on the proposition that such balance of the income
from the permanent township fund shall be apportioned and distributed to
the districts and parts of districts in the township in which schools
have been kept as required by law during the preceding year ending June
30, according to the number of pupils in average daily attendance in
grades one to eight, inclusive, upon an order drawn by the treasurer and signed by the
president and secretary of the township land commissioners or regional
board of school trustees, to be paid annually
on or before February 1, the regional superintendent of schools shall certify
to the proper election authority the proposition for submission to the
voters of the township in accordance with the general election law.
The treasurer shall cause a copy of the order to be published in one or
more newspapers published in the county school unit within 10 days after
the order is drawn. If no newspaper is published in the county school unit,
the order shall be published in a newspaper having general circulation
within the county school unit. The publication of the order shall include a
notice of (1) the specific number of voters required to sign a petition
requesting that the proposition to apportion and distribute to the several
school districts the excess of the income from the permanent township fund
be submitted to the voters of the township; (2) the time within which
the petition must be filed; and
(3) the date of the prospective referendum. The treasurer shall provide a
petition form to any individual requesting one. If the proposition receives
a majority of the votes cast thereon, it shall supersede the preceding
provisions for the distribution of such balance.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/5-18) (from Ch. 122, par. 5-18)
Sec. 5-18.
Statements of conditions of schools.
Trustees of schools shall prepare, or cause to be prepared, by the
township treasurer, the directors or board members of the several
districts or other person, and forwarded to the regional
superintendent of
the region in which the township lies, on or before July 15 annually,
and at such other times as may be required by the regional superintendent
of schools or by the State Board of Education, a statement
exhibiting the condition of the schools subject to the jurisdiction and
authority of such trustees in the respective townships for
the preceding year, commencing on July 1 and ending June 30 which
statement shall be in the form, and shall contain the information
required by the State Board of Education. Any township from
which such report is not so received shall forfeit its portion of the
distributive fund for the next ensuing year.
(Source: P.A. 86-1441.)
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(105 ILCS 5/5-19) (from Ch. 122, par. 5-19)
Sec. 5-19.
Township divided by county lines - Statistics and
information.
If a township is divided by a county line or lines, the trustees of
schools shall make, or cause to be made, separate enumerations of all
statistics and other information required by the State Board of Education,
and report them separately to the several regional
superintendents. All parts of such statistical information which cannot
practically be reported separately shall be reported to the regional
superintendent of the county in which the sixteenth section of such
township is situated.
(Source: P.A. 81-1508.)
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(105 ILCS 5/5-20) (from Ch. 122, par. 5-20)
Sec. 5-20.
Examination of books, securities and effects - Accounts and
vouchers.
At each regular meeting, and at such other meetings as they may
think proper, the trustees of schools shall examine all books, notes,
mortgages, securities, papers, moneys and effects of the corporation,
and the accounts and vouchers of the township treasurer or other
township school officer, and shall make such order for their security,
preservation, collection, correction of errors, if any, and for their
proper disposition, as may be necessary.
(Source: P.A. 81-338.)
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(105 ILCS 5/5-21) (from Ch. 122, par. 5-21)
Sec. 5-21.
Gifts, grants, donations, legacies - Title to property.
The trustees of schools in townships in which that office has not been
abolished as provided in subsection (c) of Section 5-1 may receive any
gift, grant, donation or legacy made for the use of any school or library
or for any other school purpose within their jurisdiction. They are
invested in their corporate capacity with the title of all school buildings
and school sites, except as otherwise provided by clause (3) of subsection
(b) of Section 5-1 with respect to school districts which have withdrawn
from the jurisdiction and authority of the trustees of school. All
conveyances of real estate made to the trustees of schools shall be made to
them in their corporate name and to their successors in office. School
districts may take and convey title to real estate to be improved by
buildings or other structures for vocational or other educational training
of pupils as provided in Section 10-23.3. If legal title to the real estate
to be so improved for vocational or other educational training of pupils as
provided in Section 10-23.3 is not held by the school board of the school
district, the trustees of schools or
other school officials having legal title to those school sites or other
school
property shall convey to the school district the title to any such school
site
or other school property or portion thereof held for such district, to be
used as provided in Section 10-23.3, upon being presented with a resolution
adopted by at least 2/3 of the members of such board requesting such
conveyance.
If the trustees of schools for a township are no longer in existence,
the school district shall take and convey title to all school buildings and
school sites to be acquired within such township. If the trustees of
schools had previously taken title to a school building or a school site
and such trustees are no longer in existence, the school district shall by
operation of law automatically be vested with title to all school buildings
and school sites within such township and shall have authority to convey
title thereto.
(Source: P.A. 87-473; 88-155.)
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(105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
Sec. 5-22. Sales of school sites, buildings or other real estate. When, in the opinion of the school board, a school site, or portion
thereof, building, or site with building thereon or any other real
estate of the district has become unnecessary, unsuitable, or
inconvenient for a school or unnecessary for the uses of the district,
the school board, by a resolution adopted by at least two-thirds of the
board members, may sell or direct that the property be sold in the manner
provided
in the Local Government Property Transfer Act or in the manner
herein provided or, in the case of residential property constructed or renovated by students as part of a curricular program, may engage the services of a licensed real estate broker to sell the property for a commission not to exceed 7%, contingent on the public listing of the property on a multiple listing service for a minimum of 14 calendar days and the sale of the property within 120 days. Unless legal title to the land is held by the school
board, the school board shall forthwith notify the trustees of
schools or other school officials having legal title to such land of the
terms upon which they desire the property to be sold.
If the property is to be sold to another unit of local government or
school district, the school board, trustees of schools, or other school
officials
having legal title to the land shall proceed in the manner provided
in the Local Government Property Transfer Act. In all other cases, except if
the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency,
the school
board, trustees
of schools, or other school officials having legal title to the land shall,
within 60 days after adoption of the resolution (if the school board holds
legal title to the land), or within 60 days after the
trustees of school or other school officials having legal title receive the
notice (if the school board does not hold legal title to the land), sell the
property at public sale, by
auction or sealed bids, after first giving notice of the time, place, and terms
thereof by notice published once each week for 3 successive weeks prior to the
date of the sale if sale is by auction, or prior to the final date of
acceptance of bids if sale is by sealed bids, in a newspaper published in the
district or, if no such newspaper is published in the district, then in a
newspaper published in the county and having a general circulation in the
district; however, if territory containing a school site, building, or site
with building thereon, is detached from the school district of which it is a
part after proceedings have been commenced under this Section for the sale of
that school site, building, or site with building thereon, but before the sale
is held, then the school board, trustees of schools, or other school
officials having legal title shall not advertise or sell that
school site, building, or site with building thereon, pursuant to those
proceedings. The notices may be in the following form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the (here insert title of the school board, trustees of school, or
other school officials holding legal title) of (county)
(Township No. ...., Range No. .... P.M. ....) will sell at public sale (use
applicable alternative) (at ......... (state location of sale which shall
be within the district), at .... ..M.,) (by taking sealed bids which shall be
accepted until .... ..M., on (insert date), at (here insert location where bids will be accepted which shall be
within the district) which bids will be opened at .... ..M. on (insert
date) at (here insert location where bids
will be opened which shall be within the district)) the following described
property: (here describe the property), which sale will be made on the
following terms to-wit: (here insert terms of sale)
....
....
....
(Here insert title of school
officials holding legal title)
For purposes of determining "terms of sale" under this Section, the General
Assembly declares by this clarifying and amendatory Act of 1983 that "terms
of sale" are not limited to sales for cash only but include contracts for
deed, mortgages, and such other seller financed terms as may be specified
by the school board.
If a school board specifies a reasonable minimum selling price and that
price is not met or if no bids are received, the school board may adopt a
resolution determining or directing that the services
of
a licensed real estate broker be engaged to sell the property for a
commission not to exceed 7%,
contingent on the sale of the property within 120 days. If legal title to the
property is not held by the school board,
the trustees of schools or other school officials having legal title shall,
upon receipt of the resolution, engage the services of a licensed real estate
broker as directed in the resolution.
The board may accept a written offer equal to or greater than the established
minimum selling price for the described property. The services of a licensed
real estate broker may be utilized to seek a buyer. If the board lowers the
minimum selling price on the described property, the public sale procedures set
forth in this Section must be followed. The board may raise the minimum selling
price without repeating the public sale procedures.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
The deed of conveyance shall be executed by the president and clerk
or secretary of the school board, trustees of schools, or other school
officials having legal title to the land, and the proceeds paid to the school
treasurer for the
benefit of the district. The school
board shall use the proceeds from the sale first to pay the principal
and interest on any outstanding bonds on the property being sold, and
after all such bonds have been retired, the remaining proceeds from the
sale next shall be used by the school board to meet any urgent district needs
as determined under Sections 2-3.12 and 17-2.11 and then for any other
authorized purpose and for deposit into any district fund. But whenever the
school board of any school district determines that any schoolhouse site with
or without a building thereon is of no further use to the district, and agrees
with the school board of any other school district within the boundaries of
which the site is situated, upon the sale thereof to that district, and agrees
upon the price to be paid therefor, and the site is selected by the purchasing
district in the manner required by law, then after the payment of the
compensation the school board, township trustees, or other school
officials having legal title
to the land of the schools shall, by proper instrument in writing, convey the
legal title of the site to the school board of the purchasing district, or to
the
trustees of schools for the use of the purchasing district, in accordance
with law. The provisions of this Section
shall not apply to any sale made pursuant to Section 5-23 or Section 5-24 or
Section 32-4.
(Source: P.A. 99-794, eff. 1-1-17; 100-963, eff. 1-1-19.)
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(105 ILCS 5/5-23) (from Ch. 122, par. 5-23)
Sec. 5-23.
Exchange of properties.
Whenever the school board, by a two-thirds majority of its members shall
find and declare the following propositions and shall cause to be recorded
in the Recorder's Office a certificate embodying such findings and
declarations duly signed by its president and attested by its secretary or
clerk, then said school board may cause the exchange of a present school
site or site with building thereon for a substitutional site without a
referendum approving such exchange. The above findings and declarations
shall establish the following: (1) That in the opinion of the school board
a school site or site with building thereon has become unsuitable or
inconvenient for a school; (2) that a substitutional school site has been
offered in exchange for the present site which is a suitable, convenient
and desirable site for a school and (3) that the value of the
substitutional site is equal to or exceeds the value of the present site
for which it is to be exchanged, the criterion of value to be that of a
fair market value. When such certificate has been recorded as aforesaid,
the school board shall transmit a copy of said certificate to the trustees
of schools or other school officials having legal title to such land and
shall request the execution of a deed of conveyance by the president and
clerk, or secretary, as the case may be, to be delivered upon the receipt
of a good and sufficient deed conveying to the trustees of schools or other
school officials entitled under the statute to hold legal title to lands in
the particular school district a good title to the substitutional site; and
such president and clerk, or secretary, as the case may be, shall comply
with such request. If the school board of a school district holds legal title
to any lands to be exchanged under this Section, the certificate shall be
recorded by the school board, and the deed of conveyance shall be executed by
the president and by the secretary or clerk of the school board, as the case
may be, and shall be delivered when a good and sufficient deed conveying the
legal title of the substitutional site to the school board is delivered to the
school board. The certificate provided for shall set forth an accurate
legal description of the present school site and of the substitutional site
offered as aforesaid.
(Source: P.A. 88-155.)
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(105 ILCS 5/5-24) (from Ch. 122, par. 5-24)
Sec. 5-24.
Sale to another school district or municipality.
Whenever a petition is presented to the school board of a school district
requesting the sale of school grounds and buildings to another school district
or other municipality, which petition is signed by 10%
of the voters of the district, the school board of the district shall adopt
a resolution for the sale of such school grounds and buildings, and fix
the price therefor, and shall thereupon order the secretary to certify
to the proper election authorities the proposition for submission to the
voters of the district in accordance
with the general election law; and if a majority of the votes cast
upon the proposition are in favor of the sale, then
the school board, trustees of schools of the township in which the school
district
is located, or other school officials having legal title shall convey by
its president and clerk or secretary, upon receipt of the purchase price,
the property so to be sold; and the purchase price thereof shall be placed
with the proper treasurer for the benefit of the school district so selling
the property. The proposition shall be substantially in the following form:
Shall School District Number...., of.... County, Illinois, YESsell to School DistrictNumber...., (or other municipality) of.... County, Illinois,the following described property(here describe the ground) NOfor the sum of.... Dollars?
(Source: P.A. 88-155.)
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(105 ILCS 5/5-25) (from Ch. 122, par. 5-25)
Sec. 5-25.
Moneys
paid to treasurer.
The trustees of schools or township land commissioners shall cause all
moneys for the use of the school districts to be paid to the proper
treasurer thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-26) (from Ch. 122, par. 5-26)
Sec. 5-26.
Purchase of real estate in satisfaction of judgment.
The trustees of schools or township land commissioners may purchase
real estate in satisfaction of any judgment in any action
wherein the trustees or township land commissioners or the county
superintendent of schools are parties, if, in their opinion the
interests of the township fund will be promoted thereby.
(Source: P.A. 79-1366.)
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(105 ILCS 5/5-27) (from Ch. 122, par. 5-27)
Sec. 5-27.
Compromise, settlements and cancellations.
The trustees of schools or township land commissioners may: make all
settlements with persons indebted to them in their official capacity;
receive deeds to real estate in compromise; and may cancel notes, bonds,
mortgages, and judgments for the benefit of any school township or
district.
(Source: P.A. 84-452.)
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(105 ILCS 5/5-28) (from Ch. 122, par. 5-28)
Sec. 5-28. Lease or sale of lands. The trustees of schools or township land commissioners may lease or sell
any lands that come into their possession in the manner described in
Sections 5-26 or 5-27. When in their opinion it is to the best interest
of the schools of the township or district interested in any such lands
that they be sold, the trustees shall adopt a resolution to such effect and
in such resolution shall specify the time, place and terms of sale. The
sale shall be at public auction and the trustees shall give notice thereof
by publishing notice once each week for three successive weeks prior to the
date of the sale in a newspaper published in the township to which the real
estate belongs, and if the lands to be sold lie outside of the township to
which they belong then such notice is to be published as herein provided in
a newspaper published in the township in which the land lies or, if no such
newspaper is published either in the township where the real estate belongs
or in the township where the land lies, then in a newspaper published in
the county and having a general circulation in the township affected. The
notices shall describe the property and state the time, place and terms of
the sale. The trustees have the right to reject any and all bids. Upon the
sale being made, deed of conveyance shall be executed by the president and
clerk of the trustees and the proceeds shall be paid to the township
treasurer for the benefit of the township or the district interested in the
lands.
(Source: P.A. 100-963, eff. 1-1-19.)
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(105 ILCS 5/5-29) (from Ch. 122, par. 5-29)
Sec. 5-29.
Sale
of school land for roads.
Whenever the State, county, city, village, incorporated town, township
or road district authorities lay out a new road, street or highway, or
alter, widen or relocate existing roads, streets or highways, and for such
purposes require lands used for school sites, or land owned for school
purposes, the trustees of schools or school officials having legal title to
such lands have the power, with the consent of the school board of the
district, to sell and convey to the State, county, city, village,
incorporated town, township or road district the land required for such
purposes, or may dedicate to public use for street and highway purposes as
much of said school land as may be necessary to open, extend, alter, widen
or relocate any street or highway which may be required by the municipal
authorities to be opened, extended, altered, widened or relocated, if they
are of the opinion that the benefit to accrue for the opening, extending,
altering, widening or relocating of such street or highway will compensate
for the strip so dedicated.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-30) (from Ch. 122, par. 5-30)
Sec. 5-30.
Easements.
The trustees of schools or other school officials having legal title to
school sites or land owned for school purposes shall have the power, with
the consent of the school board of the district wherein the lands are
located, to grant temporary or permanent easements for sewer, water
drainage or utility purposes to municipalities, corporations or persons on
such terms as the school board may determine.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-31) (from Ch. 122, par. 5-31)
Sec. 5-31.
Division of township into districts - Territory taken from special
charter district. The trustees of schools in newly organized townships shall
divide the township into school districts to suit the wishes or convenience
of a majority of the inhabitants of the township, and shall prepare or cause
to be prepared a map of the township, on which the district or districts
shall be designated by their respective numbers. The trustees of schools
shall also cause any territory taken from a school district acting under
a special charter to be formed and established into a school district to
be governed under such general school laws of the State within thirty days
from the time such territory is taken from the district acting under a special
charter; and the trustees shall order an election for the purpose of electing
directors for such district and shall certify such offices
within ten days after the organization thereof. The first election shall
be held at the next regular election for school district officers, and until
the directors elected at that time take office, the Regional Superintendent
may fill the office by appointment. If such territory has not sufficient
inhabitants and children to establish and maintain a school, the trustees
may annex it to an adjoining district or districts.
(Source: P.A. 81-1490.)
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(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
Sec. 5-32. Failure to maintain schools - Transportation and tuition. If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act. However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise. Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
election law.
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
Shall ......................High School District Number ......, YES........... County, Illinois,maintain and operate a high school within that High SchoolDistrict and for the benefit NOof the pupils residing therein?
and is approved if a majority of the voters voting on the proposition is
in favor thereof. The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12. A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/5-34) (from Ch. 122, par. 5-34)
Sec. 5-34.
Evidence of indebtedness not in proper form-Securities insufficient-
Action taken.
When any county superintendent of schools notifies the trustees of
schools of a township, in writing, that the notes, bonds, mortgages or
other evidences of indebtedness which have been taken officially by the
township treasurer are not in proper form, or that securities which he has
taken are insufficient, the trustees shall at once take such action as may
be necessary to protect the property or fund of the township and the
district. For a failure or refusal to take such action within 20 days after
such notice the trustees of schools, each in his individual capacity, shall
be guilty of a petty offense and shall be liable to a fine of not less than
twenty-five nor more than one hundred dollars, to be recovered before any
circuit court, which when collected shall be paid to the county
superintendent of the proper county for the use of the schools. The payment
of this fine shall not relieve the trustees from any civil liability they
may have incurred from such neglect of duty.
(Source: P.A. 77-2267.)
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(105 ILCS 5/5-35) (from Ch. 122, par. 5-35)
Sec. 5-35.
Liability of trustees for sufficiency of securities taken from township
treasurer.
Trustees of schools shall be liable, jointly and severally, for the
sufficiency of securities taken from township treasurers; and in case of
judgment against any treasurer and his sureties for or on account of any
default of such treasurer, on which the money is not made for want of
sufficient property whereon to levy for the enforcement of a judgment,
a civil action may be
maintained against the trustees, jointly and severally, and the amount not
collected on the judgment shall be recovered with costs of the action from such
trustees. If the trustees can show, satisfactorily, that the security taken
from the treasurer, was, at the time it was taken, sufficient, they shall
not be held liable.
(Source: P.A. 84-546.)
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(105 ILCS 5/5-36) (from Ch. 122, par. 5-36)
Sec. 5-36.
Failure to follow law as to distribution when new district formed.
If the trustees of schools fail to observe the provisions of this Act in
reference to the distribution of funds and property when a new district is
formed, they shall be individually and jointly liable to the district
interested, in a civil action to the full amount of the damages sustained
by the district aggrieved.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-37) (from Ch. 122, par. 5-37)
Sec. 5-37.
Returns of children-Penalty for failure or false return.
Any trustee of schools who fails or refuses to make returns of children
in his township according to the provisions of this Act, or who knowingly
makes a false return thereof, is guilty of a petty offense and shall be
liable to a fine of not less than $10.00 nor more than $100.00, to be
recovered by an action before the circuit court of the county; which
penalty, when collected, shall be added to the distributive fund of the
township in which the trustee resides.
(Source: P.A. 77-2267.)
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(105 ILCS 5/5-38) Sec. 5-38. Publication of information. (a) As used in this Section: "Accounting book value" means the value carried on the accounting records of the township school treasurer as of the last day of a calendar quarter. "Annual total compensation" means the total cost to taxpayers for the services of the identified individual during the most recently completed fiscal year. "Investment instrument" means an individual investment security as provided for under the Uniform Commercial Code or the aggregate value of all shares held in an individual investment fund or pooled account. "Investment rate of return" means: (1) for fixed interest-bearing securities, the stated | ||
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(2) for cash accounts and all other investment | ||
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"Township school treasurer" means an individual hired by the trustees of schools to perform the statutory role of treasurer for school districts within the township. (b) Trustees of schools in Class II county school units shall maintain an Internet website on which all of the following information shall be available for public viewing: (1) The name, term of office, and means of public | ||
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(2) The dates, times, and locations of all trustees | ||
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(3) The agenda for each trustees of schools meeting, | ||
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(4) The approved minutes of all trustees of schools | ||
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(5) The annual total compensation of each trustee and | ||
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(6) The address and contact information for the | ||
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(7) The audited financial statements for the prior 3 | ||
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(8) The budget for the current fiscal year, posted no | ||
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(9) Contracts in effect with a value over $25,000. (10) Collective bargaining agreements in effect. (c) Township school treasurers in Class II county school units shall submit to each school district that they serve, within 30 days after the end of each calendar quarter, an investments report that includes all of the following: (1) A list of each cash account and investment | ||
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(2) A copy of the trustees of schools investment | ||
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(Source: P.A. 102-346, eff. 8-13-21.) |
(105 ILCS 5/Art. 6 heading) ARTICLE 6.
REGIONAL BOARD OF SCHOOL TRUSTEES
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(105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
Sec. 6-1.
Fractional townships of less than 200 persons.
Each congressional township is a township for school purposes. When a
fractional congressional township contains fewer than 200 persons under 21
years of age and has not heretofore been united with any township for
school purposes it is hereby attached for school purposes to the adjacent
congressional township having the longest territorial line bordering on
such fractional township and all the provisions of this Article shall apply
to such united townships the same as though they were one township.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
Sec. 6-2. Regional board; creation; membership; abolition and
transfer of duties.
(a) There is created a regional board of school trustees for that territory
in each educational service region exclusive of any school district organized
under Article 34 and exclusive of any school district whose school board has
been given the powers of school trustees; provided that on the effective date
of this amendatory Act of 1992 the regional board of school trustees
theretofore created and existing for any territory in an educational service
region containing 2,000,000 or more inhabitants is abolished, the terms of
office of all members of the regional board of school trustees so abolished are
terminated on that effective date, and from and after that effective date all
rights, powers, duties, and responsibilities that were vested in or required by
law to be exercised and performed by the former regional board of school
trustees shall be vested in and exercised and performed by the successors to
the former regional board of school trustees as provided in subsection (b) of
this Section 6-2. Any school district whose board of education acts as a board
of school trustees shall have within its district the powers and duties of a
regional board of school trustees.
Unless abolished as provided in this Section, the regional board of
school trustees, in both single county and multi-county
educational service regions, shall consist of 7 members. In single county
regions not more than one trustee may be a resident of any one congressional
township; however, in case there are fewer than 7 congressional townships
in the region then not more than two of such trustees may be residents of
the same congressional township. Notwithstanding the foregoing residency provision, in a single county region with a population of greater than 750,000 inhabitants, but less than 1,200,000 inhabitants, 2 trustees may be residents of the same congressional township if and only if such trustees were elected at the April 9, 2013 consolidated election. In 2 county regions at least 2 trustees
shall be residents of each county. In 3 or more county regions at least
one trustee shall be a resident of each county. If more than 7 counties
constitute the educational service region, the regional board of school
trustees shall consist of one resident of each county.
The regional board of school trustees shall be a body politic and corporate
by the name of "Regional Board of School Trustees of.... County (or Counties),
Illinois." Such corporation shall have perpetual existence with power to
sue and be sued and to plead and be impleaded in all courts and places where
judicial proceedings are had.
(b) Upon the abolition of the regional board of school trustees and
the termination of the terms of office of the members of that former
regional board of school trustees in an educational service region
containing 2,000,000 or more inhabitants as provided in subsection (a), the
trustees of schools of each township included within the territory of that
educational service region that was served by the former regional board of
school trustees, or if any such township is a township referred to in
subsection (b) of Section 5-1 and there are no trustees of schools acting
in that township then the school board of each school district located in
that township, shall be the successors to the former regional board of
school trustees. As successors to the former regional board of school
trustees, the trustees of schools of each such township and the school
board of each such school district, with respect to all territory included
within the school township or school district served by the trustees of
schools of the township or school board, shall be vested with and shall
exercise and perform all rights, powers, duties, and responsibilities
formerly held, exercised, and performed with respect to that territory by
the regional board of school trustees abolished under subsection (a) of this Section.
Upon abolition of the regional board of school trustees in an educational
service region having 2,000,000 or more inhabitants as provided in
subsection (a) of this Section, all books, records, maps, papers,
documents, equipment, supplies, accounts, deposits, and other personal
property belonging to or subject to the control or disposition of the
former regional board of school trustees (excepting only such items as may
have been provided by the county board) shall be transferred and delivered
to the trustees of schools of the townships and the school boards that are
the successors to the former regional board of school trustees for the
territory included within their respective school townships or school
districts.
From and after the effective date of this amendatory Act of 1992, any
reference in the School Code or any other law of this State to the regional
board of school trustees or county board of school trustees shall mean,
with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a
regional board of school trustees abolished under subsection (a) of this
Section, the trustees of schools of the township or the school board of the
school district that is the successor to the former regional board of
school trustees with respect to the territory included within that school
township or school district.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/6-2.1) (from Ch. 122, par. 6-2.1)
Sec. 6-2.1. On and after the effective date of this amendatory Act,
the provisions of Sections 6-3, 6-4, 6-5, 6-10, 6-11 (now repealed), 6-12, 6-17, 6-18, 6-19,
6-20, and 6-21 of this School Code shall have no application in any
educational service region having a population of 2,000,000 or more
inhabitants.
(Source: P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
Sec. 6-3.
Eligibility for trustee's office.
No person shall be eligible to the office of member of the regional
board of school trustees who is not a voter of the educational service
region and qualified to vote in the election for members of the regional
board of school trustees, or who is a member of a school board, or who is a
school board employee, or who holds any county office.
(Source: P.A. 78-514.)
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(105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
Sec. 6-4.
Election date.
Members of the regional board of school trustees
shall be elected at the regular election specified in the general
election law in each odd-numbered year.
(Source: P.A. 81-1490.)
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(105 ILCS 5/6-5) (from Ch. 122, par. 6-5)
Sec. 6-5.
Qualifications and eligibility of voters.
A person is qualified to vote at an
election for members of the
regional board of school trustees who is a registered voter as provided in
the Election Code and has resided within the State and in the voting
precinct for 28 days immediately preceding the election, and who is a
citizen of the United States and has attained the age of 18 years.
Whenever a unit school district is located in more than one educational
service region, a qualified elector residing in that unit school district but
outside of the educational service region administered by the regional
superintendent of schools having supervision and control over that unit school
district shall be eligible to vote in any election held to elect members of the
regional board of school trustees for the educational service that is
administered by the regional superintendent of schools who has supervision and
control over that unit school district, but the elector shall not also be
eligible to vote in the election held to elect the members of the regional
board of school trustees for the educational service region in which the
elector resides.
Not less than 100 days before each nonpartisan election, the regional
superintendent of schools shall certify to the State Board of Elections a list
of each unit school district under his or her supervision and control and each
county in which all or any part of each of those districts is located. The
State
Board of Elections shall certify each of those unit school districts and
counties to the appropriate election authorities within 20 days after receiving
the list certified by the regional superintendent of schools.
The election authority in a single county educational service region whose
regional superintendent of schools exercises supervision and control over a
unit school district that is located in that single county educational service
region and in one or more other educational service regions shall certify to
the election authority of each of those other educational service regions in
which the unit school district is located the candidates for members of the
regional board of school trustees for the educational service region that is
administered by the regional superintendent of schools exercising supervision
and control over that unit school district.
(Source: P.A. 88-535.)
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(105 ILCS 5/6-10) (from Ch. 122, par. 6-10)
Sec. 6-10.
Nominating petition.
The nomination of candidates for members
of the regional board of school trustees in single county or multi-county
educational service regions shall be made by a petition filed with the county
clerk, in the case of a single county region, and, in the case of multi-county
regions with the State Board of Elections and signed
by at least 50 voters qualified to vote at the election.
In addition to the requirements of the general election law, the petition
shall specify the county and township (or road district) of the candidate's residence.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or State Board of Elections 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 nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
A candidate for membership on the regional board of school trustees, 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 to the regional board of school trustees from either the
full term or the vacant term by written declaration, within the time and
in the manner provided by the general election law.
(Source: P.A. 81-1490.)
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(105 ILCS 5/6-11)
Sec. 6-11. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/6-12) (from Ch. 122, par. 6-12)
Sec. 6-12.
Ballot form.
The ballots for members of the regional board of
school trustees shall be in substantially one of the following forms:
OFFICIAL BALLOT FOR SINGLE COUNTY REGIONS
For members of the Regional Board of School
Trustees
(Vote for.... Not more than.... may serve from the same congressional township.)
( ) JOHN C. CALHOUN of Township.... Range.... ( ) JAMES MADISON of Township.... Range.... ( ) .... of Township.... Range.... ( ) .... of Township.... Range....
OFFICIAL BALLOT FOR MULTI-COUNTY REGIONS
For members of the Regional Board of School Trustees
(Vote for.... At least.... shall serve from each county.)
( ) JOHN C. CALHOUN of.... County .... ( ) JAMES MADISON of.... County .... ( ) .... of.... County .... ( ) .... of.... County ....
(Source: P.A. 83-1362.)
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(105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
Sec. 6-17. Election of president - Terms of members. Except as otherwise
provided in Section 2A-54 of the Election Code, on the third
Monday in May, following the first election, or if such day is
a holiday
then the next day, the regional
superintendent of schools who shall be the ex-officio secretary of the
board shall convene the newly elected regional board of school trustees
for the purpose of organization. Except as provided in Section 2A-54 of the
Election Code, at this meeting the members shall
elect a president from among their number who shall serve as president
for a term of 2 years and shall determine by lot the length of the term
of each member so that 2 shall serve for a term of 2 years, 2 for 4
years and 3 for 6 years from the third Monday of the month
following the date of their election. Except as provided in Section 2A-54 of
the Election Code, thereafter members shall be elected
to serve for a term of 6 years from the third Monday of the month following
the date of their election or until their successors are elected and qualified.
All succeeding meetings for the purpose of organization shall be held
on the third Monday in May following the election; however, in
case the
third Monday in May is a holiday the organization meeting shall
be held
on the next day.
If educational service regions are consolidated under Section 3A-3 or
3A-4 of this Act, however, the expiring terms of members of each regional
board of school trustees in those regions being consolidated shall be
extended so as to terminate on the first Monday of August of the year that
consolidation takes effect, as defined in Section 3A-5 of this Act, and, on
such day, the Regional Superintendent of the consolidated region shall
convene all the members of each regional board of school trustees in the
consolidated region, and shall by lot select from among such trustees an
interim regional board of school trustees for the consolidated region in
accord with the specifications as to membership and residency in Section
6-2. The interim board so selected shall serve until their successors are
elected at the succeeding regular election of regional school trustees and
have qualified. A single regional board of school trustees shall be elected
at such succeeding regular election to take office on the third Monday of
the month following such election. The board elected for the consolidated
region shall be convened on such third
Monday of the month following such
election for organizational purposes, to elect a president and determine
terms for its members by lot as provided in this Section. The respective
regional boards of school trustees of educational service regions involved
in consolidations under Section 3A-3 or 3A-4 shall cease to exist at the
time the board elected for the consolidated region is so organized.
(Source: P.A. 93-847, eff. 7-30-04.)
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(105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
Sec. 6-18.
Meeting dates - Place - Quorum.
The regional board of school
trustees shall hold a regular meeting in July, October,
January and April.
With appropriate public notice, the board may cancel its regular quarterly
meeting if no issues for action have been presented to the board and it has no
pending business.
All regular meetings of the board shall be held at the office of the regional
superintendent.
Special meetings may be called by the president or by 4 members of the
board by giving a 48-hour written notice of the meeting stating the time
and place of the meeting and the purpose thereof. Public notice of meetings
must also be given as prescribed in Sections 2.02 and 2.03 of the Open
Meetings Act.
A majority of the members elected to the board shall constitute a quorum.
Unless otherwise provided a majority vote of all the board shall be required
to decide a measure.
(Source: P.A. 92-172, eff. 1-1-02.)
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(105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
Sec. 6-19. Vacancy on regional board. Subject to the residency provisions in Section 6-2 of this Code, any vacancy on the regional board of school trustees shall be filled
from the same territory by the remaining members until the next regular
election for members of the regional board of school trustees, when the
vacancy shall be filled for the unexpired time.
Removal of a member from the township from which such member was elected
into a township which has its quota of members on the board shall
constitute a vacancy.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/6-20) (from Ch. 122, par. 6-20)
Sec. 6-20.
Expenses of members.
Members of the regional board of school trustees shall serve without
remuneration; however, the necessary expenses including travel attendant
upon any meeting of the board shall be paid from the fund from which all
other expenses of the board are paid.
(Source: P.A. 78-514.)
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(105 ILCS 5/6-21) (from Ch. 122, par. 6-21)
Sec. 6-21.
Legal Representation.
Upon request, the State's Attorney
of the county, other than a county of over 3,000,000 inhabitants, where
the regional superintendent's office is located shall act as the legal
representative of the regional board of school trustees; however, where
matters arise which are within the exclusive jurisdiction of another State's
Attorney, that State's Attorney shall provide legal representation.
(Source: P.A. 82-236.)
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(105 ILCS 5/Art. 7 heading) ARTICLE 7.
BOUNDARY CHANGE
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(105 ILCS 5/7-01)
Sec. 7-01. (Repealed).
(Source: P.A. 78-514. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-01a) Sec. 7-01a. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the detachment and dissolution of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants, but includes special charter districts (except those districts organized under Article 34 of this Code) and non-high school districts.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/7-01b) Sec. 7-01b. Definition. In this Article, "legal resident voter" means a person who is registered to vote at the time a circulated petition is filed and when the regional board of school trustees renders a decision, at the address shown opposite his or her signature on the petition, and resides in the detaching territory or dissolving school district.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
Sec. 7-02. Limitations. The provisions of this Article providing for
the change in school district boundaries by detachment, annexation,
division or dissolution, or by any combination of those methods, are
subject to the provisions of this Section. Whenever due to fire,
explosion, tornado or any Act of God the school buildings or one or more of
the principal school buildings comprising an attendance center within a
school district are destroyed or substantially destroyed and rendered unfit
for school purposes, the provisions of this Article shall not be available
to permit a division of that district, or a dissolution, detachment or
annexation of any part thereof, or any combination of such
results during a period from the date of such destruction or substantial
destruction until 30 days after the second regular election of board
members following such destruction or substantial destruction. Nothing in
this Section shall be deemed to prohibit the combining of the entire
district with another entire district or with other entire districts during
such period pursuant to the provisions of Article 11E.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/7-03)
Sec. 7-03. (Repealed).
(Source: P.A. 85-1020. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04. Districts in educational service regions of 2,000,000 or more
inhabitants.
(a) In all proceedings under this Article to change by detachment,
annexation, division, dissolution, or any combination of those methods the
boundaries of any school district (other than a school district organized
under Article 34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees is
abolished as provided in subsection (a) of Section 6-2, the trustees of
schools of the township that has jurisdiction and authority over the detaching or dissolving school district, as the
successor under subsection (b) of Section 6-2 to the former regional board
of school trustees with respect to all territory located in that school
township, shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised and performed
in those proceedings by a regional board of school trustees; provided that
if any detaching or dissolving school district involved in those proceedings is not under the jurisdiction and authority of the trustees of schools of a township referred to in subsection (b) of Section 5-1, a hearing panel as established in this Section shall have, exercise, and
perform all powers, duties, and responsibilities required under this
Article to be exercised and performed in those proceedings with respect to the detaching or dissolving
school district by a regional board of school
trustees.
(a-5) As applicable, the hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the boundaries of a school district organized under Article 34 of this Code and may not be a current school board member of the detaching or dissolving or annexing school district or a current employee of the detaching or dissolving or annexing school district or hold any county office. None of the hearing panel members may reside within the same school district. All 3 persons must be selected by the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The members of a hearing panel as established in this Section shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to a proceeding under this Article must be paid. (a-10) The petition must be filed with the trustees of schools of the township with jurisdiction and authority over the detaching or dissolving school district or with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district, as applicable. The chief administrative officer of the educational service center or a person designated by the trustees of schools of the township, as applicable, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools. (b) Except as otherwise provided in this Section, all other provisions
of this Article shall apply to any proceedings under this Article to change
the boundaries of any school district located in an educational service
region having 2,000,000 or more inhabitants in the same manner that those
provisions apply to any proceedings to change the boundaries of any school
district located in any other educational service region; provided, that any
reference in those other provisions to the regional board of school trustees
shall mean, with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a regional
board of school trustees abolished under subsection (a) of Section 6-2, the
trustees of schools of the township
that is the successor under subsection (b) of Section 6-2 to the former
regional board of school trustees with respect to the territory included within
that school township or school district or the hearing panel as established by this Section.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Changing boundaries by detachment or dissolution.
(a) School district boundaries may be changed by detachment, annexation, division or dissolution
or any combination thereof by the regional board of school trustees or by the State Superintendent of Education as provided in
subsection (l) of Section 7-6. The petition must be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The petition may be filed in any office operated by the regional superintendent with supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. A petition for boundary change must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of such delivery must be presented as evidence at the hearing required under Section 7-6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in this Section or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Legal resident
voters shall be determined by the official voter registration
lists as of the date the petition is filed. No signatures shall be added or withdrawn
after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements, the regional superintendent may not accept the petition for filing and may return the petition to the petitioners. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on the merits of the petition.
Petitions for detachment and dissolution shall include the full prayer of the
petition with a general description of the territory at the top of each page. Each signature contained therein shall match the official
signature and address of the legal resident voters as recorded in the office
of the county clerk or board of election commissioners, and each petitioner
shall record the date of his or her signing. Except in instances of a notarized signature of an owner of record of real estate with no legal resident voters in any territory proposed to be detached, each page of the circulated petition shall
be signed by a circulator stating that he or she has witnessed the signature of each
petitioner on that page. Detachment petitions containing 10 or fewer signatures may be notarized in lieu of a circulator statement. Each petition shall include an accurate legal description and map of the territory proposed to be detached. If a petition proposes to dissolve an entire district, then the full name and number of the district and a map are sufficient. Each petition shall include the names of petitioners; the district to be dissolved or the district from which the territory is proposed to be detached; the district or districts to which the territory is proposed to be annexed; evidence that the detaching or dissolving territory is compact and contiguous with the annexing district or districts or otherwise meets the requirements set forth in Section 7-4 of this Code; the referendum date, if applicable; and facts that support favorable findings for the factors to be considered by the regional board of school trustees pursuant to Section 7-6 of this Code.
Where there is only one school building in an approved operating
district, the building and building site may not be included in any
detachment proceeding.
Notwithstanding any other provisions of this Code, if, pursuant to a petition filed under this subsection (a), all of the territory of a school district is to be annexed to another school district, then any action by the regional board of school trustees in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries may not be made except upon approval, at a regular scheduled election, in the manner provided by Section 7-7.7 of this Code, of a proposition for the annexation of all of the territory of that school district to the other school district. No petition may be filed under this Section to form a new school district under this Article; however, such a petition may be filed under this Section to form a new school district if the boundaries of such new school district lie entirely within the boundaries of a military base or installation operated and maintained by the government of the United States. (b) Any elementary or high school district with 100 or more of its
students residing upon territory located entirely within a military base or
installation operated and maintained by the government of the United States, or
any unit school district or any combination of the above mentioned
districts with 300 or more of its students residing upon territory located
entirely within a military base or installation operated and maintained by
the government of the United States, shall, upon the filing with the
regional board of school trustees of a petition adopted by resolution of
the board of education or a petition signed by a majority of the registered
voters residing upon such military base or installation, have all of the
territory lying entirely within such military base or installation detached
from such school district, and a new school district comprised of such
territory shall be created. The petition shall be filed with and decided
solely by the regional board of school trustees of the region in which the
regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district
affected. The regional board of school trustees shall have no authority to
deny the detachment and creation of a new school district requested in a
proper petition filed under this subsection. This subsection shall apply
only to those school districts having a population of not fewer than
1,000 and not more than 500,000 residents, as
ascertained by any special or general census.
The new school district shall tuition its students to the same
districts that its students were previously attending and the districts
from which the new district was detached shall continue to educate the
students from the new district, until the federal government provides other
arrangements. The federal government shall pay for the education of such
children as required by Section 6 of Public Law 81-874.
If a school district created under this subsection (b) has not elected a
school board
and has not become operational within 2 years after the date of detachment,
then this
district is automatically dissolved and the territory of this district reverts
to the school
district from which the territory was detached or any successor district
thereto. Any school district created
under this
subsection (b) on or before September 1, 1996 that has not elected a school
board and has
not been operational since September 1, 1996 is automatically dissolved on the
effective
date of this amendatory Act of 1999, and on this date the territory of this
district reverts
to the school district from which the territory was detached. For the
automatic dissolution of a school district created under this subsection (b),
the
regional superintendent of schools
who has
supervision and control, as defined by Section 3-14.2 of this Code, of the school district from which the territory was detached shall
certify to
the regional board of school trustees that the school district created under
this subsection
(b) has been automatically dissolved.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2)
Sec. 7-2. (Repealed).
(Source: P.A. 90-459, eff. 8-17-97. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
Sec. 7-2a.
(a) (Blank).
(b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's most recent fall enrollment counts as posted on the State Board of Education's website,
shall be dissolved and its territory annexed as provided in Section 7-11 of this Code by
the regional board of school trustees upon the filing of a petition adopted by resolution of the board of
education or signed by a majority of the legal resident voters of
the district seeking such dissolution. No petition shall be adopted or
signed under this subsection until the board of education or the
petitioners, as the case may be, shall have given at least 10 days' notice
to be published once in a newspaper having general circulation in the
district and shall have conducted a public informational meeting to inform
the residents of the district of the proposed dissolution and to answer
questions concerning the proposed dissolution. The petition shall be filed with
and decided solely by the regional board of school trustees of the region
in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the
school district being dissolved. The regional board of school trustees
shall not act on a petition filed by a board of education if within 45 days
after giving the first notice of the hearing required under Section 7-11 of this Code a petition
in opposition to the petition of the board to dissolve, signed by a
majority of the legal resident voters of the district, is filed with the
regional board of school trustees. In such an event, the dissolution petition is dismissed on procedural grounds by operation of law and the regional board of school trustees shall have no further authority to consider the petition. A dissolution petition dismissed as the result of a valid opposition petition is not subject to the limitation on successive petitions as provided in Section 7-8 of this Code, and a new petition may be filed upon receipt of the regional board of school trustees' notice stating that the original petition was dismissed by operation of law. For all petitions under this Section, the legal resident voters must be determined by the official voter registration lists as of the date the petition is filed. No signatures may be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, may not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on annexing the territory of a district being dissolved.
If no opposition petition is timely filed, the regional board of school trustees
shall have no authority to deny dissolution requested in a proper petition
for dissolution filed under this Section, but shall exercise its
discretion in accordance with Section 7-11 of this Code on the issue of annexing the
territory of a district being dissolved, giving consideration to but not
being bound by the wishes expressed by the residents of
the various school districts that may be affected by such annexation.
(Source: P.A. 99-657, eff. 7-28-16; 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)
Sec. 7-2b.
Annexation of non-coterminous territory from an elementary
or high school district.
(a) Any contiguous portion of a high school
district that constitutes 5% or less of the equalized assessed
value of the
district and 5% or less of the territory of the district shall upon
petition
of
two-thirds of the registered voters of the
territory proposed to be detached and annexed be so detached and annexed by
the regional board of school trustees if
granting such petition shall make
the affected segment of the boundaries of the high school district the
territory is
proposed to be annexed to identical, for the entirety of
such affected segment, to the boundaries of the elementary school district in
which the territory is located.
Any contiguous portion of an elementary school district that constitutes
5% or less of the equalized assessed value of the district and 5%
or less of the territory of the district shall
upon petition
of two-thirds of the registered voters of the territory proposed to be detached
and annexed be so detached and annexed by the regional board of school
trustees
if granting such petition shall make the affected segment of the boundaries of
the elementary school district the territory is proposed to be annexed to
identical, for the entirety of such affected segment, to the boundaries of the
high school district in which the territory is located.
The regional board of school trustees shall
have no authority or discretion
to hear any evidence or consider any issues except those that may be necessary
to determine whether the limitations and conditions of this Section have been
met.
No district may lose more than 5% of its equalized assessed value or more
than 5% of its territory through
petitions filed under this Section. If a petition seeks to detach territory
that would result in a cumulative total of more than 5% of a district's
equalized
assessed value or more than 5% of the district's territory being detached under
this Section, the petition shall be denied
without prejudice to its being filed pursuant to Section 7-6 of this Code.
Notwithstanding any other provision of this Section, this paragraph shall
apply to any detachments effected pursuant to the provisions of this Section as
they existed prior to the effective date of this amendatory Act of the 91st
General Assembly.
(b) At any time prior to the granting of the petition calling for the
detachment and annexation of non-coterminous territory under this Section, the
Committee of Ten designated in the petition may amend the petition to withdraw
the detachment and annexation proposal and substitute in its place a proposal
to require the school district from which the territory would have been
detached to pay the per capita tuition costs for each pupil residing in the
non-coterminous territory to attend the school district to which the territory
would have been annexed. If such amended petition is granted, the school
district from which the territory would have been detached shall pay to the
school district to which the territory would have been annexed the per capita
tuition costs as determined under Section 10-20.12a for each pupil residing in
the territory who chooses to attend the school district to which the territory
would have been annexed. Notwithstanding the provisions of Section 10-22.5,
the school district to which the territory would have been annexed shall admit
any pupil that resides in the non-coterminous territory and provide such pupils
with any services of the school. The payment and collection of tuition and any
other such matters as may need to be resolved shall be established by an
intergovernmental agreement developed between the two affected school
districts.
Section 7-6 of this Code shall apply to petitions filed under this Section
except as otherwise provided in this Section.
The changes made by this amendatory Act of the 91st General Assembly shall
not apply to petitions pending on the effective date of this amendatory Act of
the 91st General Assembly.
(Source: P.A. 91-46, eff. 6-30-99.)
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(105 ILCS 5/7-2c)
Sec. 7-2c.
Change of school district boundaries following annexation of
vacant and unincorporated territory to a contiguous municipality.
Notwithstanding any other provision of this Code, any contiguous portion of
an elementary school district may be detached from
that district and
annexed to an adjoining elementary school district, and any contiguous portion
of a high school district may be detached from that district and annexed to an
adjoining high school district, upon a petition or petitions filed under this
Section, when all of the following conditions are met with respect to each
petition so filed:
(1) The portion of the district to be so detached and | ||
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(2) The equalized assessed valuation of the taxable | ||
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(3) The portion of the district to be so detached and | ||
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A petition filed under this Section shall be filed with the State
Superintendent of Education and shall be signed by all of the owners of record
of the
vacant land that comprises the portion of the district that is to be detached
and annexed to the adjoining elementary or high school district under the
provisions of this Section. The State Superintendent shall: (i) hold a
hearing on the petition within 90 days after the date of filing; (ii) render a
decision granting or denying the
petition within 30 days after the hearing; and (iii) promptly serve a copy of
the decision by certified mail, return
receipt requested, upon the petitioners and upon the school boards of the
school districts from which the territory described in the petition is sought
to be detached and to which that territory is sought to be annexed.
The State Superintendent of Education has no authority or discretion to hear
any evidence or consider any issues at the hearing except those that may be
necessary to determine whether the limitations and conditions of this Section
have been met.
The State Superintendent of Education: (i) shall give written notice of the
time and place of the hearing, not less than 30 days prior to the date of the
hearing, to the school board of the school district from which the territory
described in the petition is to be detached and to the school board of the
school district to which that territory is to be annexed; and (ii) shall
publish notice of the hearing in a newspaper that is published in the county in
which the territory described in the petition is located and that has
circulation within the school districts whose school boards are entitled to
written notice of the hearing.
In the event that the granting of a petition filed under this Section has
become final, either through failure to seek administrative review or by the
final decision of a court on review, the change in boundaries shall become
effective forthwith and for all purposes, except that if the granting of the
petition becomes final between September 1 and June 30 of any year, the
administration of and attendance at the schools shall not be affected until the
following July 1, when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final, the date when the
change shall become effective for purposes of administration and attendance may
be accelerated or
postponed by stipulation of the school boards of the school districts from
which the territory described in the petition is detached and to which that
territory is annexed.
The decision of the State Superintendent of Education
shall be deemed an "administrative decision" as defined in Section 3-101 of the
Administrative Review Law, and any petitioner or the school board of a school
district affected by the detachment and annexation of the territory described
in the petition may within 35 days after a copy of the decision sought to be
reviewed was served by certified mail upon the party affected thereby, or upon
the attorney of record for such party, apply for a review of such decision in
accordance with the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a supersedeas, and
no further proceedings shall be had until final disposition of such review.
The circuit court of the county in which the petition is filed with the State
Superintendent of Education shall have sole jurisdiction to entertain a
complaint for such review.
This Section: (i) is not limited by and operates independently of all other
provisions of this Article, and (ii) constitutes complete authority for the
granting or denial by the State Superintendent of Education of a petition filed
under this Section when the conditions prescribed by this Section for the
filing of that petition are met.
(Source: P.A. 90-459, eff. 8-17-97.)
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(105 ILCS 5/7-2.3) (from Ch. 122, par. 7-2.3)
Sec. 7-2.3.
Annexation to special charter district.
(a) Notwithstanding any provision to the contrary contained in any
special
act or special charter of any school district, annexation of territory to
any city or village under the Illinois Municipal Code after the effective
date of this amendatory Act of 1967 does not constitute annexation of the
territory to the special charter school district nor detachment from any
school district adjacent to the special charter district. Except as
otherwise provided in subsection (b) of this Section, the boundaries of a special charter district may be changed as provided in Sections
7-2.4 through 7-2.7.
(b) If all or any part of a special charter school district is located in
a special charter city, then upon the filing with the governing body of the
special charter school district of a petition to detach the territory described
in the petition from the school district of which that territory forms a part
and to annex that territory to the special charter school district, the
territory described in the petition shall be deemed to be so detached and
annexed to the
special charter school district by operation of law, if all of the following
conditions are met: (i) the petition is signed by at least 51% of the owners of
record and 51% of the electors, if any, residing in the territory described in
the petition; and (ii) the territory described in the petition is located in
the special charter city, is contiguous to the special charter school district,
and does not include any commercially zoned properties that are contiguous to
each other and together constitute in excess of 100 acres of land and are
not separated by a State highway and that are used solely for office/research
and hotel purposes. A certified copy of the petition and the resolution or
order of the governing body of the special charter school district evidencing
the annexation of the territory
described in the petition to the special charter school district by operation
of law shall be mailed by that governing body to each school district affected
and to the regional board or boards of school trustees for the educational
service region or regions in which the affected school districts are located.
A person who is a resident of any territory described in the petition at the
time of its detachment from one school district and its annexation to a special
charter school district under this subsection, and whose child or children are
then attending school in the district from which that territory is being
detached, may elect to have that child or those children and their siblings
attend the schools of the district from which the territory is being detached.
However, in that event the special charter school district shall pay tuition in
the amount provided by law to the school district from which the territory is
detached for each of those children and siblings who attend the schools of that
district.
(Source: P.A. 89-494, eff. 6-21-96.)
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(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
Sec. 7-2.4.
A petition for detachment of territory from a special charter district with annexation to another school district, for detachment of territory from a school district with annexation to a special charter district, or for dissolution of a school district with annexation to a special charter district must be filed with the governing body of
the special charter district, and a certified copy thereof must be sent to
each other detaching, dissolving, or annexing school district and to the regional board of school trustees of the region
in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving district. A petition for such annexation
or detachment of territory must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of the delivery must be presented as evidence at any hearing required by Section 7-2.6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in Section 7-1 of this Code or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident
voters within the territory proposed to be detached,
then the petition must be signed by all of the owners of record of the real
estate of the territory. Petitions must contain all of the elements set forth in subsection (a) of Section 7-1 of this Code.
Where there is only one school building in an approved operating school
district, the building and building site may not be included in any
detachment proceeding.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
Sec. 7-2.5.
If no objection to the dissolution or detachment of
territory prayed for in a petition under Section 7-2.4 of this Code is filed with
the special charter school district or with the regional board of school
trustees within 30 days after the filing of such petition, the dissolution
or detachment of territory takes effect, subject to Section
7-9 of this Code. However, if an objection to the proposed dissolution or
detachment of territory is filed with either the special charter
district or the regional board of school trustees, the regional board of
school trustees, within 15 days after receiving the objection, shall
appoint 2 legal resident voters from the district or districts under its
jurisdiction and involved in the proposed dissolution or detachment of
territory, subject to the approval of the boards of education of the
districts involved in the proposed dissolution or detachment of territory, and the board or governing body of the special
charter district shall appoint 2 legal resident voters from the special charter
district. Those 4 appointees shall meet within 20 days of their
appointment and by a majority vote select 3 persons who reside outside
the jurisdiction of the districts involved in the proposed dissolution or
detachment of territory and who have a demonstrated interest and
background in education. If a majority of the original 4 appointees
cannot agree on the selection of the 3 additional members within 20 days
of their appointment, the State Board of Education shall
select the 3 additional persons, subject to the same criteria as
required when selection is by the 4 appointees. The 4 appointees and the
3 additional persons selected under this Section constitute the Hearing
Board and 4 members shall constitute a quorum.
Within 10 days after the Hearing Board has been selected the regional
superintendent of schools of the region in which the special charter
district is located shall call an organization meeting of said Hearing
Board.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
Sec. 7-2.6.
At its organization meeting, the Hearing Board shall
choose from its membership a chairman and a secretary. The secretary
shall cause a copy of such petition to be sent to the president of the school board of each detaching or dissolving and annexing school district and shall cause a
notice thereof to be published once in a newspaper having general
circulation within the area of the detaching or dissolving and annexing territory described in the petition. The petitioners shall pay the
expenses of publishing the notice and any transcript taken at the
hearing and mailing the final order. In case of an appeal from the decision of the Hearing Board,
the appellants shall pay the cost of preparing the record for appeal.
The notice must state when the petition was filed, the description of
the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which the
hearing upon the petition will be held, which may not be more than 30
nor less than 15 calendar days after the publication of notice. Any additional
expense not enumerated above shall be borne equally by the school
districts involved.
The Hearing Board shall hear the petition and determine the
sufficiency thereof and may adjourn the hearing from time to time or
continue the matter for want of sufficient notice or for other good
cause. The Hearing Board (a) shall hear evidence as to the school needs
and conditions of the territory in the area within and adjacent thereto,
and as to the ability of the districts affected to meet the standards of
recognition as prescribed by the State Board of Education,
(b) shall take into consideration the division of funds and assets which
will result from any change of boundaries, and the will of the people of
the area affected, and (c) shall determine whether it is to the best
interests of the schools of the area and the educational welfare of the
pupils should such change in boundaries be granted.
The Hearing Board may administer oaths, determine the admissibility
of evidence, and issue subpoenas for the attendance of witnesses and
subpoena duces tecum for the production of documents. At the hearing, any resident in
any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear
in person or by attorney in support of the petition or to object to the
granting of the petition and may present evidence in support of his or her
position through either oral or written testimony. At the conclusion of the hearing, the Hearing Board shall,
within 30 days, enter an order either granting or denying the petition. The Hearing Board shall deliver a certified copy of the order by certified mail, return receipt requested,
to the petitioners; the president of the school board of each detaching or dissolving and annexing district;
any person providing testimony in support of or opposition to the petition at the hearing; any
attorney who appears for any person; and the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of each detaching or dissolving and annexing district. The Hearing Board is not required to send a copy of the Hearing Board's order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
Within 10 days after service of the certified copy of the order granting or denying the petition, any
person so served may petition for rehearing. The petition for rehearing shall specify the reason for the request. The Hearing Board shall first determine whether there is sufficient cause for a rehearing. If so determined, then the Hearing Board shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Section. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a
petition for rehearing operates as a stay of enforcement until the Hearing Board
enters its final order on that petition for rehearing.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
Sec. 7-2.7.
The decision of the Hearing Board under Section 7-2.6 is an
"administrative decision" as defined in Section 3-101 of the Code of Civil
Procedure, and any resident,
petitioner, or board of education entitled to receive a certified copy of the Hearing Board's order may, within 35
days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education,
thereby file a complaint for
a judicial review of that decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto.
The commencement of any action for judicial review operates as a stay of
enforcement, and further proceedings must not be had until final disposition
of such review. Any change in boundaries resulting from the proceedings
under Sections 7-2.4 through 7-2.7 takes effect on the date determined
pursuant to Section 7-9 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-3) (from Ch. 122, par. 7-3)
Sec. 7-3.
Limitation on change of boundaries when bond election pending.
No petition affecting the boundaries of any school district may be filed
under this Article after the district has published the required legal
notice calling an election to authorize the issuance of bonds to be held on
a date not later than 21 days after such publication until the first of the
following events shall have occurred (1) the voters did not authorize the
issuance of the bonds at the election, (2) the bonds have been issued, (3)
the school board of the district has adopted a resolution abandoning its
plan to issue such bonds, or (4) seventy-five days have elapsed since such
election, provided that if proceedings are pending hereunder affecting the
boundaries of such district at the time the notice of such election is
published or if the district is a party to litigation affecting the
legality of its existence or its boundaries at such time, the said
seventy-five days shall not begin to run until the final determination of
such proceedings or litigation and the expiration of the time for review,
appeal or rehearing, and provided that the provisions of this section shall
be applicable only to the first such election called to be held in any one
calendar year.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
Sec. 7-4. Requirements for granting petitions. No petition shall be
granted under Section 7-1 of this Code:
(a) If there will be any non-high school territory | ||
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(b) (Blank).
(c) Unless the territory within any district whose | ||
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(1) the distance between each district | ||
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(2) every district contiguous to the district | ||
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(3) documentation of meeting these requirements | ||
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(d) (Blank).
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
Sec. 7-4.1. Copies of petition. Each petition submitted under the provisions of Section 7-1 of this Code
shall include proof of notice to owners of record of real estate with no legal resident voters in any territory proposed to be detached, if applicable, and be accompanied by sufficient copies thereof for distribution to the president of the school
board of each detaching or dissolving and annexing school district. The copies need not contain original signatures by
the petitioners as is required of the original petition.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
Sec. 7-5. Detachment set aside upon petition. If there is a recognized school district which as a result of detachment
is without a school building, the detachment may be set aside by the regional
board of school trustees of the region in which the regional superintendent
of schools had supervision and control, as defined in Section 3-14.2 of this Code, prior to the detachment upon
petition by two-thirds of the eligible voters in the school district after
such detachment and the detached area. The regional board of school trustees
shall conduct a hearing upon the petition as prescribed and in the manner
provided in Section 7-6 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
Sec. 7-6. Petition filing; notice; hearing; decision.
(a) The secretary of the regional board of school trustees or his or her designee, the chief administrative officer of an educational service center under Section 7-04 of this Code or his or her designee, or the person designated by the trustees of schools of the township in accordance with subsection (a-10) of Section 7-04 of this Code, as appropriate, shall receive the filing of the petition, make the determination of validity in accordance with subsection (a) of Section 7-1 of this Section, publish the notice, conduct the hearing, and issue the final order. Upon the filing of a petition with the secretary of the regional board
of school trustees under the provisions of Section 7-1 of this Code,
the secretary shall cause a copy of such petition to be given to the president of the school
board of each detaching or dissolving and annexing school district and
shall cause a notice thereof to be published once in a newspaper having
general circulation within the area of the detaching or dissolving and annexing territory described in the
petition.
(b) (Blank).
(b-5) If a petition filed under Section 7-1 of this Code proposes to annex all the territory of a school district to another
school district, the petition shall request the
submission of a proposition at a regular scheduled election for the purpose of
voting for or against the annexation of the
territory described in the petition to the school district proposing to annex
that territory. No petition filed or election held under this Article shall be
null and void, invalidated, or deemed in noncompliance with the Election Code
because of a failure to publish a notice with respect to the petition or
referendum as required under subsection (g) of Section 28-2 of that Code for
petitions that are not filed under this Article or Article 11E
of this Code.
(c) When a petition contains more than 10 signatures the petition shall
designate a committee of 10 of the petitioners as attorney in fact for all
petitioners, any 7 of whom may make binding stipulations on behalf of all
petitioners as to any question with respect to the petition or hearing, and the regional board of school trustees may accept such
stipulation in lieu of evidence or proof of the matter stipulated. The
committee of petitioners shall have the same power to stipulate to
accountings or waiver thereof between school districts; however, the
regional board of school trustees may refuse to accept such stipulation.
Those designated as the committee of 10 shall serve in that capacity until
such time as the regional superintendent of schools or the committee of 10
determines that, because of death, resignation, transfer of residency from the
territory, or failure to qualify, the office of a particular member of the
committee of 10 is vacant. Upon determination that a vacancy exists, the
remaining members shall appoint a petitioner to fill the designated vacancy on
the committee of 10. The appointment of any new members by the committee of 10
shall be made by a simple majority vote of the remaining designated members.
(d) The petition may be amended to withdraw not to exceed a total of 10%
of the territory in the petition at any time prior to the hearing; provided that the petition shall after amendment comply with the
requirements as to the number of signatures required on an original petition.
(e) The petitioners shall pay the expenses of publishing the notice and
any transcript taken at the hearing and mailing the final order; and, in case of an
appeal from the decision of the regional board of school trustees or State
Superintendent of Education in cases determined under subsection (l) of
this Section, the appellants shall pay the cost of preparing the record
for appeal. The regional superintendent of schools with whom the petition is filed may request a deposit at the time of filing to cover expenses as provided in this subsection (e).
(f) The notice shall state when the petition was filed, the description
of the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which
the hearing upon the petition will be held, which shall not
be more than 30 nor less than 15 calendar days after the publication of notice.
(g) Prior to the hearing, the secretary of the regional board of school trustees shall submit to the regional board of school trustees maps showing the districts involved and a written report of the financial and educational conditions of the districts involved and the probable effect of the proposed changes. The reports and maps submitted must be made a part of the record of the proceedings of the regional board of school trustees. A copy of the report and maps submitted must be sent by the secretary of the regional board of school trustees to the president of the school board of each detaching or dissolving and annexing school district not less than 5 days prior to the day upon which the hearing is to be held.
(h) On the hearing day or on a day to which the regional board of school trustees shall continue the hearing, the regional board of school trustees shall hear the petition but may adjourn the hearing from time to time or may continue the matter for want of sufficient notice or other good cause.
(h-5) Except for motions and briefs challenging the validity of a petition or otherwise challenging the jurisdiction of the regional board of school trustees to conduct a hearing on a petition and except for motions and briefs related to the type of evidence the regional board of school trustees may consider under subsection (i) of this Section, no other motions, pleadings, briefs, discovery requests, or other like documents may be filed with the regional board of school trustees or served on other parties, and the regional board of school trustees shall have no authority to consider such documents, except that if a legal issue arises during a hearing, then the regional board of school trustees may, at its discretion, request briefs to be submitted to it on that issue. (i) The regional board of school trustees shall
hear evidence as to the school needs and conditions of the
territory in the area within and adjacent thereto and the
effect detachment will have on those needs and conditions and
as to the ability of the detaching or dissolving and annexing school districts to meet the
standards of recognition as prescribed by the State Board of
Education, shall take into consideration the division of
funds and assets that will result from the change of
boundaries, and shall determine whether it is in the best
interests of the schools of the area and the direct educational
welfare of the pupils that such change in boundaries be
granted. If non-high school territory is contained in
the petition, the normal high school attendance pattern of the
pupils must be taken into consideration. However, upon resolution by the
regional board of school trustees, the secretary thereof shall conduct the hearing upon any boundary petition and present a transcript of such
hearing to the trustees, who shall base their decision upon the
transcript, maps, and information and any presentation of
counsel. In the instance of a change of boundaries through detachment:
(1) When considering the effect the detachment will | ||
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(2) The community of interest of the petitioners and | ||
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(3) When petitioners cite an annexing district | ||
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(4) The regional board of school trustees may not | ||
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(5) The regional board of school trustees may not | ||
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The factors in subdivisions (1) through (5) of this subsection (i) are applicable whether or not there are children residing in the petitioning area at the time the hearing is conducted. If the regional board of school trustees grants a petition to change school district boundaries, then the annexing school district shall determine the attendance center or centers that children from the petitioning area shall attend. (j) At the hearing, any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear in person or by an attorney in support of the
petition or to object to the granting of the petition and may present
evidence in support of his or her position through either oral or written testimony.
(k) At the conclusion of the hearing, the regional superintendent of schools as secretary to the regional board of school trustees shall, within 30 days, enter an order either granting or denying the petition. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for a person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
(l) Notwithstanding the foregoing provisions of this Section, if
within 12 months after a petition is submitted under the provisions of
Section 7-1 of this Code the petition is not approved or denied by the regional board of
school trustees and the order approving or denying that petition entered and
a copy thereof served as provided in this Section, petitioners may submit a copy of the petition directly to the State
Superintendent of Education for approval or denial. The copy of the petition
as so submitted shall be accompanied by a record of all proceedings had with
respect to the petition up to the time the copy of the petition is submitted to
the State Superintendent of Education (including a copy of any notice given or
published, any certificate or other proof of publication, copies of any maps or
written report of the financial and educational conditions of the school
districts affected if furnished by the secretary of the regional board of
school trustees, copies of any amendments to the petition and stipulations
made, accepted or refused, a transcript of any hearing or part of a hearing
held, continued or adjourned on the petition, and any orders entered with
respect to the petition or any hearing held thereon). The petitioners submitting the petition and record of
proceedings to the State Superintendent of Education shall give written notice
by certified mail, return receipt requested, to the regional board of school
trustees and to the secretary of that board and to the detaching or dissolving and annexing school districts that the petition has been
submitted to the State Superintendent of Education for approval or denial and
shall furnish a copy of the notice so given to the State Superintendent of
Education. The cost of assembling the record of proceedings for submission to
the State Superintendent of Education shall be the responsibility of the petitioners that submit the petition and
record of proceedings to the State Superintendent of Education. When a
petition is submitted to the State Superintendent of Education in accordance
with the provisions of this paragraph:
(1) The regional board of school trustees loses all | ||
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(2) All jurisdiction over the petition and the right | ||
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(3) The State Superintendent of Education shall not | ||
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(4) If so directed by the State Superintendent of | ||
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(5) The State Superintendent is authorized to conduct | ||
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(6) The State Superintendent of Education or the | ||
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(m) (Blank).
(n) Within 10 days after service of a copy of the order granting or
denying the petition, any person so served may petition for a rehearing. The petition for rehearing shall specify the reason for the request. The regional board of school trustees shall first determine whether there is sufficient cause for a rehearing. If so determined, then the regional board of school trustees shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Article. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The
filing of a petition for rehearing shall operate as a stay of enforcement
until the regional board of school trustees or State Superintendent of Education
in cases determined under subsection (l) of this Section enters the final
order on such petition for rehearing.
(o) If a petition is required under the provisions of subsection (b-5) of this
Section to request submission of a proposition at a regular scheduled
election for the purpose of voting for or against the annexation of the
territory described in the petition to the
school district proposing to annex that territory, and if the petition is
granted or approved by the regional board of school trustees
or by the State Superintendent of Education, the proposition shall be placed on
the ballot at the next regular scheduled election.
(Source: P.A. 99-475, eff. 1-1-16; 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
Sec. 7-7. Administrative Review Law. The decision of the regional board
of school trustees or the decision of the State
Superintendent of Education in cases determined pursuant to subsection (l)
of Section 7-6 of this Code shall be deemed an "administrative decision" as defined in
Section 3-101 of the Code of Civil Procedure; and any resident, petitioner, or board of education entitled to receive a certified copy of the regional board of school trustees' order may, within 35 days after a copy of the decision sought to be
reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education, thereby file
a complaint for a judicial review of such decision in accordance with the
Administrative Review Law and the rules adopted pursuant thereto. The
commencement of any action for judicial review shall operate as a stay of
enforcement, and no further proceedings shall be had until final
disposition of such review. The circuit court of the
county in which the dissolving district or detaching territory is located shall have sole jurisdiction to entertain a complaint for such
review. In instances in which the dissolving district or detaching territory overlies more than one county, the circuit court of the county where a majority of the territory of the dissolving district or a majority of the territory of the detaching territory is located shall have sole jurisdiction to entertain a complaint for such review.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-7.5)
Sec. 7-7.5.
Holding of elections.
(a) Elections provided by this Article shall be conducted in accordance
with the general election law.
(b) The notice shall be in substantially the following form:
NOTICE OF REFERENDUM FOR ANNEXATION
BY ..... (Name of Annexing District)
OF ALL TERRITORY OF ..... (Name Of
District Or Districts All Of
Whose Territory Is To Be Annexed)
NOTICE is hereby given that on (insert date), a | ||
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The territory which now comprises all of the | ||
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The territory which now comprises ..... (name of | ||
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The election is called and will be held pursuant to | ||
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Dated (insert date).
Regional Board of School Trustees (or State
Superintendent of Education)
By....................................
(Source: P.A. 90-459, eff. 8-17-97; 91-357, eff. 7-29-99.)
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(105 ILCS 5/7-7.6)
Sec. 7-7.6.
Ballots.
The ballot shall be in substantially the following
form:
OFFICIAL BALLOT
Shall the following described territorycomprising all of the territoryof ..... (name of school district or YESdistricts) of ...... County, Illinoisbe annexed to and made a part of ..... (name of annexing school district)of ....... County, Illinois? NO(Here describe such territory.)
(Source: P.A. 90-459, eff. 8-17-97.)
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(105 ILCS 5/7-7.7)
Sec. 7-7.7.
Passage requirements.
The proposition for the annexation of
all of the territory of one or more school districts to another school district
shall be submitted to the voters of the annexing district and the voters of
each
district all of the territory of which is to be annexed to the annexing
district, and if a majority of the voters in each such district who vote on the
proposition vote in favor of the proposition, the proposition shall be deemed
to have passed.
(Source: P.A. 90-459, eff. 8-17-97.)
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(105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
Sec. 7-8. Limitation on successive petitions. No territory, nor any part thereof,
which is involved in any proceeding
to change the boundaries of a school district by detachment or dissolution from such school district of such territory, and which, after a hearing on the merits of the petition or referendum vote, is not so
detached or dissolved, shall be again involved in proceedings to change the
boundaries of such school district
for at least 2 years after final
determination of such first proceeding, unless during that 2-year period a
petition filed is substantially different than any other previously filed
petition during the previous 2 years or if a school district involved is
identified as a priority district under Section 2-3.25d-5 of this Code, is placed on the financial
watch list by the State Board of Education, or is certified as being in
financial difficulty during that 2-year
period or if such first proceeding involved a petition brought under
Section 7-2b of this Article 7. The 2-year period is counted beginning from the date of a final administrative decision after all appeal timelines have run, upon final court order after all appeal timelines have run, or upon the certification of the election results in the event of a dissolution. The 2-year period is 2 calendar years.
(Source: P.A. 99-193, eff. 7-30-15; 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
Sec. 7-9. Effective date of change. In the event that the granting of a petition has become final,
through failure to seek administrative review, by the final decision
of a court on review if no further appeal is taken, or upon certification of election results in the event of a dissolution, the change in boundaries shall become effective the following July 1. The school boards of the districts as they existed prior to the change shall exercise the same power and authority over such territory until such date, unless accelerated or postponed by stipulation of
the school boards of each detaching or dissolving and annexing school district and approval by the regional
board of school trustees
with which the original petition is required to be filed.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
Sec. 7-10. Map
showing change; filed. Within 30 days after the boundaries of any school district have been
changed, the regional superintendent of schools shall
make and file with the county clerk or clerks a map of any detaching, dissolving, or annexing school districts,
whereupon the county clerks shall extend taxes against the territory in
accordance therewith; provided that if an action to review such decision
under Section 7-7 of this Code is taken, the regional superintendent of schools shall not
file the map with the county clerk until after he or she is served with a
certified copy of the order of the final disposition of such review.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-10.5) Sec. 7-10.5. Teacher transfer. When dissolution and annexation become effective for purposes of administration and attendance as determined pursuant to Section 7-9 or 7-11 of this Code, as applicable, the positions of teachers in contractual continued service in the district being dissolved are transferred to an annexing district or to annexing districts pursuant to the provisions of subsection (h) of Section 24-11 of this Code relative to teachers having contractual continued service status whose positions are transferred from one school board to the control of a different school board, and those said provisions of subsection (h) of Section 24-11 of this Code shall apply to the transferred teachers. In the event that the territory is added to 2 or more districts, the decision on which positions are to be transferred to which annexing districts must be made giving consideration to the proportionate percentage of pupils transferred and the annexing districts' staffing needs, and the transfer of specific individuals into such positions must be based upon the request of those teachers in order of seniority in the dissolving district. The contractual continued service status of any teacher thereby transferred to an annexing district is not lost and the different school board is subject to this Code with respect to the transferred teacher in the same manner as if the teacher was that district's employee and had been its employee during the time the teacher was actually employed by the school board of the dissolving district from which the position was transferred.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
Sec. 7-11. Annexation of dissolved non-operating districts. If any school district has become dissolved as provided in Section 5-32 of this Code,
or if a petition for dissolution is filed under
Section 7-2a of this Code, the regional board of school trustees shall attach the
territory of such
dissolved district to one or more districts and, if the territory is added
to 2 or more districts, shall divide the property of the dissolved
district among the districts to which its territory is added, in the manner
provided for the division of property in case of the organization of a new
district from a part of another district.
The regional board of school trustees of the region in which the regional
superintendent has supervision and control, as defined in Section 3-14.2 of this Code, over the school district that is dissolved
shall have all power necessary to annex the territory of the dissolved
district as provided in this Section, including the power to attach the
territory to a school district under the supervision and control of the regional
superintendent of another educational service region and, in the case of Leepertown CCSD 175, the power to attach the territory to a non-contiguous school district if deemed in the best interests of the schools of the area and the educational welfare of the pupils involved. The annexation of
the territory of a dissolved school district under this Section shall
entitle the school districts involved in the annexation to payments from
the State Board of Education in the same manner and to the same extent
authorized in the case of other annexations under this Article. Other
provisions of this Article 7 of this Code shall apply to and govern
dissolutions and annexations under this Section and Section 7-2a of this Code, except
that it is the intent of the General Assembly that in the case of conflict the
provisions of this Section and Section 7-2a of this Code shall control over the other
provisions of this Article.
The regional board of school trustees shall give notice of
a hearing, to be held not less than 50 days nor more than 70 days after a
school district is dissolved under Section 5-32 of this Code or a petition is filed
under Section 7-2a of this Code, on
the disposition of the territory of such school district by publishing a
notice thereof at least once each week for 2 successive weeks in at least
one newspaper having a general circulation within the area of the territory
involved. At such hearing, the regional board of school trustees shall hear
evidence as to the school needs and conditions of the territory and of the
area within and adjacent thereto, and shall take into consideration the
educational welfare of the pupils of the territory and the normal high
school attendance pattern of the children. In the case of an elementary
school district, except for Leepertown CCSD 175, if all the eighth grade graduates of such district
customarily attend high school in the same high school district, the
regional board of school trustees shall, unless it be
impossible because of the
restrictions of a special charter district, annex the territory of the
district to a contiguous elementary school district whose eighth grade
graduates customarily attend that high school, and that has an elementary
school building nearest to the center of the territory to be annexed, but
if such eighth grade graduates customarily attend more than one high school
the regional board of school trustees shall determine the
attendance pattern
of such graduates and divide the territory of the district among the
contiguous elementary districts whose graduates attend the same respective
high schools.
At the conclusion of the hearing, the regional superintendent of schools, as secretary to the regional board of school trustees, shall, within 10 days, enter an order detailing the annexation of the dissolved district. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for any person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district, if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the annexation decision. The decision of the regional board of school trustees shall be deemed an "administrative decision" as defined in
Section 3-101 of the
Code of Civil Procedure, and any resident, petitioner, or school board entitled to receive a certified copy of the regional board of school trustees' order may, within 10 days after a copy of the decision sought
to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or school board,
thereby file a complaint for the judicial review of
such decision in accordance with the Administrative Review Law and the rules adopted pursuant
thereto. The commencement of any action for review shall operate as a stay
of enforcement, and no further proceedings shall be had until final
disposition of such review.
The final decision of the regional board of school trustees or of any
court upon judicial review shall become effective under Section 7-9 of this Code in the
case of a petition for dissolution filed under Section
7-2a of this Code, and a final decision shall become effective immediately following the
date no further appeal is allowable in the case of a district dissolved
under Section 5-32 of this Code.
Notwithstanding the foregoing provisions of this Section or any other
provision of law to the contrary, the school board of the Mt. Morris School
District is authorized to donate to the City of Mount Morris, Illinois the
school building and other real property used as a school site by the Mt. Morris
School District at the time of its dissolution, by appropriate resolution
adopted by the school board of the district prior to the dissolution of the
district; and upon the adoption of a resolution by the school board donating
the school building and school site to the City of Mount Morris, Illinois as
authorized by this Section, the regional board of school trustees or other
school officials holding legal title to the school building and school site so
donated shall immediately convey the same to the City of Mt. Morris,
Illinois.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
Sec. 7-12. Termination of office. Upon the close of the then current school year during which any school
district is annexed to another school district under any of the provisions
of this Article, the terms of office of the school directors or board of
education members of the annexed school district shall be terminated and
the school board of the annexing district shall perform all the duties and
have all the powers of the school board of the annexed district. The
annexing district as it is constituted on and after the time of such
annexation shall receive all the assets and assume all the obligations and
liabilities including the bonded indebtedness of the original annexing
district and of the district annexed. The tax rate for such assumed bonded
indebtedness shall be determined in the manner provided in Article 19 of
this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-13)
Sec. 7-13. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
Sec. 7-14. Bonded indebtedness-Tax rate.
(a) Beginning on January 1, 2015, whenever the boundaries of any school district are changed by the attachment or detachment of territory, the territory that is detached shall remain liable for its proportionate share of the bonded indebtedness of the school district from which the territory is detached. The annexing district shall not, except pursuant to the approval of a resolution by the school board of the annexing district prior to the effective date of the change of boundaries, assume or be responsible for any of the bonded indebtedness of the district from which the territory is detached. If the annexing district does not assume the detaching territory's proportionate share of the bonded indebtedness of the district from which the territory is detaching, a tax rate for that bonded indebtedness shall be determined in the manner provided in Section 19-7 of this Code, and the county clerk or clerks shall annually extend taxes for each bond outstanding on the effective date of the change of boundaries against all of the taxable property situated within the territory that is detached and within the detaching district. After the effective date of the change of boundaries, all of the property situated within the annexing school district, including the detaching territory, shall be liable for the bonded indebtedness of that district as it exists on the effective date of the change of boundaries and any date thereafter.
(b) Whenever a school district with bonded indebtedness has become dissolved
under this Article and its territory annexed to another district, the
annexing district or districts shall not, except by action pursuant to
resolution of the school board of the annexing district prior to the effective
date of the annexation, assume the bonded indebtedness of the dissolved
district; nor, except by action pursuant to resolution of the school
board of the dissolving district, shall the territory of the dissolved
district assume the bonded indebtedness of the annexing district or districts.
If the annexing district or districts do not assume the bonded indebtedness of
the dissolved district, a tax rate for the bonded indebtedness shall be
determined in the manner provided in Section 19-7, and the county clerk or
clerks shall annually extend taxes for each outstanding bond issue against
all the taxable property that was situated within the boundaries of the
district as the boundaries existed at the time of the issuance of each bond
issue regardless of whether the property is still contained in that same
district at the time of the extension of the taxes by the county clerk
or clerks.
(c) Notwithstanding the provisions of Section 19-18 of this Code, upon resolution of the school board, the county clerk must extend taxes to pay the principal of and interest on any bonds issued exclusively to refund any bonded indebtedness of the annexing school district against all of the taxable property that was situated within the boundaries of the annexing district as the boundaries existed at the time of the issuance of the bonded indebtedness being refunded and not against any of the taxable property in the dissolved school district, provided that (i) the net interest rate on the refunding bonds may not exceed the net interest rate on the refunded bonds, (ii) the final maturity date of the refunding bonds may not extend beyond the final maturity date of the refunded bonds, and (iii) the tax levy to pay the refunding bonds in any levy year may not exceed the tax levy that would have been required to pay the refunded bonds for that levy year. The provisions of this subsection (c) are applicable to school districts that were dissolved and their territory annexed to another school district pursuant to a referendum held in April of 2003. The provisions of this subsection (c), other than this sentence, are inoperative 2 years after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 99-475, eff. 1-1-16.)
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(105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
Sec. 7-14A. Annexation compensation. There shall be no accounting
made after a mere change in boundaries when no new district is created, except that those districts whose enrollment increases by 90% or more as a result of annexing territory detached from another district pursuant to this Article are eligible for supplementary State aid payments in accordance with Section 11E-135 of this Code. Eligible annexing districts shall apply to the State Board of Education for supplementary State aid payments by submitting enrollment figures for the year immediately preceding and the year immediately following the effective date of the boundary change for both the district gaining territory and the district losing territory. Copies of any intergovernmental agreements between the district gaining territory and the district losing territory detailing any transfer of fund balances and staff must also be submitted. In all instances of changes in boundaries,
the district losing territory shall
not count the average daily attendance of pupils living in the territory
during the year preceding the effective date of the boundary change in its
claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school year following
the effective date of the change in boundaries and the district receiving
the territory shall count the average daily attendance of pupils living in
the territory during the year preceding the effective date of the boundary
change in its claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school
year following the effective date of the change in boundaries. The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004.
(Source: P.A. 99-657, eff. 7-28-16; 100-465, eff. 8-31-17.)
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(105 ILCS 5/7-27)
Sec. 7-27. (Repealed).
(Source: Laws 1967, p. 470. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-28)
Sec. 7-28. (Repealed).
(Source: P.A. 88-155. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
Sec. 7-29. Limitation on contesting boundary change. No action
contesting the annexation of any territory to
a school district shall commence unless brought within
2 calendar years after (i) the order annexing the territory shall have become final in the event of a detachment or (ii) the election results shall have been certified in the event of a dissolution. Where a limitation of a
shorter period is prescribed by statute, such shorter limitation shall
apply. The limitation set forth in this Section shall not apply to jurisdictional challenges.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-30)
Sec. 7-30. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/7-31) Sec. 7-31. Applicability of amendatory Act. For any petition filed with the regional superintendent of schools under this Article prior to the effective date of this amendatory Act of the 100th General Assembly, including a petition for a rehearing pursuant to subsection (n) of Section 7-6 of this Code, the proposed action described in the petition, including all notices, hearings, administrative decisions, ballots, elections, and passage requirements relating thereto, shall proceed and be in accordance with the law in effect prior to the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/Art. 7A heading) ARTICLE 7A.
UNIT SCHOOL DISTRICT CONVERSION
IN DISTRICTS WITH NOT MORE THAN 250 STUDENTSIN GRADES 9 THROUGH 12(Repealed)(Source: Repealed by P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/Art. 7C heading)
ARTICLE 7C
- TRANSFER OF HIGH SCHOOL DISTRICT TERRITORY
(Repealed)(Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/Art. 8 heading) ARTICLE 8.
TREASURERS
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(105 ILCS 5/8-1) (from Ch. 122, par. 8-1)
Sec. 8-1. Treasurers.
(a) Except as otherwise provided in subsections (b) and (c), in
Class II county school units the trustees of schools shall appoint a
treasurer who shall be ex-officio clerk of the board. The term of the
township treasurer shall be for a 2 year period beginning and ending on the
first of July. The treasurer shall be a resident of the township, but not a
trustee, or school board member. He shall attend all meetings and keep a
record of the official proceedings of the trustees of schools. Such record
shall be open to public inspection. All proceedings, when recorded, shall
be signed by the president and the clerk. If the clerk is absent, or
refuses to perform any of his duties, a clerk pro tempore may be appointed.
For sufficient cause the treasurer may be removed from office by the
trustees of schools. In case of a vacancy the trustees of schools shall
elect a treasurer for the unexpired term.
(b) In Class I county school units, and in each school district
which forms a part of a Class II county school unit but which has withdrawn
from the jurisdiction and authority of the trustees of schools of the
township in which such school district is located and from the jurisdiction
and authority of the township treasurer in such Class II county
school unit as provided in subsection (b) of Section 5-1, each
school board shall either elect one of its members to serve as treasurer
without salary for a period of one year or appoint someone, not a member of
the school board, as its treasurer, and, except as provided in this
Section the board shall fix his compensation. An appointed treasurer shall
serve at the pleasure of the board. An appointed treasurer shall be at
least 21 years of age, of approved integrity, but not a member of the
county board of school trustees. The records of the treasurer shall be open
to public inspection. Two or more such districts may appoint the same
treasurer. In case of a vacancy caused by the death, resignation or the
removal from office of the school treasurer the school board shall appoint
a treasurer. The school board may determine the temporary incapacity of
its treasurer occasioned by illness, absence from the district or any other
cause which prevents the prompt performance of his duties and appoint an
acting treasurer to serve until the board determines such temporary
incapacity no longer exists.
(c) The school board of each elementary school, high school and unit
school district that forms a part of a
Class II county school unit and that was under the jurisdiction and
authority of the township treasurer and trustees of schools of a township
at the time those offices were abolished in that township as provided in
subsection (c) of Section 5-1 shall appoint a person to serve as treasurer
of the school board. The term of each school treasurer appointed under
this subsection shall be for a 2 year period beginning and ending on the
first day of July. A person appointed under this subsection to serve as
treasurer of a school board shall not be the superintendent of schools of the school district. A person
appointed and serving under this subsection as treasurer of a school board
may concurrently serve as the treasurer of the regional board of school
trustees, if selected to serve in that capacity by the regional board of
school trustees, as provided in subsection (c) of Section 5-1. The school
board shall fix the compensation of its school treasurer, and for
sufficient cause may remove the school treasurer from office. However, if a member of the school board is also school treasurer, he or she shall perform his or her duties as school treasurer without compensation. In the case
of a vacancy, the school board shall appoint a school treasurer for the
unexpired term. The school board may determine the temporary incapacity of
its treasurer due to illness, absence from the district, or other cause
that prevents the prompt performance of his duties and may appoint an
acting treasurer to serve until the school board determines that the
temporary incapacity of its treasurer no longer exists.
(d) After October 1, 1977, each treasurer in a Class I county school
unit appointed under this Section for his first term shall have a financial
background or related experience or 12 semester hours of credit of college
level accounting.
(e) After August 14, 1989, any treasurer appointed under this Section
for his first term in Class II county school units, including any person
appointed by a school board to serve as its treasurer as provided in
subsection (c) of this Section, shall be a certified
public accountant or a certified chief school business official as defined
in part (3) of Section 21-7.3 of this Act. Experience as a township
treasurer in a Class II county school unit prior to July 1, 1989 shall be
deemed the equivalent of certification.
(f) Concurrently with the election or appointment of its own school
treasurer by the school board of a school district which forms a part of a
Class II county school unit but which no longer is subject to the
jurisdiction and authority of a township treasurer or trustees of schools
of a township because the district has withdrawn from the jurisdiction and
authority of the township treasurer and trustees of schools of the township
or because those offices have been abolished as provided in
subsection (b) or (c) of Section 5-1, all funds, accounts, moneys, notes,
bonds, mortgages and effects then held by such township treasurer on behalf or
for the use and benefit of, or then credited by such township treasurer to any
fund or account of such school district shall thereupon be transferred and
paid over by such township treasurer to the school treasurer elected or
appointed by the school board of such school district. In addition the
school treasurer of such school district shall have the right, at all
reasonable times, to inspect all cash books, loan books, district account
books and journals kept by such township treasurer as provided in Section
8-5 and to copy or otherwise reproduce such portions thereof as such school
treasurer deems necessary for the performance of his duties.
(g) Upon the abolition of the offices of the township treasurer and
trustee of schools of a township as provided in subsection (c) of Section
5-1, and subject to the limitation of subsection (b) of Section 8-5 with
respect to certain records to be surrendered to the regional board of
school trustees, and except as otherwise provided in subsection (c) of
Section 5-1 with respect to the common school lands and township loanable
funds of that township and with respect to the records, books and accounts
relating to those common school lands and township loanable funds, all
school funds and accounts, moneys, notes, bonds, securities, district
account books and other documents, records and effects then held by the
former township treasurer on behalf or for the use and benefit of, or then
credited by the former township treasurer to any fund or account of any
school district that was under the jurisdiction and authority of the
township treasurer at the time the office of that township treasurer was
abolished shall thereupon be transferred and paid over by the former
township treasurer to the appropriate school treasurer appointed by the
school board of each such district under subsection (c) of this Section 8-1.
(h) If the school district of a school treasurer elected or appointed under
this Section is receiving emergency State financial assistance under
Article 1B, that school treasurer is subject to the provisions of Article 1B.
(Source: P.A. 96-538, eff. 8-14-09.)
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(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
Sec. 8-2. Bond of treasurer. Before entering upon his duties, each school
treasurer shall execute a bond with a surety company authorized to do
business in this State, as sureties, payable to the township trustees of
schools in Class II county school units and to the school board of each
district for which he or she is treasurer or its successors in office in
Class I county school units and conditioned upon the faithful discharge of
his or her duties, except that the bond required of the school treasurer of
a school district which is located in a Class II county school unit but
which no longer is subject to the jurisdiction and authority of a township
treasurer or trustees of schools of a township because the district has
withdrawn from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1 shall be
payable to the school board of each district for which he or she is
treasurer or its successor in office and conditioned upon the faithful
discharge of his or her duties. The penalty of the bond shall be determined by the school board in an amount no less than 10%
of the amount of all bonds, notes, mortgages, moneys and effects of
which he is to have the custody as measured on the final day of the school district's most recent fiscal year. The bond of the township
treasurer shall be approved by at least
a majority of the township trustees in Class II county school units;
provided that in those school districts that are located in a Class II
county school unit but are no longer subject to the jurisdiction and
authority of a township treasurer and trustees of schools of a township
(because the districts have withdrawn from the jurisdiction and authority
of the township treasurer and trustees of schools of the township or
because those offices have been abolished as provided in subsection (b) or
(c) of Section 5-1) and in Class I county school units, the bond shall be
approved by at least a majority of the members of the school board; and in
all cases the bond shall be filed with the regional superintendent of
schools who shall file with the State Board of Education before September 1
in each year an affidavit showing which treasurers of school districts
under his supervision and control are properly bonded. The bond shall be in
the following form:
STATE OF ILLINOIS.......... COUNTY
We, AB, CD and EF, are obligated, jointly and severally, to the
(School Board of District No. ...., or trustees of township .... range ....)
in the above mentioned county or successors in office, in the penal sum of
$...., for the payment of which we bind ourselves, our heirs, executors and
administrators.
Dated (insert date).
The condition of this obligation is such that if
AB, school treasurer in the above stated county, faithfully discharges
the duties of his or her office, according to law, and delivers to his or her
successor in office, after such successor has qualified by giving
bond as provided by law, all moneys, books, papers, securities and control,
which have come into his or her possession or control, as such school
treasurer, from the date of his or her bond to the time that his or her
successor has qualified as school treasurer, by giving such bond as
required by law, then this obligation to be void; otherwise to remain
in full force and effect.
Approved and accepted by: A.... B.... (Signature) C.... D.... (Signature) E.... F.... (Signature) G.... H.... (Signature) I.... J.... (Signature) K.... L.... (Signature)
(Board of Education or Board of
Directors of District No. .....
By ....
President Secretary or Clerk
or ....
.... Township Trustees)
No part of the State or other school fund shall be paid to any school
treasurer or other persons authorized to receive it unless such
treasurer has filed his or her bond, or if reelected, has renewed his or her
bond and filed it as required by law.
(Source: P.A. 103-49, eff. 6-9-23.)
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(105 ILCS 5/8-3) (from Ch. 122, par. 8-3)
Sec. 8-3.
Compensation.
Each school treasurer shall receive in full, for his services, a
compensation to be fixed, prior to his appointment, and such compensation
shall not be decreased during his term of office.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-4) (from Ch. 122, par. 8-4)
Sec. 8-4.
High school districts to pay share of compensation and
expenses. Each elementary school district, community high school district
and township high school district - excepting, however, any school
district that no longer is subject to the jurisdiction and authority of a
township treasurer or trustees of schools of a township because the
district has withdrawn from the jurisdiction and authority of the township
treasurer and trustees of schools of the township or because those offices
have been abolished as provided in subsection (b) or (c) of Section 5-1 --
shall pay a proportionate share of the compensation of the township
treasurer serving such district or districts and a proportionate share of
the expenses of the township treasurer's office, which compensation and
expenses shall be determined by dividing the total amount of all school
funds handled by the township treasurer by such amount of the funds as
belongs to each such elementary school district or high school district.
(Source: P.A. 86-1441; 87-473.)
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(105 ILCS 5/8-5) (from Ch. 122, par. 8-5)
Sec. 8-5.
Books and accounts.
(a) The township treasurer shall be provided by the trustees of schools
with a cash book, a loan book, a district account book, and a journal.
In the cash book he shall enter in separate accounts all moneys received
and paid out, with the amount, date, from whom, to whom and on what
account received or paid out; or, if loaned, the date, to whom, and the
amount. Moneys received shall be charged to debit account, and moneys
paid out shall be credited as follows: First, to the principal of the
township fund; second, to the interest of the township fund; third, to
the common school fund and other funds; fourth, to the taxes received
from the county or town collector, and for what districts received;
fifth, donations; sixth, moneys coming from all other sources; in all
cases entering the date when received, and when paid out.
In the loan book he shall enter a record of all school funds loaned,
with the amount to whom, date, time, when due, and the rate of interest,
the interest paid, and a description of the securities.
In the district account book he shall post from the cash book all
receipts and expenditures on account of any district, with the amount,
date, from or to whom, and from what sources and for what purposes.
In the journal he shall record at length the acts and proceedings of
the trustees of schools, their orders, by-laws and resolutions.
The township treasurer shall keep his accounts in the manner directed
by the State Board of Education, the regional superintendent
of schools or the trustees of schools; and they shall be subject at all
times to the inspection of the trustees, the directors or school board
members or other persons authorized by this Act or of any committee
appointed by the voters of the township at the election of
trustees to examine them.
(b) Concurrently with the abolition of the offices of township
treasurer and trustee of schools of a township as provided in subsection
(c) of Section 5-1, the former township treasurer whose office has been so
abolished shall surrender to the school treasurer of each school district
served by that township treasurer at the time that office is abolished the
district account book theretofore maintained for that school district by
the former township treasurer, and in addition shall surrender to the
regional board of school trustees the cash books, loan books and journals
referred to in subsection (a) of this Section 8-5; provided that the school
board and school treasurer of each such school district, the State Board of
Education, the regional superintendent and such other persons as may be
authorized by law shall have the right, at all reasonable times, to
inspect, and to copy or otherwise reproduce any portions of the cash books,
loan books and journals surrendered by the former township treasurer to the
regional board of school trustees as required by this subsection.
(Source: P.A. 87-473.)
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(105 ILCS 5/8-6) (from Ch. 122, par. 8-6)
Sec. 8-6. Custody
of school funds. The school treasurer shall have custody of the school funds and shall
keep in a cash book separate cash balances. In the cash book he shall enter in
separate accounts the balance, total of all moneys received in each fund,
and the total of the orders countersigned or checks signed with respect to each fund and extend the balances and the aggregate cash balance for all funds
balance at least monthly. The treasurer shall reconcile such balances with the
accounting or bookkeeping department of the district in conformity with a template provided by the State Board of Education monthly. School districts on the financial watch or warning list that are required to submit deficit reduction plans in accordance with Section 17-1 of this Code or that are certified in financial difficulty in accordance with Section 1-A8 of this Code must transmit the cash balances as required pursuant to this Section 8-6 of this Code to the State Board of Education quarterly from the treasurer.
(Source: P.A. 97-429, eff. 8-16-11.)
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(105 ILCS 5/8-7) (from Ch. 122, par. 8-7)
Sec. 8-7.
Only lawful custodian of funds - Depositaries.
Except as
otherwise provided in subsection (f) of Section 8-1,
subsection (c) of Section 5-1, and subsection (b) of Section 8-5,
the township treasurer in Class II county school units, the school
treasurer in Class I county school units, and the school treasurer in
any school district that forms a part of a Class II county school unit but
which no longer is subject to the jurisdiction and authority of a
township treasurer and trustees of schools of a
township (because the district has withdrawn from the jurisdiction
and authority of the township treasurer and trustees of school of the
township or because those offices have been abolished
as provided in subsection (b) or (c) of Section 5-1) shall be the only
lawful custodian of all school funds and shall demand receipt for and
safely keep, according to law, all bonds, mortgages, notes, moneys,
effects, books and papers belonging to any school district or township, as
the case may be, which he serves as treasurer. Trustees of schools in Class
II county school units, school boards in Class I county school
units, and those school boards in Class II county school units that have
elected or appointed their own school treasurer pursuant to subsection (b) or
(c) of Section 5-1 and subsection (b) or (c) of Section 8-1, shall
designate one or more banks, savings and loan
associations, situated in the State of Illinois, in which school funds and
moneys in the custody of the township treasurer or of the school treasurer
shall be kept. When a bank or savings and loan association has been
designated as a depositary it shall continue as such until 10 days after a
new depositary is designated and has qualified by furnishing statements of
resources and liabilities as is required by this section. When a new
depositary is designated, the trustees of schools in Class II county school
units, school boards in Class I county school units, and those
school boards in Class II county school units that have elected or appointed
their own school treasurer pursuant to subsection (b) or (c) of Section
5-1 and subsection (b) or (c) of Section 8-1, shall notify the sureties
of the township treasurer or of the school treasurer, as the case may be, of
that fact, in writing at least 5 days before the transfer of funds. The
township treasurer or the school treasurer shall be discharged from
responsibility for such funds and moneys which he deposits in a depositary so
designated while such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
Township and school treasurers are authorized to enter into agreements
of any definite or indefinite term regarding the deposit, redeposit,
investment, reinvestment or withdrawal of school funds, including, without
limitation, agreements with other township and school treasurers,
agreements with community college districts authorized by Section 3-47 of
the Public Community College Act and agreements with educational service
regions authorized by Section 3-9.1.
Each township and school treasurer is permitted to (i) combine moneys
from more than one fund of a single school district for the purpose of
investing such funds, and (ii) join with township and school treasurers,
community college districts and educational service regions in investing school
funds, community college funds and educational service region funds. Such joint
investments shall be made only in investments authorized by law for the
investment of school funds or, in the case of investments made jointly with
community college districts and educational service regions, in investments
authorized by law for the investment of school funds, community college funds
and educational service region funds. When moneys of more than one fund of a
single school district are combined for investment purposes or when moneys of a
school district are combined with moneys of other school districts, community
college districts or educational service regions, the moneys combined for such
purposes shall be accounted for separately in all respects, and the earnings
from such investment shall be separately and individually computed and
recorded, and credited to the fund or school district, community college
district or educational service region, as the case may be, for which the
investment was acquired.
(Source: P.A. 86-1051; 86-1441; 87-435; 87-473; 87-968.)
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(105 ILCS 5/8-8) (from Ch. 122, par. 8-8)
Sec. 8-8.
Township
fund - Loans - Investments.
The township treasurer or township land commissioners, as the case may
be, shall keep the principal of the township fund loaned at interest. The
rate of interest, which shall not be less than four per cent per annum,
payable annually, except in the case of investments in war bonds of the
United States government, shall be determined by a majority of the trustees
of schools at any regular or special meeting. No loan shall be made for
less than one year nor more than 5 years but investments secured by
mortgage, notes, or bonds, insured by the Federal Housing Administrator, or
debentures issued by him, or in bonds or other obligations of National
Mortgage Associations, may be for longer than 5 years. All loans shall be
secured by mortgage on unencumbered realty situated in this State, worth at
least 50% more than the amount loaned, with a condition that in case
additional security shall be required at any time it shall be given to the
satisfaction of the trustees of schools. In estimating the value of realty
mortgaged to secure the payment of money loaned, the value of improvements
liable to be destroyed may be included; but in such case the improvements
shall be insured for their insurable value in a responsible insurance
company or companies, and the policy or policies shall be transferred to
the trustees of schools as additional security, and shall be kept so
insured until the loan is paid. The township treasurer or township land
commissioners, as the case may be, also may invest the principal of the
township fund in:
1. Bonds issued by the State, the Sanitary District of Chicago,
counties, townships and cities in this State, and by school directors
pursuant to Section 19-2;
2. Bonds issued by any district in this State having authority to levy
taxes upon all taxable property within the district;
3. Mortgage notes or bonds issued by the Federal Housing Administrator,
or debentures issued by him;
4. Bonds or other obligations of National Mortgage Associations or the
Home Owners' Loan Corporation;
5. United States Government, State of Illinois and municipal securities
the payment of which is protected by the power to levy taxes (not including
special assessments) therefor.
He or they may exchange mortgages in default for bonds of the Home
Owners' Loan Corporation.
He or they may invest moneys in the operations and maintenance
fund of any school district in war bonds of the United States government
that are redeemable at the owner's option, in cases where building projects
cannot, by reason of material shortages or wartime priority restrictions,
currently be undertaken or completed. School funds held by the treasurer of
a district created by any special act shall be invested according to the
provisions of this Section.
(Source: P.A. 86-970.)
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(105 ILCS 5/8-9) (from Ch. 122, par. 8-9)
Sec. 8-9.
Mortgages - Form.
Mortgages to secure the payment of money
loaned under the provisions of this Act may be in the following form:
I, A B, of the county of ...., State of ...., do hereby grant, convey and
transfer to the trustees of schools of township No. ...., Range No. ....,
in the County of ...., and State of Illinois, for the use of the
inhabitants of the township, the following described real estate:
(here insert premises), which real estate I declare to be in mortgage for
the payment of $...., loaned to me and for the payment of all
interest that may accrue thereon, to be computed at the rate of .... per
cent per year until paid. I agree to pay the above sum of
money in .... years from the date hereof, and to pay the interest on the
same annually, at the rate above stated. I further covenant that I have
a good and valid title to the estate, and that the same is free from all
incumbrance, and that I will pay all taxes and assessments which may be
levied on the real estate, and that I will give any additional security
that may at any time be required in writing by the board of trustees; and
if the real estate is sold to pay the debt or any part thereof, or for
any failure or refusal to comply with or perform the conditions or covenants
herein contained, I will deliver immediate possession of the premises.
It is further agreed by and between the parties that in the event a
complaint is filed in any court to foreclose this mortgage for non-payment
of either principal or interest, that the mortgagor will pay a reasonable
attorney's fee, and the same shall be included in the judgment and be taxed
as costs; and we, A B, and C, spouse of A B, hereby release all rights to
the premises which we may have by virtue of any homestead laws of this
State.
Dated (insert date).
A .... B ....................
C .... D ....................
The mortgage shall be acknowledged and recorded as is required by law
for other conveyances of real estate, the mortgagor paying the expenses of
acknowledgment and recording.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/8-10) (from Ch. 122, par. 8-10)
Sec. 8-10.
Interest in default-Actions.
If default is made in the interest due upon money loaned by any township
treasurer, or in the payment of the principal, interest at the rate of 12
per cent per annum shall be charged upon the principal and interest from
the day of default, which interest shall be included in the assessment of
damages, or in the judgment in the suit or action brought upon the
obligation to enforce payment thereof, and interest at the rate of 12 per
cent per annum may be recovered in an action brought to recover interest
only. The township treasurer may bring appropriate actions in the name of
the trustees for the recovery of the interest when due and unpaid, without
suing for the principal, in whatever form secured.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-11) (from Ch. 122, par. 8-11)
Sec. 8-11.
Suit
when additional security not furnished.
If the trustees of schools require additional security for the payment
of money loaned, and such security is not given, the township treasurer
shall cause suit to be instituted for the recovery of the principal and
accrued interest to the date of judgment. Proof shall be made of such
requisitions.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-12) (from Ch. 122, par. 8-12)
Sec. 8-12.
Name
in which securities taken-Actions.
Bonds, mortgages, notes and other securities taken for money or other
property due, or to become due, to the trustees of schools for the
township, shall be made payable to them in their corporate name; and in
such name, suits, actions and complaints, and every description of legal
proceedings may be had for the recovery of money, breach of contracts and
for every legal liability which may at any time arise or exist, or upon
which a right of action shall accrue to the use of such corporation.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-13) (from Ch. 122, par. 8-13)
Sec. 8-13.
Statement of condition of funds.
On or before June 30, annually, the township treasurer shall deliver to
the county superintendent of schools a statement verified by his affidavit,
showing the exact condition of the township funds. Such statement shall
contain a description of all bonds, mortgages, notes and other securities,
held as principal of the township fund, giving names, dates, amounts, rates
of interest, when due, and other data necessary to a full understanding of
the condition of the funds.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-14) (from Ch. 122, par. 8-14)
Sec. 8-14.
Statements to trustees-Books, mortgages, etc., submitted for examination.
On the first Mondays in April and October of each year the township
treasurer shall submit to the trustees of schools a statement showing the
amounts of interest, rents, issues and profits on township lands and funds
that have accrued since their last regular meeting, and also the amount of
distributive funds on hand. He shall submit also to the trustees for their
examination all books, mortgages, bonds, notes and other evidences of
indebtedness held by him as treasurer of the township, and shall make such
other statements as the trustees may require.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-15) (from Ch. 122, par. 8-15)
Sec. 8-15.
Statement of district accounts.
The school treasurer shall furnish to the school board of the district
which he serves as treasurer a monthly reconciliation required by Section
8-6. The treasurer shall comply with any lawful demand the trustees or
school board, as the case may be, may make as to the verification of any
balance reported.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-16) (from Ch. 122, par. 8-16)
Sec. 8-16. School orders; Teacher's wages. The school treasurer shall pay out funds of the school district only
upon an order of the school board signed by the president and
clerk or secretary or by a majority of the board, except payment of the
obligations for Social Security taxes as required by the Social Security
Enabling Act and payment of recurring bills, such as utility bills, may be made upon a certification by the clerk or secretary
of the board of the amount of the obligation only. When an order issued
for the wages of a teacher is presented to the treasurer and is not paid
for want of funds, the treasurer shall endorse it over his signature,
"not paid for want of funds" with the date of presentation, and shall
make and keep a record of the endorsement. The order shall thereafter
bear interest at the rate, not exceeding the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, established by the school board of the district, until the
treasurer shall notify the clerk or secretary in writing that
he has funds to pay the order. Whenever the treasurer obtains sufficient
funds to pay any such order he shall set them aside for such purpose and
shall not use them to pay any other order until the order previously
presented and not paid is paid or otherwise discharged. The treasurer shall
make and keep a record of the notices and hold the funds necessary to pay
such order until it is presented. The order shall draw no interest after
notice is given to the clerk or secretary.
Nothing herein shall be construed to prevent the establishment of a
voucher system of expenditures as provided in Section 10-23.5 of this
Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond Acts are
and always have been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any provision of this
Act that may appear to be or to have been more restrictive than those Acts,
(ii) that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any provision
of this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/8-17) (from Ch. 122, par. 8-17)
Sec. 8-17.
Duties of treasurer.
(a) It is also the duty of the township
treasurer to:
1. Return to the county clerk, on or before the | ||
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2. Pay all lawful orders issued by the school board | ||
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3. Collect from the township and county collectors | ||
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4. Examine the official records of each district in | ||
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5. Keep a record account between districts when | ||
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6. Give notice of the election of trustees, and in | ||
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7. Give notice of any regular district election when | ||
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8. Publish in some English language newspaper of his | ||
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9. Be responsible for receipts, disbursements and | ||
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(b) The duties of the township treasurer set forth in subsection (a)
shall not be deemed or construed to extend or apply with respect to any
school district in his township which has withdrawn from the jurisdiction
and authority of the township trustees and from the jurisdiction and
authority of the township treasurer as provided in subsection (b) of
Section 5-1, nor to the school business, tax levies, tax revenues, payment
orders, records, elections, annual statements, receipts, disbursements,
investments or other financial or business activities or affairs of any
such school district or of the school board of any such district, other
than the duty to account in accordance with law for any balance of the
income from the permanent township fund required to be apportioned and
distributed to any such district pursuant to Section 5-17 after payment of
all valid claims as provided in that Section, and except as otherwise
provided with respect to the distribution and apportionment of funds
pursuant to Sections 15-31 and 19-28.
(Source: P.A. 86-1441.)
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(105 ILCS 5/8-18) (from Ch. 122, par. 8-18)
Sec. 8-18.
District in two or more townships-Taxes-Treasurer.
When a district is composed of parts of two or more townships, any
treasurer not authorized to receive the taxes of the district shall notify
the school board of the amount of funds held by him to the credit of the
district, and the school board shall thereupon give the proper treasurer an
order for the funds.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-19) (from Ch. 122, par. 8-19)
Sec. 8-19.
Delivery of money, books, mortgages, etc.
to successor.
At the expiration of his term of office, or upon his removal or
resignation the school treasurer, or in case of his death, his
representatives shall deliver to his successor, all moneys, books,
mortgages, notes and securities, and all papers and documents in which the
district has any lawful interest.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/8-20) (from Ch. 122, par. 8-20)
Sec. 8-20.
Failure or refusal to perform duties.
The school treasurer who as such treasurer fails, neglects or refuses to
perform the duties imposed upon him by this Act, within the time or in the
manner prescribed, shall forfeit not less than ten dollars, nor more than
twenty-five dollars, of his pay as treasurer, which forfeiture shall be
enforced by the trustees or school board of the district as the case may
be. For any failure or refusal to perform all the duties required of the
treasurer by law, he shall be liable to the trustees of schools or school
board or their successors in office as the case may be, upon his official
bond, for all damages sustained, to be recovered by civil action by the
trustees or school board or their successors in office as the case may be,
for the use of the township or school district as the case may be, before
any court having jurisdiction of the amount of damages claimed; but if the
treasurer, in any failure or refusal, acted under and in conformity to a
requisition or order of the trustees of schools or a school board as the
case may be entered upon their minutes and subscribed by their president
and secretary or clerk, then, and in that case, the trustees of schools or
school board as the case may be or those voting for the requisition or
order, and not the treasurer shall be liable, jointly and severally, to the
inhabitants of the township or district as the case may be for such
damages, to be recovered by a civil action in the official name of the
county superintendent of schools, having supervision and control over the
district for the use of the townships or districts as the case may be:
provided that the school treasurer shall be liable for any part of the
judgment obtained against the trustees of schools or school board or
members thereof as the case may be which cannot be collected on account of
their insolvency.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/Art. 9 heading) ARTICLE 9.
ELECTIONS
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(105 ILCS 5/9-1) (from Ch. 122, par. 9-1)
Sec. 9-1.
Scope of article.
All school elections shall be governed
by the general election law of the State.
(Source: P.A. 81-1490.)
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(105 ILCS 5/9-1.1) (from Ch. 122, par. 9-1.1)
Sec. 9-1.1.
Referenda.
Whenever a proposition or public question is
required to be submitted pursuant to this Act for approval or rejection
by the electorate at an election, the time and manner of conducting such
referendum shall be in accordance with the general election law of the State.
(Source: P.A. 81-1490.)
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(105 ILCS 5/9-1.5) Sec. 9-1.5. Advisory referenda. By a vote of the majority of the members of the school board, the board may authorize an advisory question of public policy to be placed on the ballot at the next regularly scheduled election in the school district. The school board shall certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code, provided, however, that no such question may be submitted at a consolidated primary election.
(Source: P.A. 97-81, eff. 7-5-11.) |
(105 ILCS 5/9-2) (from Ch. 122, par. 9-2)
Sec. 9-2.
Election Definitions.
As used in this Act in connection with elections of school officials and referenda:
(a) "Voter" or "Legal voter" or "elector" means a person qualified to
vote under the general election law.
(b) "Certify" and "certification", when used in connection with elections
of officers or referenda, refers to the certification in accordance with
the general election law of offices, candidates or propositions to county
clerks and boards of election commissioners for inclusion on the ballot at an election.
(c) "Submit" and "submission" when used in connection with a referendum
on a proposition or question refers to the submission to the voters in accordance
with the general election law of the proposition or question by county clerks
and boards of election commissioners.
(d) "Local election official" means the secretary of a board of
education, the secretary or clerk of a board of school directors, the
treasurer of a township board of school trustees, the secretary of township
land commissioners and the regional superintendent of schools with respect
to the various school officer elections and school referenda for which the
regional superintendent is assigned election duties pursuant to this Code.
(Source: P.A. 84-1338.)
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(105 ILCS 5/9-5) (from Ch. 122, par. 9-5)
Sec. 9-5.
Election dates and terms of offices.
The dates
upon which school officer elections shall be held are
as established in the general election law. Members of boards of education
shall unless otherwise provided serve terms of 4 years.
If, at a regularly scheduled election, a proposition
is submitted to the voters of a district, as provided by a resolution
of the board, on the question of
whether board members should serve for 6 year terms and the proposition
receives the affirmative vote of those voting thereon, members of the board
of education shall thereafter serve for terms of 6 years.
(Source: P.A. 82-1014.)
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(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
Sec. 9-10. Candidates for office - nominating petitions. Candidates for
the office of school director shall be nominated by petition signed by at
least 25 voters or 5% of the voters, whichever is less, residing within
the district and filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located.
Nominations for members of boards of education, including non-high school
boards of education shall be made by a petition signed by at least 50 voters
or 10% of the voters, whichever is less, residing within the district and
shall be filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located. In addition
to the requirements of the general election law, the form of such petitions
shall be substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the (County Clerk or County Board of Election Commissioners) .... of .... County:
We the undersigned, being (.... or more) (or 10% or more) (or 5% or more)
of the voters residing within said district, hereby petition that .... who
resides at .... in the (city or village) of .... in Township .... (or who
resides outside any city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of the board of
education (or board of directors) (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 resulting from adoption to assume an adoptive parent's or parents' surname, marriage to assume a spouse's surname, or dissolution of marriage 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.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located 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 nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
All petitions for the nomination of members of a board of education shall
be filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located within the time provided for
by the general election law. The county clerk or the county 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 county clerk or the county board of election commissioners shall make certification to the proper election authorities
in accordance with the general election law.
The county clerk or the county board of election commissioners, as the case may be, of the county 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 county clerk or county 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 board of education or for office as a
school director, 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.
In all newly organized districts the petition for the nomination of
candidates
for members of the board of education at the first election shall be addressed
to and filed with the regional superintendent of schools in the manner herein
specified for the petitions for
members of a board of education. For such election the regional superintendent
shall fulfill all duties otherwise assigned to the secretary of the board
of education.
(Source: P.A. 98-115, eff. 7-29-13; 99-522, eff. 6-30-16.)
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(105 ILCS 5/9-11) (from Ch. 122, par. 9-11)
Sec. 9-11.
Tax rate increase - notice of election - ballot.
In addition to the notice requirements of the general election law,
whenever a proposition to increase a school tax rate is submitted to be
voted upon by the voters of any district the notice of such election shall
include an estimate of the approximate amount of taxes extendible under
the maximum rate then in force and an estimate of the approximate amount
of taxes extendible under the proposed increased rate, such amounts being
computed upon the last known full, fair cash value; provided that any error,
miscalculation or inaccuracy in computing such amounts shall not invalidate
or affect the validity of any rate so increased. The board of directors
shall make such estimate and the secretary shall certify such amount to
the election authority as part of the certification of the proposition as
required by the general election law. Such estimate shall appear on the
ballot on which the proposition is printed, but shall not appear as a part
of the proposition.
(Source: P.A. 83-448.)
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(105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
Sec. 9-11.1.
The county clerk or the board of election commissioners, as the case may be, of the jurisdiction in which the principal office of the school district is located shall conduct a lottery to
determine the ballot order of candidates for full terms in the event of
any simultaneous petition filings. Such candidate lottery shall be conducted as follows:
All petitions filed by persons waiting in line as of 8:00 a.m. on the
first day for filing, or as of the normal opening hour of the office
involved on such day, shall be deemed simultaneously filed as of 8:00 a.m.
or the normal opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and in the first
mail delivery or pickup of that day shall be deemed simultaneously filed
as of 8:00 a.m. of that day or as of the normal opening hour of such day,
as the case may be. All petitions received thereafter shall be deemed
filed in the order of actual receipt. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed filed simultaneously.
Where 2 or more petitions are received simultaneously for the same office
as of 8:00 a.m. on the first day for petition filing, or as of the normal
opening hour of the office of the county clerk or the board of election commissioners, as the case may be, the county clerk or the board of election commissioners with whom such petitions are filed shall break ties and
determine the order of filing by means of a lottery or other fair and
impartial method of random selection. Such lottery shall be conducted
within 9 days following the last day for petition filing and shall be open
to the public. Seven days written notice of the time and place of conducting
such random selection shall be given
by the county clerk or the board of election commissioners to all candidates who filed their petitions
simultaneously and to each organization of citizens within the election
jurisdiction which was entitled, under the general election law, at the
next preceding election, to have pollwatchers present on
the day of election. The county clerk or the board of election commissioners shall post in a
conspicuous, open and public place, at the entrance of his or her office,
notice of the time and place of such lottery.
All candidates shall be certified in the order in which their petitions
have been filed and in the manner prescribed by Section 10-15 of the
general election law. Where candidates have filed simultaneously, they
shall be certified in the order prescribed by this Section and prior to
candidates who filed for the same office at a later time.
Where elections are conducted for unexpired terms, a second lottery to
determine ballot order shall be conducted for candidates who simultaneously
file petitions for such unexpired terms. Such lottery shall be conducted
in the same manner as prescribed by this Section for full term candidates.
(Source: P.A. 98-691, eff. 7-1-14.)
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(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
Sec. 9-11.2. For all school districts electing candidates to a board
of education in a manner other than at large, candidates not elected at
large who file
nominating petitions for a full term shall be grouped together by area of
residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas.
For all school districts electing candidates to a board of education in a
manner other than at large, candidates not elected at large who file
nominating petitions for an
unexpired term shall be grouped together by area of residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas.
Candidate
groupings by area of residence for unexpired terms shall precede the
candidate groupings by area of residence for full terms on the ballot.
In all instances, however,
the ballot order of each candidate grouping shall be determined by the
order of petition filing or lottery held pursuant to Section 9-11.1 in the
following manner:
The area of residence of the candidate determined to be first by order of
petition filing or by lottery shall be listed first among the candidate
groupings on the ballot. All other candidates from the same area of
residence will follow according to order of petition filing or the lottery.
The area of residence of the candidate determined to be second by the
order of petition filing or the
lottery shall be listed second among the candidate groupings on the ballot.
All other candidates from the same area of residence will follow according
to the order of petition filing or the lottery. The ballot order of
additional candidate groupings by area of residence shall be established in a
like manner.
In any school district that elects its board members according to area of
residence and that has one or more unexpired terms to be filled at an election,
the winner or winners of the unexpired term or terms shall be determined first
and independently of those running for full terms. The winners of the full
terms shall then be determined taking into consideration the areas of residence
of those elected to fill the unexpired term or terms.
"Area of Residence" means congressional township and
incorporated and
unincorporated territories.
"Affected school district" means either of the 2 entire elementary school
districts that are formed into a combined school district.
(Source: P.A. 93-1079, eff. 1-21-05; 94-1019, eff. 7-10-06.)
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(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
Sec. 9-12. Ballots for the election of school officers shall be in one
of the following forms:
(FORMAT 1
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used by Boards of School Directors. School Directors are
elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 2
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used when school board members are elected at large.
Membership on the school board is not restricted by area of residence.
Types of school districts generally using this format are:
Common school districts;
Community unit and community consolidated school districts formed on or
after January 1, 1975;
Community unit school districts formed prior to January 1, 1975 that
elect board members at large and without restriction by area of residence
within the district under subsection (c) of Section 11A-8 (now repealed);
Community unit, community consolidated and combined school districts in which
more than 90% of the population is in one congressional township;
High school districts in which less than 15% of the taxable property is
located in unincorporated territory; and unit districts (OLD TYPE);
Combined school districts formed on or after July 1, 1983;
Combined school districts formed before July 1, 1983
and community consolidated school districts that elect board
members at large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7 (now repealed).)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 3
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by community unit, community consolidated and
combined school districts when the territory is less than 2 congressional
townships, or 72 square miles, but consists of more than one congressional
township, or 36 square miles, outside of the corporate limits of any city,
village or incorporated town within the school district. The School Code
requires that not more than 5 board members shall be selected from any
city, village or incorporated town in the school district. At least two
board members must reside in the unincorporated area of the school district.
Except for those community unit school districts formed before January 1,
1975 that elect board members at large and without restriction by area
of residence within the district under subsection (c) of Section 11A-8 (now repealed) and
except for combined school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at large and without
restriction by area of residence within the district under subsection (c) of
Section 11B-7 (now repealed), this format applies to community unit and community consolidated
school districts formed prior to January 1, 1975 and combined school districts
formed prior to July 1, 1983.)
OFFICIAL BALLOT
Instructions to voter: The board of education shall be composed of
members from both the incorporated and the unincorporated area; not more
than 5 board members shall be selected from any city, village or incorporated
town.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN .... MAY BE ELECTED FROM THE INCORPORATED AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 4
Ballot position for township areas shall be determined by the order of
petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed prior to
January 1, 1975 that elect board members at large and without restriction by
area of residence within the district under subsection (c) of Section 11A-8
(now repealed) and except for those combined school districts formed before July 1, 1983
and community consolidated school districts
that elect board members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7 (now repealed), this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school districts
formed prior to July 1, 1983 when the territory of the school district is
greater than 2 congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one congressional
township. Congressional townships of less than 100 inhabitants shall not
be considered for the purpose of such mandatory board representation. In
this case, not more than 3 board members may be selected from any one
congressional township.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of education is restricted
to a maximum of 3 members from any congressional township. ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
(Include each remaining congressional township in district as needed)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
(FORMAT 5
Ballot position for township areas shall be determined by the order of
petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed before January 1,
1975 that elect board members at large and without restriction by area of
residence within the district under subsection (c) of Section 11A-8 (now repealed) and except
for those combined school districts formed before July 1, 1983
and community consolidated school districts
that elect board
members at large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7 (now repealed), this format is used by
community unit and community consolidated school
districts formed prior to January 1, 1975, and
combined school districts formed prior to July 1, 1983, when the territory
of the school district is
greater than 2 congressional townships, or 72 square miles and when at
least 75%, but not more than 90%, of the population resides in one
congressional township. In this case, 4 school board members shall be
selected from that one congressional township and the 3 remaining board
members shall be selected from the rest of the district. If a school district
from which school board members are to be selected is located in a county under
township organization and if the surveyed boundaries of a congressional
township from which one or more of those school board members is to be
selected, as described by township number and range, are coterminous with the
boundaries of the township as identified by the township name assigned to it as
a political subdivision of the State, then that township may be referred to on
the ballot by both its township name and by township number and
range.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of education is to consist
of 4 members from the congressional township that has at least 75% but not
more than 90% of the population, and 3 board members from the remaining
congressional townships in the school district. ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
..... shall be elected from (name)...... Township ..... Range
......
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
VOTE FOR ....
...... board members shall be elected from the remaining
congressional townships.
The Remaining Congressional Townships
( ) ............................
( ) ............................
(FORMAT 6
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used by school districts in which voters have approved a
referendum to elect school board members by school board district. The
school district is then divided into 7 school board districts, each of
which elects one member to the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday (insert date)
(facsimile signature of Election Authority)
(County)
(FORMAT 7
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 15% but less
than 30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least one board member
shall be a resident of the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voter: More than 15% but less than 30% of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least one board member shall be a
resident of the unincorporated areas.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 7a
Ballot position for candidates shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 15% but less
than 30% of the taxable property is located in the unincorporated territory
of the school district and on the basis of existing board membership no
board member is required to be elected from the unincorporated area.)
OFFICIAL BALLOT
Instruction to voter: More than 15% but less than 30% of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least one board member shall be a
resident of the unincorporated areas.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 8
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2 MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 8a
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 8b
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................
(Source: P.A. 93-706, eff. 7-9-04; 93-1079, eff. 1-21-05; 94-1019, eff. 7-10-06.)
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(105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
Sec. 9-12.1.
(a) On the reverse side of each ballot contained in Section
9-12, except the ballot under Format 6, shall be printed the following:
OFFICIAL BALLOT
..... County, Illinois
School District No. ...., ...... County, Illinois
Election Tuesday, (insert date)
(facsimile signature of the election authority)
(b) If 6-year terms have been adopted under Section 9-5, or if a ballot is
to be used to elect a member or members of a board of school directors or board
of education at the consolidated election held in April of 1999 or April of
2001 to a full term that is less than a 4-year term, appropriate
adjustments should be made to each ballot in Section 9-12. In the case of any
unexpired term each ballot format must indicate whether it is a 4-year or a
2-year unexpired term.
(Source: P.A. 90-637, eff. 7-24-98; 91-357, eff. 7-29-99.)
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(105 ILCS 5/9-13) (from Ch. 122, par. 9-13)
Sec. 9-13.
Public measure - Ballot.
More than one public measure may be submitted upon the same ballot.
The proposition of purchasing one or more schoolhouse sites, building one
or more new schoolhouses, and issuing bonds for the purpose of borrowing
money to purchase one or more schoolhouse sites and to build one or more
new schoolhouses or make additions and improvements to existing school
buildings, may be combined into one or more propositions on the ballot.
No proposition under this Section which is substantially the same
shall be submitted more than once every 2 months, except where the
proposition is submitted as a consequence of a disaster, calamity or
other Act of God.
(Source: P.A. 81-1489.)
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(105 ILCS 5/9-18)
Sec. 9-18. (Repealed).
(Source: P.A. 93-1079, eff. 1-21-05. Repealed by P.A. 95-141, eff. 8-13-07.)
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(105 ILCS 5/9-22) (from Ch. 122, par. 9-22)
Sec. 9-22.
School board districts; changing manner of election.
A
school board may by resolution or shall, upon the petition of the lesser of
2,500 or 5% of the district's registered voters, order submitted to the
district's voters at a regular school election or at the general election, the
proposition for the election of board members by school board district, and the
proposition shall thereupon be certified by the board's secretary for
submission. If the proposition is approved by a majority of those voting on
the proposition, the board shall divide the school district into 7 school board
districts, each of which must be compact and contiguous and substantially equal
in population to each other district. The terms of office of the board members
incumbent at the time the proposition is adopted expire on the day of the next
regular school election, at which time one member shall be elected from each
school board district. In districts which have 4 year terms, those members
first elected after adoption of such a proposition shall, by lot, determine
3 to serve for 2 years and 4 for 4 years; their successors shall serve for
a 4 year term. In districts which have 6 year terms, those members first
elected after adoption of such a proposition shall, by lot, determine 3 to
serve for 2 years, 2 for 4 years and 2 for 6 years; their successors shall
serve for a 6 year term. Vacancies shall be filled as provided in Section
10-10.
In the year following each decennial census, the school board shall
reapportion the board districts to reflect the results of such census;
provided, that no decennial reapportionment shall be required in any school
district which elects its board members by school board district rather than at
large if: (i) on the effective date of this amendatory Act of 1990, such school
district last elected its board members by school board district at the
nonpartisan election in 1989; (ii) the terms of the board members so elected
were determined by lot after that election and prior to January 1, 1990; and
(iii) the population of each existing school board district in that school
district at the time of the decennial census is within 5% of
what would be the population in the corresponding school board district
that would result were the school board districts in that school district to
be reapportioned following that decennial census as otherwise required
by this paragraph. If reapportionment is required by this paragraph, the
school board districts shall be compact, contiguous and substantially equal in
population, and such reapportionment plan shall be completed and formally
approved by a majority of the members of the board not less than 90 days
before the last date established by law for the submission of nominating
petitions for the next school board election. At the same board meeting,
the board shall, publicly by lot, divide the board districts as equally as
possible into 2 groups. In school districts which have 4 year terms, board
members or their successors from one group shall be elected for successive
terms of 2 years, 4 years and 4 years; and members or their successors from
the second group shall be elected for successive terms of 4 years, 4 years
and 2 years. In school districts which have 6 year terms, board members or
their successors from one group shall be elected for successive terms of 4
years and 6 years; and members or their successors from the second group
shall be elected for successive terms of 6 years and 4 years.
In any school district in which the members of the school board are
elected by school board district rather than at large, the school board may
by resolution or shall, upon the petition of the lesser of 2,500 or 5% of
the school district's registered voters, order submitted to the school
district's voters at a regular school election or at the general election,
the proposition for the election of board members at large rather than by
school board district; and the proposition shall thereupon be certified by
the board's secretary for submission. If a majority of those voting at the
election in each school board district vote in favor of the proposition:
(i) the proposition to elect board members at large shall be deemed to have
passed, (ii) new members of the board shall be elected at large at the next
regular school election, and (iii) the terms of office of the board members
incumbent at the time the proposition is adopted shall expire when the new
board members that are elected at large have organized in accordance with
Section 10-16. In school districts that formerly elected their members by
school board district to successive terms not exceeding 4 years, the
members elected at large shall be elected for a term of 4 years, and in
school districts that formerly elected their members by school board
district to successive terms not exceeding 6 years, the members elected at
large shall be elected for a term of 6 years; provided, that in each case
the terms of the board members initially elected at large as provided in
this paragraph shall be staggered and determined in accordance with the
provisions of Sections 10-10 and 10-16.
(Source: P.A. 87-1139; 87-1210; 88-45.)
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(105 ILCS 5/Art. 10 heading) ARTICLE 10.
SCHOOL BOARDS
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(105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
Sec. 10-1. Board
of school directors.
(a) School districts having a population of fewer than 1000 inhabitants
and
not governed by any special act shall be governed by a board of school
directors to consist of 3 members who shall be elected in the manner
provided in Article 9 of this Act. In consolidated districts and in districts
in which the membership of the board of school directors is increased as
provided in subsection (b), 7 members
shall be so elected.
(b) Upon presentment to the board of school directors of a school district
having a population of fewer than 1,000 inhabitants of a petition signed by the
lesser of 5% or 25 of the registered voters of the district to increase the
membership of the district's board of school directors to 7 directors and to
elect a new 7-member board of school directors to replace the district's
existing board of 3 school directors, the clerk or secretary of the board of
school directors shall certify the proposition to the proper election
authorities for submission to the electors of the district at a regular
scheduled election in accordance with the general election law. If the
proposition is approved by a majority of those voting on the proposition, the
members of the board of school directors of that district thereafter shall be
elected in the manner provided by subsection (c) of Section 10-4.
(c) A board of school directors may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.)
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(105 ILCS 5/10-2) (from Ch. 122, par. 10-2)
Sec. 10-2.
Corporate powers.
The directors of each district shall be a body politic and corporate, by
the name of "school directors of district No. ...., county of .... and
State of Illinois," and by that name may sue and be sued in all courts and
places where judicial proceedings are had.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
Sec. 10-3. Eligibility of directors. Any person who, on the date of his
or her election, is a citizen of the United States, of the age of 18 years or
over, is a resident of the State and of the territory of the district for at
least one year immediately preceding his or her election, is a registered voter
as provided in the general election law, is not a school trustee or a school
treasurer, and is not a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012 shall be eligible to the office of school director.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
Sec. 10-4.
Election of directors.
(a) In all districts, directors shall be elected in each odd-numbered
year, each for a term of 4 years.
(b) In consolidated districts where 5 directors
are elected in 1981 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the general election
law, those directors elected shall, by lot, determine
2 of their number to serve 2 years and 3 to serve 4 years; their successors
shall serve for a 4 year term.
(c) If a proposition to increase the membership of a school district's
board of school directors to 7 directors and to elect a new 7-member board of
school directors to replace the district's existing board of 3 school directors
is approved by the electors of the district at a regular scheduled election as
provided in subsection (b) of Section 10-1, 7 members shall be elected at the
next regular school election, in the manner provided by Article 9, to serve as
the board of school directors of that district. The terms of office of the 3
members of the board of school directors serving at the time of the election of
the initial 7-member board of school directors shall expire when the 7 newly
elected members of the initial 7-member board of school directors assume office
and are organized as provided in Section 10-5. At their organizational
meeting, the initial members of the 7-member board of school directors shall by
lot determine 4 of their number to serve 4 year terms and 3 of their number to
serve 2 year terms. Their successors shall serve for a 4 year term.
(d) In all other districts, one school director
shall be elected in each district every
other odd-numbered year, and two school directors shall be elected in the
intervening odd-numbered years.
(e) When a vacancy occurs in the membership of any board
of school directors the remaining members shall,
within 30
days, fill the vacancy by appointment until the next regular school
election, or, upon their failure so to do, the regional superintendent
shall make such appointment within the next 30 days to fill the
vacancy as herein provided.
Upon the regional superintendent's failure
to fill the vacancy, the vacancy shall be filled at the next regularly
scheduled
election.
(Source: P.A. 90-757, eff. 8-14-98.)
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(105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
Sec. 10-5. Organization of board - Report to treasurer and regional
superintendent of schools. Within 40 days after the regular election of
directors, the directors shall meet and organize by appointing one
of their number president and another as clerk, except that when directors
are elected at the consolidated elections in April of 1999 and April of 2001,
the directors shall meet and organize, in the manner provided by this Section,
within 7 days after the first Tuesday after the first Monday of November in
each of those 2 years. The clerk shall at once report
to the treasurer and regional superintendent of schools the names of the
president and clerk so appointed. Upon organizing itself as provided in this
Section, the board of school directors shall enter upon the discharge of its
duties. Terms of members are subject to Section 2A-54 of the Election Code,
except as otherwise limited by subsection (c) of Section 10-4.
(Source: P.A. 102-798, eff. 5-13-22.)
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(105 ILCS 5/10-6) (from Ch. 122, par. 10-6)
Sec. 10-6.
Regular and special meetings.
The directors shall hold regular meetings at such times as they may
designate, and special meetings at the call of the president or of any 2
members. Public notice of meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act. No official business
shall be transacted by the directors except at a regular or a special
meeting. In consolidated districts and in districts electing a 7-member board
of school directors under subsection (c) of Section 10-4, 4 directors shall
constitute a
quorum for the transaction of business. In all other districts 2
directors shall constitute a quorum for
the transaction of business. If the president or clerk is absent from
any meeting or refuses to perform his duties, a president or clerk pro
tempore shall be appointed. At each regular and special meeting which
is open to the public, members of the public and employees of the district
shall be afforded time, subject to reasonable constraints, to comment to
or ask questions of the board. When the president or district superintendent
of schools receives a written correspondence from a resident within the
school district's territory, requesting the consideration of a matter before
the board, the author of the correspondence shall receive a formal written
statement from an appointed official of the board stating the board's position
on their request, no later than 60 days from the receipt of the correspondence
by the president or district superintendent of schools. The formal written
response from the board shall establish a meeting before the board or list
the reasons for denying the request.
(Source: P.A. 90-757, eff. 8-14-98.)
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(105 ILCS 5/10-7) (from Ch. 122, par. 10-7)
Sec. 10-7. Secretary or clerk to record official acts - yeas and nays
on expenditures. The secretary or clerk shall keep in a punctual, orderly
and reliable manner a record of the official acts of the board which
shall be signed by the president and the secretary or clerk, and
submitted to the treasurer having custody of the funds of the district
for his inspection and approval at such times as the treasurer may require. On all
questions involving the expenditure of money, the yeas and nays shall be
taken and entered on the records of the proceedings of the board. The
secretary or clerk shall keep the minutes and, if the district is not
required to employ a superintendent, keep or cause to be kept the
financial records of the school district.
(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/10-8) (from Ch. 122, par. 10-8)
Sec. 10-8.
Report by secretary or clerk to treasurer.
On or before July 7 annually, the secretary or clerk shall report to
the treasurer having the custody of the funds of his district, such
statistics and other information in relation to the schools of his
district as the treasurer is required to include in his report to the
regional superintendent of schools.
(Source: P.A. 80-279.)
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(105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
Sec. 10-9. Interest of board member in contracts.
(a) No school board member shall be interested, directly or indirectly,
in his own name or in the name of any other person, association, trust or
corporation, in any contract, work or business of the district or in the
sale of any article, whenever the expense, price or consideration of the
contract, work, business or sale is paid either from the treasury or by any
assessment levied by any statute or ordinance. A school board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no financial interests other than as an employee. No school board member
shall be interested, directly or indirectly, in the purchase of any
property which (1) belongs to the district, or (2) is sold for taxes or
assessments, or (3) is sold by virtue of legal process at the suit of
the district.
(b) However, any board member may provide materials, merchandise,
property, services or labor, if:
A. the contract is with a person, firm, partnership, | ||
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B. such interested board member publicly discloses | ||
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C. such interested board member abstains from voting | ||
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D. such contract is approved by a majority vote of | ||
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E. the contract is awarded after sealed bids to the | ||
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F. the award of the contract would not cause the | ||
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(c) In addition to the above exemption, any board member may provide
materials, merchandise, property, services or labor if:
A. the award of the contract is approved by a | ||
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B. the amount of the contract does not exceed $1,000; | ||
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C. the award of the contract would not cause the | ||
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D. such interested member publicly discloses the | ||
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E. such interested member abstains from voting on the | ||
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(d) In addition to exemptions otherwise authorized by this Section, any
board member may purchase for use as the board member's primary place of
residence a house constructed by the district's vocational education
students on the same basis that any other person would be entitled to
purchase the property. The sale of the house by the district must comply
with the requirements set forth in Section 5-22 of The School Code.
(e) A contract for the procurement of public utility services by a
district with a public utility company is not barred by this Section by
one or more members of the board being an officer or employee of the
public utility company or holding an ownership interest of no more than
7 1/2% in the public utility company, or holding an ownership interest of
any size if the school district has a population of less than 7,500 and
the public utility's rates are approved by the Illinois Commerce
Commission. An elected or appointed member of the board having such an
interest shall be deemed not to have a prohibited interest under this Section.
(f) Nothing contained in this Section, including the restrictions set
forth in subsections (b), (c), (d) and (e), shall preclude a contract of
deposit of monies, loans or other financial services by a school
district with a local bank or local savings and loan association,
regardless of whether a member or members of the governing body of the
school district are interested in such bank or savings and loan
association as an officer or employee or as a holder of less than 7 1/2%
of the total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested member or
members of the governing body must publicly state the nature and extent
of their interest during deliberations concerning the proposed award of
such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the school
district.
(g) Any school board member who violates this Section is guilty of a
Class 4 felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; term; vacancy. All school districts
having a population of not fewer than 1,000 and not more than 500,000
inhabitants, as ascertained by any special or general census, and not
governed by special Acts, shall be governed by a board of education
consisting of 7 members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years for the initial members
of the board of education of a combined school district to which that
subsection applies. If 5 members are elected in 1983 pursuant to the extension
of terms provided by
law for transition to the consolidated election schedule under the general
election law, 2 of those members shall be elected to serve terms of 2 years
and 3 shall be elected to serve terms of 4 years; their successors shall
serve for a 4 year term. When the voters of a district have voted to elect
members of the board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education of that
district expire when their successors assume office but not later than 7
days after such election. If at the regular school election held in the
first odd-numbered year after the determination to elect members for 6 year
terms 2 members are elected, they shall serve for a 6 year term; and of the
members elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 3 members are elected, they
shall serve for a 6 year term; and of the members elected at the next
regular school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
6 year terms 4 members are elected, 3 shall serve for a term of 6 years and
one shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
a 6 year term 5 members are elected, 3 shall serve for a term of 6 years
and 2 shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. An election for board members shall not
be held in school districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after the
election date, and the term of all board members which would otherwise
terminate shall be continued until such district shall cease to exist. Each
member, on the date of his or her election, shall be a
citizen of the United
States of the age of 18 years or over, shall be a resident of the State and
the
territory of the district for at least one year immediately preceding his or
her
election, shall be a registered voter as provided in the general election
law,
shall not be a school trustee, must not have been removed from a school board pursuant to Section 2-3.25f-5 of this Code (unless subsequently appointed as a member of an Independent Authority or if it has been 10 years since the abolition of the Independent Authority in the district), and shall not be a child
sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. When the board of
education is the successor of the school directors, all rights of property,
and all rights regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the school
directors. Terms of members are subject to Section 2A-54 of the Election Code.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located 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 nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
Whenever a vacancy occurs, the remaining members shall notify the
regional superintendent of that vacancy within 5 days after its occurrence
and shall proceed to fill the vacancy until the next regular school
election, at which election a successor shall be elected to serve the
remainder of the unexpired term. However, if the vacancy occurs with less
than 868 days remaining in the term, or if the vacancy occurs
less than 88
days before the next regularly scheduled election for this office then the
person so appointed shall serve the remainder of the unexpired term, and no
election to fill the vacancy shall be held. Should they fail so to
act, within 60 days after the vacancy occurs, the regional superintendent
of schools under whose supervision and control the district is operating,
as defined in Section 3-14.2 of this Act, shall within 30 days after the
remaining members have failed to fill the vacancy, fill the vacancy as
provided for herein. Upon the regional superintendent's failure to fill the
vacancy, the vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members or regional
superintendent, the successor shall be an inhabitant of the particular area
from which his or her predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 101-67, eff. 1-1-20.)
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(105 ILCS 5/10-10.5) Sec. 10-10.5. Community unit school district or combined school district formation; school board election. (a) Except as otherwise provided in subsection (b) or (c) of this Section, for community unit school districts formed before January 1, 1975 and for combined school districts formed before July 1, 1983, the following provisions apply: (1) if the territory of the district is greater than | ||
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(2) if in the community unit school district or | ||
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(3) if the territory of any community unit school | ||
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(b)(1) The provisions of subsection (a) of this Section for mandatory board representation shall no longer apply to a community unit school district formed before January 1, 1975, to a combined school district formed before July 1, 1983, or to community consolidated school districts, and the members of the board of education shall be elected at large from within the school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district: (A) A proposition for the election of board members | ||
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(B) A majority of those voting at the election in | ||
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(2) The school board may, by resolution, order | ||
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(3) If a majority of those voting at the election in | ||
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(A) the proposition to elect board members at | ||
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(B) new members of the board shall be elected at | ||
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(C) the terms of office of the board members | ||
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(4) In a community unit school district, a combined | ||
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(c) If a school board fills a vacancy under Section 10-10 of this Code due to a lack of candidates for election in a congressional township in the most recent election, then the school board shall, by resolution, order submitted to the school district's voters at the next general election a proposition for the election of a board member at large without restriction by area of residence within the district and the proposition shall be certified by the school board's secretary for submission. (Source: P.A. 99-91, eff. 1-1-16; 100-800, eff. 1-1-19.) |
(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)
Sec. 10-11. Vacancies. Elective offices become vacant within the meaning of the Act, unless the
context indicates otherwise, on the happening of any of the following
events, before the expiration of the term of such office:
1. The death of the incumbent.
2. His or her resignation in writing filed with the | ||
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3. His or her becoming a person under legal | ||
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4. His or her ceasing to be an inhabitant of the | ||
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5. His or her conviction of an infamous crime, of any | ||
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6. His or her removal from office.
7. The decision of a competent tribunal declaring his | ||
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8. His ceasing to be an inhabitant of a particular | ||
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No elective office except as herein otherwise provided becomes vacant
until the successor of the incumbent of such office has been appointed or
elected, as the case may be, and qualified. The successor shall have the
same type of residential qualifications as his or her predecessor and, if the
residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code
apply, the successor, whether elected or appointed by the remaining members or
a regional superintendent, shall be an inhabitant of the particular area from
which his or her predecessor was elected.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/10-12) (from Ch. 122, par. 10-12)
Sec. 10-12.
Quorum.
A majority of the full membership of the board of education shall
constitute a quorum. Unless otherwise provided, when a vote is taken upon
any measure before the board, a quorum being present, a majority of the
votes of the members voting on the measure shall determine the outcome
thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-13) (from Ch. 122, par. 10-13)
Sec. 10-13.
President of board of education.
The president of the board of education shall be elected by the
members thereof from among their number and serve for 2 years, except
that the board by resolution may establish a policy for the term of office
to be one year.
He shall preside at all meetings and shall perform such duties as are
imposed upon him by law or by action of the board of education. If he is
absent from any meeting or refuses to perform his duties, a president
pro tempore shall be appointed. The vice-president of the board, if the
board elects such officer, shall be appointed the president pro tempore.
(Source: P.A. 84-497.)
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(105 ILCS 5/10-13.1) (from Ch. 122, par. 10-13.1)
Sec. 10-13.1.
Vice-President of the board of education.
A
vice-president of the board of education shall be elected by the members
thereof from among their number and serve for 2 years, except that the
board by resolution may establish a policy for the term of office to be
one year.
The vice-president shall perform the duties of the president if there is
a vacancy in the office of president or in case of the president's absence
or inability to act, and other duties imposed upon him by the rules of
the board.
(Source: P.A. 85-839.)
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(105 ILCS 5/10-14) (from Ch. 122, par. 10-14)
Sec. 10-14.
Secretary of board of education.
The secretary of the board of education shall be elected by the board
of education and may be a member thereof, who shall serve for 2 years,
except that the board by resolution may establish a policy for the term
of office to be one year. The secretary, if not a member of the board,
may receive such compensation as shall be fixed by the board of education
prior to the election of the secretary. If the secretary is a member of
the board, he or she may receive such compensation not to exceed $500 per
year as shall be fixed by the board and may vote on all questions coming before the board.
He shall perform the duties usually pertaining to his office, or to
the clerk of a board of directors, and such as are imposed on him by
law, or by action of the board of education. If he is absent from any
meeting or refuses to perform his duties, a secretary pro tempore who
may but need not be a member of the board shall be appointed.
(Source: P.A. 86-682.)
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(105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
Sec. 10-16. Organization of Board. Within 40 days after the consolidated
election, other than the consolidated elections in 1999 and 2001, the
board shall organize by electing its officers and fixing a time and place
for the regular meetings. However, when school board members are elected at
the consolidated elections held in April of 1999 and April of 2001, the board
shall organize within 7 days after the first Tuesday after the first Monday of
November in each such year by electing officers and setting the time and place
of the regular meetings. Upon organizing itself as provided in this paragraph,
the board shall enter upon the discharge of its duties.
The regional superintendent of schools having supervision and control, as
provided in Section 3-14.2, of a new school
district that is governed by the School Code and formed on or after the
effective date of this amendatory Act of 1998 shall convene
the newly elected board within 7 days after the election of the board of
education of that district, whereupon
the board
shall proceed to organize by electing one of their number as
president and
electing a secretary, who may or may not be a member. At such meeting the
length of term of each of the members shall be determined by lot so that 4
shall serve for 4 years, and 3 for 2 years from the commencement of their
terms; provided, however, if such members were not elected at the
consolidated election in an odd-numbered year, such initial
terms shall be
extended to the consolidated election for school board
members immediately
following the expiration of the initial 4 or 2 year terms.
The provisions of this paragraph that relate to the determination of terms by
lot shall not apply to the initial members of the board of education of a
combined school district who are to be elected to unstaggered terms.
The terms of the
officers of a board of education shall be for 2 years, except that
the
terms of the officers elected at the organization meeting in November, 2001
shall expire at the organization meeting in April, 2003; provided that the
board by resolution may
establish a policy for the terms of office to be one year, and provide for
the election of officers.
Special meetings of the board of education may be called by the president
or by any 3 members of the board by giving notice thereof in writing, stating
the time, place and purpose of the meeting. Such notice may be served by
mail 48 hours before such meeting or by personal service 24 hours before
such meeting. Public notice of meetings must also be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of the district shall be afforded time, subject
to reasonable constraints, to comment to or ask questions of the board.
The president or district superintendent shall, at each regular board
meeting, 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. 102-798, eff. 5-13-22.)
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(105 ILCS 5/10-16a) Sec. 10-16a. School board member's leadership training. (a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code who have been elected after the effective date of this amendatory Act of the 97th General Assembly or appointed to fill a vacancy of at least one year's duration after the effective date of this amendatory Act of the 97th General Assembly. (a-5) In this Section, "trauma" has the meaning ascribed to that term in subsection (b) of Section 3-11 of this Code. (b) Every voting member of a school board of a school district elected or appointed for a term beginning after the effective date of this amendatory Act of the 97th General Assembly, within a year after the effective date of this amendatory Act of the 97th General Assembly or the first year of his or her first term, shall complete a minimum of 4 hours of professional development leadership training covering topics in education and labor law, financial oversight and accountability, fiduciary responsibilities of a school board member, and, beginning with the 2023-2024
school year, trauma-informed practices for students and staff. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successfully completed the training. (b-5) The training regarding trauma-informed practices for students and staff required by this
Section must include information that is relevant to and within the scope of the duties of a school board
member. Such information may include, but is not limited to: (1) the recognition of and care for trauma in | ||
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(2) the relationship between staff wellness and | ||
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(3) the effect of trauma on student behavior and | ||
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(4) the prevalence of trauma among students, | ||
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(5) the effects of implicit or explicit bias on | ||
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(6) effective district and school practices that are | ||
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(A) prevent and mitigate the negative effect of | ||
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(B) support the emotional wellness of staff. (c) The training on financial oversight, accountability, fiduciary responsibilities, and, beginning with the 2023-24 school year, trauma-informed
practices for students and staff may be provided by an association established under this Code for the purpose of training school board members or by other qualified providers approved by the State Board of Education, in consultation with an association so established.
(d) The State Board of Education may adopt rules that are necessary for the administration
of the provisions of this Section. (Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24.) |
(105 ILCS 5/10-16.5) Sec. 10-16.5. Oath of office. Each school board member, before taking his or her seat on the board, shall take an oath of office, administered as determined by the board, in substantially the following form: I, (name of member or successful candidate), do | ||
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I further swear (or affirm) that: I shall respect taxpayer interests by serving as a | ||
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I shall encourage and respect the free expression of | ||
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I shall recognize that a board member has no legal | ||
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I shall abide by majority decisions of the board, | ||
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As part of the Board of Education (or Board of School | ||
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I shall foster with the board extensive participation | ||
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I shall assist in establishing a structure and an | ||
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I shall strive to ensure a continuous assessment of | ||
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I shall serve as education's key advocate on behalf | ||
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I shall strive to work together with the district | ||
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(Source: P.A. 100-1055, eff. 1-1-19.) |
(105 ILCS 5/10-16.7)
Sec. 10-16.7. School board duties with respect to superintendent. In addition to all other powers and duties enumerated in this Article, the school board shall make all employment decisions pertaining to the superintendent. The school board shall direct, through policy, the superintendent in his or her charge of the administration of the school district, including without limitation considering the recommendations of the superintendent concerning the budget, building plans, the locations of sites, the selection, retention, and dismissal of employees, and the selection of textbooks, instructional material, and courses of study. The school board shall evaluate the superintendent in his or her administration of school board policies and his or her stewardship of the assets of the district.
(Source: P.A. 94-881, eff. 6-20-06.) |
(105 ILCS 5/10-16.9) Sec. 10-16.9. Bank reconciliation reports. School districts on the financial watch or warning list that are required to submit deficit reduction plans pursuant to Section 17-1 of this Code or that are certified in financial difficulty must transmit the bank reconciliation reports from the school treasurer as required pursuant to Section 8-6 of this Code to the State Board of Education quarterly. The State Board of Education shall establish the dates by which the reconciliation reports must be submitted and provide a template for those districts to utilize.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/10-16.11) Sec. 10-16.11. Payment of outstanding obligations of a Financial Oversight Panel. The school board of a district subject to a Financial Oversight Panel pursuant to Article 1H of this Code that, except for the existence of outstanding financial obligations of the Financial Oversight Panel, would be able to seek abolition of the Panel pursuant to Section 1H-115 of this Code may: (1) spend surplus district funds in an amount sufficient to liquidate the outstanding obligations of the Financial Oversight Panel or (2) issue funding bonds for such purpose as authorized by Sections 19-8 and 19-9 of this Code.
(Source: P.A. 97-429, eff. 8-16-11.) |
(105 ILCS 5/10-17) (from Ch. 122, par. 10-17)
Sec. 10-17. Statement of affairs.
(a) In Class I or Class II county
school units the school board may use either a cash basis or accrual
system of accounting; however, any board so electing to use the accrual
system may not change to a cash basis without the permission of the
State Board of Education.
School Boards using either a cash basis or accrual system of
accounting shall maintain records showing the assets, liabilities and
fund balances in such minimum forms as may be prescribed by the
State Board of Education. Such boards shall make available to the public a
statement of the affairs of the district prior to December 1 annually by submitting the statement of affairs in
such form as may be prescribed by the State Board of Education for
posting on the State Board of Education's Internet website, by having
copies of the statement of affairs available in the main administrative office of the district, and by publishing in a newspaper of general circulation published in the school district an annual statement of affairs summary containing at a minimum all of the following information: (1) A summary statement of operations for all funds | ||
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(2) Except as provided in subdivision (3) of this | ||
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(3) A listing of all personnel, by name, with an | ||
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In this Section, "newspaper of general circulation" means a newspaper of general circulation published in the school district, or, if no newspaper is published in the school district, a newspaper published in the county where the school district is located or, if no newspaper is published in the county, a newspaper published in the educational service region where the regional superintendent of schools has supervision and control of the school district. The submission to the State Board of Education shall include an assurance that the statement of affairs has been made available in the main administrative office of the school district and that the required notice has been published in accordance with this Section.
After December 15 annually, upon 10 days prior written notice to the school district, the State Board of Education may discontinue the processing of payments to the State Comptroller's office on behalf of any school district that is not in compliance with the requirements imposed by this Section. The State Board of Education shall resume the processing of payments to the State Comptroller's Office on behalf of the school district once the district is in compliance with the requirements imposed by this Section.
The State Board of Education must post, on or before January 15, all statements of affairs timely received from school districts.
(b) When any school district is the administrative district for several
school districts operating under a joint agreement as authorized by this
Code, no receipts or disbursements accruing, received or paid out
by that
school district as such an administrative district shall be included in
the statement of affairs of the district required by this Section.
However, that district shall have prepared and made available to the public, in accordance with subsection (a) of this Section, in the same
manner and subject to the same requirements as are provided in this
Section for the statement of affairs of that district, a statement
showing the cash receipts and disbursements by funds (or the revenue,
expenses and financial position, if the accrual system of accounting is
used) of the district as such administrative district, in the form
prescribed by the State Board of Education. The costs of
publishing the notice and summary of this separate statement
prepared by such an administrative
district shall be apportioned among and paid by the participating
districts in the same manner as other costs and expenses accruing to
those districts jointly.
School districts on a cash basis shall have prepared and made available to
the public, in accordance with subsection (a) of this Section, a
statement showing the cash receipts and disbursements by funds in the
form prescribed by the State Board of Education.
School districts using the accrual system of accounting shall have
prepared and made available to the public, in accordance with subsection (a) of this Section, a statement of
revenue
and expenses and a statement
of financial position in the form prescribed by the State Board of Education.
In Class II county school units such statement shall be prepared and
made available to the public, in accordance with subsection (a) of this Section, by the township treasurer of the
unit within which such
districts are located, except with respect to the school board of any
school district that no longer is subject to the jurisdiction and authority
of a township treasurer or trustees of schools of a township
because the district has withdrawn from the jurisdiction and authority of the
township treasurer and trustees of schools of the township or because
those offices have been abolished as provided in subsection (b) or
(c) of Section 5-1, and as to each such school district the statement
required by this Section shall be prepared and made available to the public, in accordance with subsection (a) of this Section, by the school
board of such district in the same manner as required for school boards of
school districts situated in Class I county school units.
(c) The statement of affairs required pursuant to this Section shall contain such information as may
be required by the State Board of Education, including:
1. Annual fiscal year gross payment for certificated | ||
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(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 to $89,999
(e) $90,000 and over
2. Annual fiscal year payment for non-certificated | ||
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(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 and over
3. In addition to wages and salaries all other moneys | ||
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4. Approximate size of school district in square | ||
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5. Number of school attendance centers.
6. Numbers of employees as follows:
(a) Full-time certificated employees;
(b) Part-time certificated employees;
(c) Full-time non-certificated employees;
(d) Part-time non-certificated employees.
7. Numbers of pupils as follows:
(a) Enrolled by grades;
(b) Total enrolled;
(c) Average daily attendance.
8. Assessed valuation as follows:
(a) Total of the district;
(b) Per pupil in average daily attendance.
9. Tax rate for each district fund.
10. District financial obligation at the close of the | ||
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(a) Teachers' orders outstanding;
(b) Anticipation warrants outstanding for each | ||
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11. Total bonded debt at the close of the fiscal | ||
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12. Percent of bonding power obligated currently.
13. Value of capital assets of the district | ||
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(a) Land;
(b) Buildings;
(c) Equipment.
14. Total amount of investments each fund.
15. Change in net cash position from the previous | ||
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In addition to the above report, a report
of expenditures in the aggregate paid on behalf of recipients of $500 or
more, giving the name of the person, firm or corporation and the total
amount received by each shall be available in the school district office
for public inspection. This listing shall include all wages, salaries
and expenditures over $500 expended from any revolving fund maintained
by the district. Any resident of the school district may receive a copy
of this report, upon request, by paying a reasonable charge to defray
the costs of preparing such copy.
This Section does not apply to cities having a population exceeding
500,000.
(Source: P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
(Text of Section from P.A. 103-116)
Sec. 10-17a. State, school district, and school report cards.
(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical means provide to each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31. (2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following: (A) school characteristics and student demographics, | ||
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(B) curriculum information, including, where | ||
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(C) student outcomes, including, where applicable, | ||
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(D) student progress, including, where applicable, | ||
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(E) the school environment, including, where | ||
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(F) a school district's and its individual schools' | ||
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(G) the total and per pupil normal cost amount the | ||
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(H) for a school district organized under Article 34 | ||
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(I) a school district's Final Percent of Adequacy, as | ||
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(J) a school district's Local Capacity Target, as | ||
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(K) a school district's Real Receipts, as defined in | ||
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(L) a school district's administrative costs; (M) whether or not the school has participated in the | ||
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(N) whether the school offered its students career | ||
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The school report card shall also provide
information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.
As used in this subsection (2): "Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district. "Advanced academic program" means a course of study to which students are assigned based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace. "Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet. "Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code. For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school. (2.5) For any school report card prepared after July 1, 2025, for all high school graduation completion rates that are reported on the school report card as required under this Section or by any other State or federal law, the State Superintendent of Education shall also report the percentage of students who did not meet the requirements of high school graduation completion for any reason and, of those students, the percentage that are classified as students who fulfill the requirements of Section 14-16 of this Code. The State Superintendent shall ensure that for the 2023-2024 school year there is a specific code for districts to report students who fulfill the requirements of Section 14-16 of this Code to ensure accurate reporting under this Section. All reporting requirements under this subsection (2.5) shall be included on the school report card where high school graduation completion rates are reported, along with a brief explanation of how fulfilling the requirements of Section 14-16 of this Code is different from receiving a regular high school diploma. (3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district. (4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card. (5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report
cards at a regular school board meeting subject to
applicable notice requirements, post the report cards
on the
school district's Internet web site, if the district maintains an Internet web
site, make the report cards
available
to a newspaper of general circulation serving the district, and, upon
request, send the report cards
home to a parent (unless the district does not maintain an Internet web site,
in which case
the report card shall be sent home to parents without request). If the
district posts the report card on its Internet web
site, the district
shall send a
written notice home to parents stating (i) that the report card is available on
the web site,
(ii) the address of the web site, (iii) that a printed copy of the report card
will be sent to
parents upon request, and (iv) the telephone number that parents may
call to
request a printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8.(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23.) (Text of Section from P.A. 103-263)
Sec. 10-17a. State, school district, and school report cards.
(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical means provide to each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31. (2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following: (A) school characteristics and student demographics, | ||
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(B) curriculum information, including, where | ||
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(C) student outcomes, including, where applicable, | ||
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(D) student progress, including, where applicable, | ||
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(E) the school environment, including, where | ||
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(F) a school district's and its individual schools' | ||
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(G) the total and per pupil normal cost amount the | ||
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(H) for a school district organized under Article 34 | ||
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(I) a school district's Final Percent of Adequacy, as | ||
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(J) a school district's Local Capacity Target, as | ||
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(K) a school district's Real Receipts, as defined in | ||
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(L) a school district's administrative costs; (M) whether or not the school has participated in the | ||
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(N) whether the school offered its students career | ||
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The school report card shall also provide
information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.
As used in this subsection (2): "Accelerated placement" has the meaning ascribed to that term in Section 14A-17 of this Code. "Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district. "Advanced academic program" means a course of study, including, but not limited to, accelerated placement, advanced placement coursework, International Baccalaureate coursework, dual credit, or any course designated as enriched or honors, that a student is enrolled in based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace. "Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet. "Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code. For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school. (3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district. (4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card. (5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report
cards at a regular school board meeting subject to
applicable notice requirements, post the report cards
on the
school district's Internet web site, if the district maintains an Internet web
site, make the report cards
available
to a newspaper of general circulation serving the district, and, upon
request, send the report cards
home to a parent (unless the district does not maintain an Internet web site,
in which case
the report card shall be sent home to parents without request). If the
district posts the report card on its Internet web
site, the district
shall send a
written notice home to parents stating (i) that the report card is available on
the web site,
(ii) the address of the web site, (iii) that a printed copy of the report card
will be sent to
parents upon request, and (iv) the telephone number that parents may
call to
request a printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; 102-813, eff. 5-13-22; 103-263, eff. 6-30-23.) (Text of Section from P.A. 103-413)
Sec. 10-17a. State, school district, and school report cards.
(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical means provide to each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31. (2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following: (A) school characteristics and student demographics, | ||
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(B) curriculum information, including, where | ||
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(C) student outcomes, including, where applicable, | ||
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(D) student progress, including, where applicable, | ||
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(E) the school environment, including, where | ||
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(F) a school district's and its individual schools' | ||
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(G) the total and per pupil normal cost amount the | ||
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(H) for a school district organized under Article 34 | ||
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(I) a school district's Final Percent of Adequacy, as | ||
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(J) a school district's Local Capacity Target, as | ||
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(K) a school district's Real Receipts, as defined in | ||
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(L) a school district's administrative costs; (M) whether or not the school has participated in the | ||
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(N) whether the school offered its students career | ||
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(O) Beginning with the October 2024 report card, the | ||
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The school report card shall also provide
information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.
As used in this subsection (2): "Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district. "Advanced academic program" means a course of study to which students are assigned based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace. "Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet. "Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code. For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school. (3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district. (4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card. (5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report
cards at a regular school board meeting subject to
applicable notice requirements, post the report cards
on the
school district's Internet web site, if the district maintains an Internet web
site, make the report cards
available
to a newspaper of general circulation serving the district, and, upon
request, send the report cards
home to a parent (unless the district does not maintain an Internet web site,
in which case
the report card shall be sent home to parents without request). If the
district posts the report card on its Internet web
site, the district
shall send a
written notice home to parents stating (i) that the report card is available on
the web site,
(ii) the address of the web site, (iii) that a printed copy of the report card
will be sent to
parents upon request, and (iv) the telephone number that parents may
call to
request a printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; 102-813, eff. 5-13-22; 103-413, eff. 1-1-24.) (Text of Section from P.A. 103-503)
Sec. 10-17a. State, school district, and school report cards; Expanded High School Snapshot Report.
(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical means provide to each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31. (2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following: (A) school characteristics and student demographics, | ||
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(B) curriculum information, including, where | ||
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(C) student outcomes, including, where applicable, | ||
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(D) student progress, including, where applicable, | ||
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(E) the school environment, including, where | ||
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(F) a school district's and its individual schools' | ||
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(G) the total and per pupil normal cost amount the | ||
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(H) for a school district organized under Article 34 | ||
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(I) a school district's Final Percent of Adequacy, as | ||
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(J) a school district's Local Capacity Target, as | ||
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(K) a school district's Real Receipts, as defined in | ||
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(L) a school district's administrative costs; (M) whether or not the school has participated in the | ||
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(N) whether the school offered its students career | ||
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The school report card shall also provide
information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.
As used in this subsection (2): "Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district. "Advanced academic program" means a course of study to which students are assigned based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace. "Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet. "Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code. For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school. (3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district. (4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card. (5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report
cards at a regular school board meeting subject to
applicable notice requirements, post the report cards
on the
school district's Internet web site, if the district maintains an Internet web
site, make the report cards
available
to a newspaper of general circulation serving the district, and, upon
request, send the report cards
home to a parent (unless the district does not maintain an Internet web site,
in which case
the report card shall be sent home to parents without request). If the
district posts the report card on its Internet web
site, the district
shall send a
written notice home to parents stating (i) that the report card is available on
the web site,
(ii) the address of the web site, (iii) that a printed copy of the report card
will be sent to
parents upon request, and (iv) the telephone number that parents may
call to
request a printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (7) As used in this subsection (7): "Advanced-track coursework or programs" means any high school courses, sequence of courses, or
class or grouping of students organized to provide more rigorous, enriched, advanced,
accelerated, gifted, or above grade-level instruction. This may include, but is not limited
to, Advanced Placement courses, International Baccalaureate courses, honors, weighted, advanced, or enriched courses, or gifted or
accelerated programs, classrooms, or courses. "Course" means any high school class or course offered by a school that
is assigned a school course code by the State Board of
Education. "English learner coursework or English learner program" means a high school English learner course or program
designated to serve English learners, who may be designated as English
language learners or limited English proficiency learners. "Standard coursework or programs" means any high school courses or classes other than advanced-track coursework or programs, English learner coursework or programs, or special
education coursework or programs. By October 31, 2027 and by October 31 of each subsequent
year, the State Board of Education, through the State
Superintendent of Education, shall prepare a stand-alone report covering high schools, to be referred to as the Expanded High School Snapshot Report. The State Board shall post the Report on the State Board's Internet website. Each school district with a high school shall include on the school district's Internet website, if the district maintains an Internet website, a hyperlink to the Report on the State Board's Internet website titled "Expanded High School Snapshot Report". Hyperlinks under this subsection (7) shall be displayed in a manner
that is easily accessible to the public. The Expanded High School Snapshot Report shall include: (A) a listing of all standard coursework or programs | ||
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(B) a listing of all advanced-track coursework or | ||
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(C) a listing of all English learner coursework or | ||
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(D) a listing of all special education coursework or | ||
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(E) data tables and graphs comparing advanced-track | ||
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(i) the average years of experience of all | ||
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(ii) the average years of experience of all | ||
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(iii) the average years of experience of all | ||
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(iv) the number of high school teachers who | ||
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(v) the number of high school teachers who | ||
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(vi) the number of high school teachers who | ||
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(vii) the average student enrollment and class | ||
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(viii) the percentages of students delineated by | ||
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(ix) the percentages of students delineated by | ||
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(x) the percentages of students delineated by | ||
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(xi) the percentages of high school students in | ||
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(xii) the percentages of high school students in | ||
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(xiii) the percentages of high school students in | ||
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(xiv) the percentage of high school students who | ||
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(xv) the percentage of high school students who | ||
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(xvi) the percentage of high school students who | ||
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(F) data tables and graphs for each race and | ||
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(i) the total number of Advanced Placement | ||
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(ii) the total number of International | ||
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(iii) for each race and ethnicity category and | ||
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(iv) for each race and ethnicity category and | ||
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(v) for each race and ethnicity category, as | ||
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For data on teacher experience and education under this subsection (7), a teacher who teaches a combination
of courses designated as advanced-track coursework or programs, English learner coursework or programs, or standard coursework or programs shall be included in all relevant
categories and the teacher's level of
experience shall be added to the categories.(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; 102-813, eff. 5-13-22; 103-503, eff. 1-1-24.) |
(105 ILCS 5/10-18) (from Ch. 122, par. 10-18)
Sec. 10-18.
Orders.
Every order issued by the school board shall state for what purposes
or on what account it is issued, and shall be in the following form:
$.... State of Illinois, (insert date)
THE TREASURER
(Insert name)
Of School District No. .... in .... County,
Pay to the order of .... the sum of .... Dollars, for
By order of the School Board of
District No. ...., in said County.
Order No. ....
...................President
........Clerk (or Secretary)
An order paid in full and properly endorsed shall be a sufficient
receipt for the purposes of this Act. The school board shall issue no
order, except for teachers' wages, unless at the time there are sufficient
funds in the hands of the treasurer to pay it.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental programs. Each school
board shall annually prepare a calendar for the school term, specifying
the opening and closing dates and providing a minimum term of at least 185
days to insure 176 days of actual pupil attendance, computable under Section 10-19.05, except that for the 1980-1981 school year only 175 days
of actual
pupil attendance shall be required because of the closing of schools pursuant
to Section 24-2 on January 29, 1981 upon the appointment by the President
of that day as a day of thanksgiving for the freedom of the Americans who
had been held hostage in Iran. Any days allowed by law for teachers' institutes
but not used as such or used as parental institutes as provided
in Section 10-22.18d shall increase the minimum term by the school days not
so used. Except as provided in Section 10-19.1, the board may not extend
the school term beyond such closing date unless that extension of term is
necessary to provide the minimum number of computable days. In case of
such necessary extension school employees
shall be paid for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier than that
set on the annual calendar when the schools of the district have
provided the minimum number of computable days under this Section.
Nothing in this Section prevents the board from employing
superintendents of schools, principals and other nonteaching personnel
for a period of 12 months, or in the case of superintendents for a
period in accordance with Section 10-23.8, or prevents the board from
employing other personnel before or after the regular school term with
payment of salary proportionate to that received for comparable work
during the school term. Remote learning days, blended remote learning days, and up to 5 remote and blended remote learning planning days established under Section 10-30 or 34-18.66 shall be deemed pupil attendance days for calculation of the length of a school term under this Section.
A school board may make such changes in its calendar for the school term
as may be required by any changes in the legal school holidays prescribed
in Section 24-2. A school board may make changes in its calendar for the
school term as may be necessary to reflect the utilization of teachers'
institute days as parental institute days as provided in Section 10-22.18d.
The calendar for the school term and any changes must be submitted to and approved by the regional superintendent of schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education and subject
to review by the State Board of Education every 3 years, any school
board may, by resolution of its board and in agreement with affected
exclusive collective bargaining agents, establish experimental
educational programs, including but not limited to programs for e-learning days as authorized under Section 10-20.56 of this Code,
self-directed learning, or outside of formal class periods, which programs
when so approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil attendance and
with the other requirements of this Act as respects courses of instruction.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
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(105 ILCS 5/10-19.05) Sec. 10-19.05. Daily pupil attendance calculation. (a) Except as otherwise provided in this Section, for a pupil of legal school age and in kindergarten or any of grades 1 through 12, a day of attendance shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of (i) teachers or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances specified in subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18. Days of attendance by pupils through verified participation in an e-learning program adopted by a school board and verified by the regional office of education or intermediate service center for the school district under Section 10-20.56 of this Code shall be considered as full days of attendance under this Section. (b) A pupil regularly enrolled in a public school for only a part of the school day may be counted on the basis of one-sixth of a school day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment, unless a pupil is enrolled in a block-schedule format of 80 minutes or more of instruction, in which case the pupil may be counted on the basis of the proportion of minutes of school work completed each day to the minimum number of minutes that school work is required to be held that day. (c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent of schools and approval by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions. (d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 10 days per school year, provided that a district conducts an in-service training program for teachers in accordance with Section 10-22.39 of this Code, or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day required for a legal school calendar pursuant to Section 10-19 of this Code; (2) when, of the 5 days allowed under item (1), a maximum of 4 days are used for parent-teacher conferences, or, in lieu of 4 such days, 2 full days are used, in which case each such day may be counted as a calendar day required under Section 10-19 of this Code, provided that the full-day, parent-teacher conference consists of (i) a minimum of 5 clock hours of parent-teacher conferences, (ii) both a minimum of 2 clock hours of parent-teacher conferences held in the evening following a full day of student attendance and a minimum of 3 clock hours of parent-teacher conferences held on the day immediately following evening parent-teacher conferences, or (iii) multiple parent-teacher conferences held in the evenings following full days of student attendance in which the time used for the parent-teacher conferences is equivalent to a minimum of 5 clock hours; and (3) when days in addition to those provided in items (1) and (2) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels and different attendance centers of the district. (e) A session of not less than one clock hour of teaching hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as a half day of attendance; however, these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance. (f) A session of at least 4 clock hours may be counted as a day of attendance for first grade pupils and pupils in full-day kindergartens, and a session of 2 or more hours may be counted as a half day of attendance by pupils in kindergartens that provide only half days of attendance. (g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as a half day of attendance; however, for such children whose educational needs require a session of 4 or more clock hours, a session of at least 4 clock hours may be counted as a full day of attendance. (h) A recognized kindergarten that provides for only a half day of attendance by each pupil shall not have more than one half day of attendance counted in any one day. However, kindergartens may count 2 and a half days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens that provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in the case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under rules of the State Board of Education. (i) On the days when the State's final accountability assessment is administered under subsection (c) of Section 2-3.64a-5 of this Code, the day of attendance for a pupil whose school day must be shortened to accommodate required testing procedures may be less than 5 clock hours and shall be counted toward the 176 days of actual pupil attendance required under Section 10-19 of this Code, provided that a sufficient number of minutes of school work in excess of 5 clock hours are first completed on other school days to compensate for the loss of school work on the examination days. (j) Pupils enrolled in a remote educational program established under Section 10-29 of this Code may be counted on the basis of a one-fifth day of attendance for every clock hour of instruction attended in the remote educational program, provided that, in any month, the school district may not claim for a student enrolled in a remote educational program more days of attendance than the maximum number of days of attendance the district can claim (i) for students enrolled in a building holding year-round classes if the student is classified as participating in the remote educational program on a year-round schedule or (ii) for students enrolled in a building not holding year-round classes if the student is not classified as participating in the remote educational program on a year-round schedule. (j-5) The clock hour requirements of subsections (a) through (j) of this Section do not apply if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The State Superintendent of Education may establish minimum clock hour requirements under Sections 10-30 and 34-18.66 if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (k) Pupil participation in any of the following activities shall be counted toward the calculation of clock hours of school work per day: (1) Instruction in a college course in which a | ||
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(2) Participation in a Supervised Career | ||
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(3) Participation in a youth apprenticeship, as | ||
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(4) Participation in a blended learning program | ||
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(Source: P.A. 103-560, eff. 1-1-24.) |
(105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
Sec. 10-19.1. Full year school plan. (a) Any school district may, by resolution of its board, operate one or
more schools within the district on a full year school plan approved by
the State Board of Education.
Any board which operates under
this subsection (a) shall devise a plan so that a student's required attendance
in school shall be for a minimum term of 180 days of actual attendance,
including not more than 4 institute days, during a 12 month period, but
shall not exceed 185 days. Under such plan, no teacher shall be required
to teach more than 185 days. A calendar of 180 days may be established
with the approval of the State Board of Education.
(b) Any school board that operates one or more schools within the school district on a pilot full-year school plan under subsection (a-5) of Section 2-3.25f of this Code shall devise a plan so that a student's required attendance in school shall be for a minimum term of 215 days of actual attendance, including not more than 4 institute days, during a 12-month period. A calendar of 215 days may be established with the approval of the State Board of Education. (Source: P.A. 97-370, eff. 1-1-12.)
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(105 ILCS 5/10-19.2) (from Ch. 122, par. 10-19.2)
Sec. 10-19.2.
Full year feasibility study - grant - transitional
expenditure reimbursement.
Any school district, including special charter districts, may, by
resolution of its board, file an application with the State Board of Education
and, if approved, receive funds for
the purpose of conducting a study of the feasibility of operating one or
more schools within the district on a full year school plan pursuant to
Section 10-19.1. Such feasibility study shall include, but need not be
limited to, the educational program, building and space needs,
administrative and personnel costs, pupil distribution in the district,
community attitudes and transportation costs. The Board of Education of
any district which conducts a feasibility study pursuant to this Section
shall submit a final report to the State Board of Education upon completion
of the study or within one year after
receipt of funds, whichever occurs first.
School districts seeking State financial support to conduct
feasibility studies shall file applications with the State Board of Education
on forms provided by the State
Board.
The State Board of Education may grant or deny applications,
in whole or in part,
and provide the funds necessary to implement approved applications,
provided that the total amount of funds necessary to implement approved
applications does not exceed the annual appropriation for that purpose.
If, based upon the results of a full year feasibility study, a school
district determines that it will operate one or more schools within the
district in accordance with Section 10-19.1, the State Board of Education
may, pursuant to guidelines established by the
State Board, reimburse such district for expenditures resulting
from making
such transition, provided that no expenditure shall be reimbursed which
would have been incurred by a school district in the absence of a
changeover to a full year school program.
In the event any funds appropriated for transition reimbursement
during any fiscal year are insufficient for that purpose, payment shall
be made in the proportion that the total amount of such expenditures
bears to the total amount of money available for payment.
(Source: P.A. 81-1508.)
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(105 ILCS 5/10-19.3) (from Ch. 122, par. 10-19.3)
Sec. 10-19.3.
Advertisements for employees during strikes.
No school
board shall advertise seeking to hire employees to replace employees on
strike without stating in such advertisement that a strike is in progress.
(Source: P.A. 84-468.)
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(105 ILCS 5/10-20) (from Ch. 122, par. 10-20)
Sec. 10-20.
Powers of school board.
The school board has the
powers enumerated in the Sections of this Article following
this Section. This enumeration of powers is
not exclusive, but the board may exercise all other powers not inconsistent
with this Act that may be requisite or proper for the maintenance, operation,
and development of any school or schools under the jurisdiction of the board.
This grant of powers does not release a school board from any duty imposed upon
it by this Act or any other law.
(Source: P.A. 88-670, eff. 12-2-94; 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-20.1) (from Ch. 122, par. 10-20.1)
Sec. 10-20.1.
Records to be retained.
To maintain records to substantiate all district claims for State aid
in accordance with regulations prescribed by the State Board of Education
and to retain such records for
a period of three
years.
(Source: P.A. 81-1508.)
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(105 ILCS 5/10-20.2) (from Ch. 122, par. 10-20.2)
Sec. 10-20.2.
Report of teachers employed.
To report to the county superintendent within ten days after their
employment the names of all teachers employed, with the dates of the
beginning and end of their contracts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-20.2b)
Sec. 10-20.2b. (Repealed).
(Source: P.A. 85-611. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-20.3) (from Ch. 122, par. 10-20.3)
Sec. 10-20.3.
Revenue to be provided.
To provide for the revenue necessary to maintain schools in their
districts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-20.4) (from Ch. 122, par. 10-20.4)
Sec. 10-20.4.
District in two or more townships - Treasurer to receive taxes.
To determine, in case of a district which is situated in a Class
II county school unit and which is subject to the jurisdiction and
authority of the trustees of schools of a township but
composed of parts of two or more townships, which treasurer is to receive
the taxes of the district, and to notify the collectors in writing
accordingly.
(Source: P.A. 86-1441.)
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(105 ILCS 5/10-20.5) (from Ch. 122, par. 10-20.5)
Sec. 10-20.5.
Rules.
To adopt and enforce all necessary rules for the management and
government of the public schools of their district. Rules adopted by the
school board shall be filed for public inspection in the administrative
office of the district.
(Source: P.A. 81-1003.)
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(105 ILCS 5/10-20.5a) (from Ch. 122, par. 10-20.5a)
Sec. 10-20.5a. Access to high school campus.
(a) For school districts maintaining grades 10 through 12,
to provide, on an equal
basis, and consistent with the federal Educational Rights and Privacy Act,
access to a high school campus and student directory
information
to the official recruiting representatives of
the armed forces of Illinois and the United States, and State public institutions of higher education for the purpose of informing
students of educational and career opportunities
if the board has provided such access to persons or groups whose purpose
is to acquaint students with educational or occupational opportunities
available
to them. The board is not required to give greater notice regarding the
right of access to recruiting representatives than is given to other persons
and groups.
In this Section, "directory information" means a high school student's
name, address, and telephone number.
(b) If a student or his or her parent or guardian submits a signed,
written request to the high school before the end of the student's sophomore
year (or if the student is a transfer student, by another time set
by the
high school) that indicates that the student or his or her parent or
guardian does
not want the student's directory information to be provided to official
recruiting representatives under subsection (a) of this Section, the high
school may not provide access to the student's directory information to
these recruiting representatives. The high school shall notify its
students and their parents or guardians of the provisions of this
subsection (b).
(c) A high school may require official recruiting representatives of
the armed forces of Illinois and the United States to pay a fee for copying
and mailing a student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting representative
under this Section may be used only to provide information to students
concerning educational and career opportunities
and may not be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United States, or State institutions of higher education. (e) By January 1, 2024, student directory information shall be made electronically accessible through a secure centralized data system for official recruiting representatives of the armed forces of Illinois and the United States, and State public institutions of higher education.
(Source: P.A. 103-204, eff. 1-1-24.)
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(105 ILCS 5/10-20.5b) (from Ch. 122, par. 10-20.5b)
Sec. 10-20.5b. Tobacco prohibition. Each school board shall prohibit
the use of tobacco on school property by any school personnel, student, or
other person when such property is being used for
any school purposes. The school board may
not authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including, without limitation, outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" includes, but is not limited to,
all events or activities or other use of school property that the school
board or school officials authorize or permit on school property, including,
without limitation,
all interscholastic or extracurricular athletic, academic, or other events
sponsored by the school board or in which pupils of the district
participate. For purposes of this Section "tobacco" shall mean a cigarette, a
cigar, or tobacco in any other form, including smokeless tobacco which is
any loose, cut, shredded, ground, powdered, compressed, or leaf tobacco that
is intended to be placed in the mouth without being smoked.
(Source: P.A. 102-558, eff. 8-20-21.)
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(105 ILCS 5/10-20.6) (from Ch. 122, par. 10-20.6)
Sec. 10-20.6. Maintain schools.
To maintain the public schools under their jurisdiction
as the good of the schools may require and in conformance with the code
authorized in Section 2-3.12.
(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/10-20.7) (from Ch. 122, par. 10-20.7)
Sec. 10-20.7.
Appoint teachers and fix salaries.
To appoint all teachers and fix the amount of their salaries, subject to
limitations set forth in this Act. In fixing salaries of certificated
employees, school boards shall make no discrimination on account of sex and
there shall be no loss in salary because of jury duty or because such
employee, pursuant to subpoena issued by the clerk of a court and served on
such employee, attends as a witness upon trial or to have his or her
deposition taken in any school related matter pending in court, except that the
board may make a deduction equal to the amount received for such jury duty
or for per diem fees which the employee is entitled to receive for
complying with such subpoena. Certified employees may be paid full salary
by the board when in the active service of this State, under orders of the
Commander-in-Chief, as members of the Illinois National Guard or Illinois
Naval Militia, provided that the board may deduct from such salary any
amounts received for such State service. A school board may at any time
after January 1 employ teachers for the school year beginning on the
following July 1.
(Source: P.A. 86-1366.)
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(105 ILCS 5/10-20.7a) (from Ch. 122, par. 10-20.7a)
Sec. 10-20.7a.
Minority recruitment policy.
To develop and implement,
by 1991, a policy of recruitment and hiring of minority teachers, other
certificated employees and non-certificated employees, including
custodians, lunch room staff and teacher aides.
(Source: P.A. 86-227.)
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(105 ILCS 5/10-20.7b) (from Ch. 122, par. 10-20.7b)
Sec. 10-20.7b.
Active military service.
Any certificated or
non-certificated employee of a school board 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 school board 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
school board 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 school board or district policy shall
be controlling.
(Source: P.A. 92-660, eff. 7-16-02.)
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(105 ILCS 5/10-20.8) (from Ch. 122, par. 10-20.8)
Sec. 10-20.8.
Branches of study, textbooks and apparatus.
To direct what branches of study shall be taught and what apparatus
shall be used. Subject to Article 28 of this Act, to direct what
textbooks shall be used and to enforce uniformity of textbooks in the
public schools; but not to maintain grades above the eighth unless such
grades were maintained during the school year ended June 30, 1959.
Notwithstanding any other provision of this Section or the School Code,
no school board may purchase any textbook for use in the public schools
from any textbook publisher that fails to furnish any computer diskettes as
required under Section 28-21.
(Source: P.A. 87-1071.)
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(105 ILCS 5/10-20.9)
Sec. 10-20.9. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a. Final grade; promotion.
(a) Teachers shall
administer the approved
marking system or other approved means of evaluating pupil progress. The
teacher shall maintain the responsibility and right to determine grades and
other evaluations of students within the grading policies of the district
based upon his or her professional judgment of available criteria pertinent
to any given subject area or activity for which he or she is responsible.
District policy shall provide the procedure and reasons by and for which
a grade may be changed; provided that no grade or evaluation shall be
changed without notification to the teacher concerning the nature and
reasons for such change. If such a change is made, the person
making
the change shall assume such responsibility for determining the grade or
evaluation, and shall initial such change.
(b) School districts shall not promote students to the next
higher grade level based upon age or any other social reasons not related to
the academic performance of the students. On or before September 1, 1998,
school boards shall adopt and enforce a policy on promotion as they deem necessary to ensure that students
meet
local goals and objectives and can perform at the expected grade level prior to
promotion.
Decisions to promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance, performance based on the assessments required under Section 2-3.64a-5 of this Code, the Iowa Test of Basic Skills, or
other testing or any other criteria established by the school board. Students
determined by the local district to not qualify for promotion to the next
higher grade shall be provided remedial assistance, which may include, but
shall not be limited to, a summer bridge program of no less than 90 hours,
tutorial sessions, increased or concentrated instructional time, modifications
to instructional materials, and retention in grade.
(c) No public high school of a school district shall withhold a student's grades, transcripts, or diploma because of an unpaid balance on the student's school account. At the end of each school year, the school district shall catalogue and report to the State Board of Education the total amount that remains unpaid by students due to the prohibition under this subsection (c). (d) On and after 3 years from the effective date of this amendatory Act of the 102nd General Assembly, subsection (c) is inoperative. (Source: P.A. 102-727, eff. 5-6-22.)
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(105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
Sec. 10-20.12. School year - School age. To establish and keep in
operation in each year during a school term of at least the minimum length
required by Section 10-19, a sufficient number of free schools for the
accommodation of all persons in the district who are 5 years of age or
older but under 21 years of age, and to secure for all such persons the
right and opportunity to an equal education in such schools; provided that (i)
children who will attain the age of 5 years on or before September 1 of the
year of the 1990-1991 school term and each school term thereafter may
attend school upon the commencement of such term and (ii) based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term. However, Section 33 of the Educational Opportunity for Military Children Act shall apply to children of active duty military personnel. Based upon an assessment
of a child's readiness to attend school, a school district may permit a
child to attend school prior to the dates contained in this Section. In any
school district operating on a full year school basis children who will
attain age 5 within 30 days after the commencement of a term may attend
school upon the commencement of such term and, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain age 6 within 4 months after the commencement of a term may attend first grade upon the commencement of such term. The school district may, by
resolution of its board, allow for a full year school plan.
(Source: P.A. 98-673, eff. 6-30-14.)
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(105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
Sec. 10-20.12a. Tuition for non-resident pupils. (a) To charge non-resident pupils who attend the schools of the district
tuition in an amount not exceeding 110% of the per capita
cost of maintaining the schools of the district for the preceding school year.
Such per capita cost shall be computed by dividing the total cost of
conducting and maintaining the schools of the district by the average daily
attendance, including tuition pupils. Depreciation on the buildings and
equipment of the schools of the district, and the amount of annual
depreciation on such buildings and equipment shall be dependent upon the
useful life of such property.
The tuition charged shall in no case exceed 110% of the per capita
cost of conducting and maintaining the schools of the district attended, as
determined
with reference to the most recent audit prepared under Section 3-7 which is
available at the commencement of the current school year.
Non-resident pupils attending the schools of the district
for less than the
school term shall have their tuition apportioned, however pupils who become
non-resident during a school term shall not be charged tuition for the
remainder of the school term in which they became non-resident pupils. Notwithstanding the provisions of this Section, a school district may adopt a policy to waive tuition costs for a non-resident pupil if the pupil is a child of a district employee. For purposes of this paragraph, "child" means a district employee's child who is a biological child, adopted child, foster child, stepchild, or a child for which the employee serves as a legal guardian.
(b) Unless otherwise agreed to by the parties involved and where the
educational services are not otherwise provided for, educational services
for an Illinois student under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) in any residential program
shall be provided by
the district in which the facility is located and financed as follows. The
cost of educational services shall be paid by the district in which the
student resides in an amount equal to the cost of providing educational
services in the residential facility. Payments shall be made by the district
of the student's residence and shall be made to the district wherein the
facility is located no less than once per month unless otherwise agreed to
by the parties. The funding provision of this subsection (b) applies to all Illinois students under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) receiving educational services in residential facilities, irrespective of whether the student was placed therein pursuant to this Code or the Juvenile Court Act of 1987 or by an Illinois public agency or a court. The changes to this subsection (b) made by this amendatory Act of the 95th General Assembly apply to all placements in effect on July 1, 2007 and all placements thereafter. For purposes of this subsection (b), a student's district of residence shall be determined in accordance with subsection (a) of Section 10-20.12b of this Code. The placement of a student in a residential facility shall not affect the residency of the student. When a dispute arises over the determination of the district of residence under this subsection (b), any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 103-111, eff. 6-29-23.)
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(105 ILCS 5/10-20.12b)
Sec. 10-20.12b. Residency; payment of tuition; hearing; criminal penalty.
(a) For purposes of this Section:
(1) The residence of a person who has legal custody | ||
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(2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive | ||
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(ii) Custody granted by order of a court of | ||
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(iii) Custody exercised under a statutory | ||
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(iv) Custody exercised by an adult caretaker | ||
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(v) Custody exercised by an adult who | ||
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(a-5) If a pupil's change of residence is due to the military service obligation of a person who has legal custody of the pupil, then, upon the written request of the person having legal custody of the pupil, the residence of the pupil is deemed for all purposes relating to enrollment (including tuition, fees, and costs), for the duration of the custodian's military service obligation, to be the same as the residence of the pupil immediately before the change of residence caused by the military service obligation. A school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this subsection (a-5). School districts shall facilitate re-enrollment when necessary to comply with this subsection (a-5). (b) Except as otherwise provided under Section 10-22.5a, only resident
pupils of a school district may attend the schools of the district without
payment of the tuition required to be charged under Section 10-20.12a.
However, children for whom the Guardianship Administrator of the Department of
Children and Family Services has been appointed temporary custodian or guardian
of the person of a child shall not be charged tuition as a nonresident pupil if
the child was placed by the Department of Children and Family Services with a
foster parent or placed in another type of child care facility and the foster
parent or child care facility is located in a school district other than
the child's former school district and it is determined by the Department of
Children and Family Services to be in the child's
best interest to maintain attendance at his or her former school district.
(c) The provisions of this subsection do not apply in school districts
having a population of 500,000 or more.
If a school board in a school district with a population of less than
500,000 determines that a pupil who is attending school in
the district on a tuition free basis is a nonresident of the district for whom
tuition is required to be charged under Section 10-20.12a, the board shall
notify the person who enrolled the pupil of the amount of the tuition
charged under Section 10-20.12a that is due to the district for a nonresident
pupil's attendance in the district's schools. The notice shall detail the specific reasons why the board believes that the pupil is a nonresident of the district and shall be given by
certified mail, return receipt requested. Within 10 calendar days after receipt of the
notice, the person who enrolled the pupil may request a hearing to
review the determination of the school board. The request shall be sent by
certified mail, return receipt requested, to the district superintendent.
Within 10 calendar days after receipt of the request, the board shall notify, by
certified mail, return receipt requested, the person requesting the hearing of
the time and place of the hearing, which shall be held not less than 10 nor
more than 20 calendar days after the
notice of hearing is given. At least 3 calendar days prior to the hearing, each party shall disclose to the other party all written evidence and testimony that it may submit during the hearing and a list of witnesses that it may call to testify during the hearing. The hearing notice shall notify the person requesting the hearing that any written evidence and testimony or witnesses not disclosed to the other party at least 3 calendar days prior to the hearing are barred at the hearing without the consent of the other party. The board or a hearing officer designated by the
board shall conduct the hearing. The board and the person who enrolled
the pupil may be represented at the hearing by representatives of their
choice. At the hearing, the person who enrolled the pupil shall have the
burden of going forward with the evidence concerning the pupil's residency. If
the hearing is conducted by a hearing officer, the hearing officer,
within 5 calendar days after the conclusion of the hearing, shall send a written report
of his or her findings by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil.
The person who enrolled the pupil may, within 5 calendar days
after receiving the findings, file written objections to the findings with the
school board by sending the objections by certified mail, return receipt
requested, addressed to the district superintendent.
Whether the hearing is conducted by the school board or a hearing officer, the
school board shall, within 30 calendar days after the conclusion of the hearing, decide
whether or not the pupil is a resident of the district and the amount of any
tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. The school board shall send
a copy of its decision within 5 calendar days of its decision to the person who enrolled the
pupil by certified mail, return receipt requested. This decision must inform the person who enrolled the pupil that he or she may, within 5 calendar days after receipt of the decision of the board, petition the regional superintendent of schools to review the decision. The decision must also include notification that, at the request of the person who enrolled the pupil, the pupil may continue attending the schools of the district pending the regional superintendent of schools' review of the board's decision but that tuition shall continue to be assessed under Section 10-20.12a of this Code during the review period and become due upon a final determination of the regional superintendent of schools that the student is a nonresident.
Within 5 calendar days after receipt of the decision of the board pursuant to this subsection (c) of this Section, the person who enrolled the pupil may petition the regional superintendent of schools who exercises supervision and control of the board to review the board's decision. The petition must include the basis for the request and be sent by certified mail, return receipt requested, to both the regional superintendent of schools and the district superintendent. Within 5 calendar days after receipt of the petition, the board must deliver to the regional superintendent of schools the written decision of the board, any written evidence and testimony that was submitted by the parties during the hearing, a list of all witnesses that testified during the hearing, and any existing written minutes or transcript of the hearing or verbatim record of the hearing in the form of an audio or video recording documenting the hearing. The board may also provide the regional superintendent of schools and the petitioner with a written response to the petition. The regional superintendent of schools' review of the board's decision is limited to the documentation submitted to the regional superintendent of schools pursuant to this Section. Within 10 calendar days after receipt of the documentation provided by the school district pursuant to this Section, the regional superintendent of schools shall issue a written decision as to whether or not there is clear and convincing evidence that the pupil is a resident of the district pursuant to this Section and eligible to attend the district's schools on a tuition-free basis. The decision shall be transmitted to the board and the person who enrolled the pupil and shall, with specificity, detail the rationale behind the decision. (c-5) The provisions of this subsection apply only in school districts
having a population of 500,000 or more. If the board of education of a school
district with a population of 500,000 or more determines that a pupil who is
attending school in the district on a tuition free basis is a nonresident of
the district for whom tuition is required to be charged under Section
10-20.12a, the board shall notify the person who enrolled the pupil of the
amount of the tuition charged under Section 10-20.12a that is due to the
district for the nonresident pupil's attendance in the district's schools. The
notice shall be given by certified mail, return receipt requested. Within 10 calendar
days after receipt of the notice, the person who enrolled the pupil may request
a hearing to review the determination of the school board. The request shall
be sent by certified mail, return receipt requested, to the district
superintendent. Within 30 calendar days after receipt of the
request, the board shall notify, by certified mail, return receipt requested,
the person requesting the hearing of the time and place of the hearing, which
shall be held not less than 10 calendar nor more than 30 calendar days after the notice of
hearing is given. The board or a hearing officer designated by the board shall
conduct the hearing. The board and the person who enrolled the pupil may each
be represented at the hearing by a representative of their choice. At the
hearing, the person who enrolled the pupil shall have the burden of going
forward with the evidence concerning the pupil's residency. If the hearing is
conducted by a hearing officer, the hearing officer, within 20 calendar days after the
conclusion of the hearing, shall serve a written report of his or her findings
by personal service or by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil. The person who enrolled
the pupil may, within 10 calendar days after receiving the findings, file written
objections to the findings with the board of education by sending the
objections by certified mail, return receipt requested, addressed to the
general superintendent of schools. If the hearing is conducted by the board of
education, the board shall, within 45 calendar days after the
conclusion of the hearing, decide whether or not the pupil is a resident of the
district and the amount of any tuition required to be charged under Section
10-20.12a as a result of the pupil's attendance in the schools of the district.
If the hearing is conducted by a hearing officer, the board of education
shall, within 45 days after the receipt of the hearing officer's findings,
decide whether or not the pupil is a resident of the district and the amount of
any tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. The board of education
shall send, by certified mail, return receipt requested, a copy of its decision
to the person who enrolled the pupil, and the decision of the board shall be
final.
(d) If a hearing is requested under subsection (c) of this Section to review
the determination of the school board or board of education that a nonresident pupil is attending the schools of the
district without payment of the tuition required to be charged under Section
10-20.12a, the pupil may, at the request of the person who enrolled
the pupil, continue attendance at the schools of the district pending the
decision of the board or regional superintendent of schools, as applicable, and the school district's payments under Section 18-8.05 of this Code shall not be adjusted due to tuition collection under this Section. However, attendance of
that pupil in the schools of the district as authorized by this subsection (d)
shall not relieve any person who enrolled the pupil of the obligation to pay
the tuition
charged for that attendance under Section 10-20.12a if the final decision of
the board or regional superintendent of schools is that the pupil is a nonresident of the district.
If a pupil is determined to be a nonresident of the district for whom tuition
is required to be charged pursuant to this Section, the board shall
refuse to permit the pupil to continue attending the schools of the district
unless the required tuition is paid for the pupil.
(d-5) If a hearing is requested under subsection (c-5) of this Section to review the determination of the board of education that a nonresident pupil is attending the schools of the district without payment of the tuition required to be charged under Section 10-20.12a of this Code, the pupil may, at the request of the person who enrolled the pupil, continue attendance at the schools of the district pending a final decision of the board following the hearing. However, attendance of that pupil in the schools of the district as authorized by this subsection (d-5) shall not relieve any person who enrolled the pupil of the obligation to pay the tuition charged for that attendance under Section 10-20.12a of this Code if the final decision of the board is that the pupil is a nonresident of the district. If a pupil is determined to be a nonresident of the district for whom tuition is required to be charged pursuant to this Section, the board shall refuse to permit the pupil to continue attending the schools of the district unless the required tuition is paid for the pupil. (e) Except for a pupil referred to in subsection (b) of Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or a pupil referred to in subsection
(b) of this Section, a person who knowingly enrolls or
attempts to enroll in the schools of a school district on a tuition free basis
a pupil known by that person to be a nonresident of the district shall be
guilty of a Class C misdemeanor.
(f) A person who knowingly or wilfully presents to any school district any
false information regarding the residency of a pupil for the purpose of
enabling that pupil to attend any school in that district without the payment
of a nonresident tuition charge shall be guilty of a Class C misdemeanor.
(g) The provisions of this Section are subject to the provisions of the
Education for Homeless Children Act. Nothing in this Section shall be
construed to apply to or require the payment of tuition by a parent or guardian
of a "homeless child" (as that term is defined in Section 1-5 of the Education
for Homeless Children Act) in connection with or as a result of the homeless
child's continued education or enrollment in a school that is chosen in
accordance with any of the options provided in Section 1-10 of that Act.
(Source: P.A. 99-670, eff. 1-1-17.)
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(105 ILCS 5/10-20.13)
Sec. 10-20.13. Textbooks for children of parents unable to buy them; waiver of
fees and fines. (a) To purchase, at the
expense of the district, a sufficient number of
textbooks for children whose parents are unable to buy them, including,
but not limited to, children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 CFR 245 et seq.) and homeless children and youth as defined in Section 11434a of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), subject to verification as set forth in subsection (c) of this Section. Such textbooks
shall be loaned only, and the directors shall require the teacher to see
that they are properly cared for and returned at the end of each term of
school.
(b) To waive all fees and any fines for the loss of school property assessed by the district on children whose parents
are unable to afford them, including, but not limited to: (1) children living in households that meet the free | ||
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(2) homeless children and youth as defined in Section | ||
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Notice of waiver availability shall be given to parents or guardians with every bill for fees or fines.
The school board
shall adopt written policies and procedures for such waiver of fees in
accordance with regulations promulgated by the State Board of Education.
(c) Any school board that participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245 et seq.) as the basis for waiving fees assessed by the school district must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245.6a). A school board that establishes a process for the determination of eligibility for waiver of fees assessed by the school district that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based child nutrition program may provide for fee waiver verification no more often than once per academic year. Information obtained during the independent, fee waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees or fines for the loss of school property, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program. This subsection shall not preclude children from obtaining waivers at any point during the academic year. (Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
Sec. 10-20.14. Student discipline policies; parent-teacher advisory
committee.
(a) To establish and maintain
a parent-teacher advisory committee to develop with the school board or governing body of a charter school
policy guidelines on pupil discipline, including school searches and bullying prevention as set forth in Section 27-23.7 of this Code. School authorities shall
furnish a copy of the
policy to the parents or guardian of each pupil within 15 days after
the beginning of the school year, or within 15 days after starting classes
for a pupil who transfers into the district during the school year, and the school board or governing body of a charter school shall
require that a school inform its pupils of the contents of the policy.
School boards and the governing bodies of charter schools, along with the parent-teacher advisory committee, must annually review their pupil discipline policies, the
implementation of those policies, and any other factors related to the safety
of their
schools, pupils, and staff.
(a-5) On or before September 15, 2016, each elementary and secondary school and charter school shall, at a minimum, adopt pupil discipline policies that fulfill the requirements set forth in this Section, subsections (a) and (b) of Section 10-22.6 of this Code, Section 34-19 of this Code if applicable, and federal and State laws that provide special requirements for the discipline of students with disabilities. (b) The parent-teacher advisory
committee in cooperation with local law enforcement agencies shall develop,
with the school board, policy guideline procedures to
establish
and maintain a reciprocal reporting system between the school district and
local law enforcement agencies regarding criminal offenses committed by
students. School districts are encouraged to create memoranda of understanding with local law enforcement agencies that clearly define law enforcement's role in schools, in accordance with Section 10-22.6 of this Code.
(c) The parent-teacher advisory committee, in cooperation with school bus
personnel, shall develop, with the school board, policy guideline procedures to
establish and maintain school bus safety procedures. These procedures shall be
incorporated into the district's pupil discipline policy.
(d) The school board, in consultation with the parent-teacher
advisory committee and other community-based organizations, must include
provisions in the student discipline
policy to address students who have demonstrated behaviors that put them at
risk for aggressive behavior, including without limitation bullying, as
defined in the policy. These provisions must include
procedures for notifying parents or legal guardians and
early intervention procedures
based upon available community-based and district resources.
(Source: P.A. 99-456, eff. 9-15-16.)
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(105 ILCS 5/10-20.14a) (from Ch. 122, par. 10-20.14a)
Sec. 10-20.14a.
Meal breaks for noncertificated employees.
To provide
each noncertificated employee who works 7 1/2 continuous hours or longer
with at least 30 minutes duty free for a meal break beginning no later than
5 hours after the start of the work period.
(Source: P.A. 84-1294.)
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(105 ILCS 5/10-20.14b) (from Ch. 122, par. 10-20.14b)
Sec. 10-20.14b.
Medications policy.
To develop a policy for administration
of medications in
schools, to
furnish a copy of the policy to the parents or guardians of each pupil
within 15 days after the beginning of each
school year,
or within 15 days after starting classes for a pupil who transfers into the
district,
and
to require that each school informs its
pupils of the contents of its policy.
(Source: P.A. 90-789, eff. 8-14-98.)
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(105 ILCS 5/10-20.15) (from Ch. 122, par. 10-20.15)
Sec. 10-20.15.
Payment of teachers.
To pay no public money to any teacher unless the teacher at the time of
his employment held a certificate of qualification obtained under the
provisions of this Act, has kept and furnished schedules as required by
this Act, and has satisfactorily accounted for books, apparatus and other
property of the district that he may have taken in charge.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-20.15a) (from Ch. 122, par. 10-20.15a)
Sec. 10-20.15a.
Federal Social Security or Medicare withholdings.
To
the extent that federal law allows such coverage, school districts shall
make Social Security or Medicare withholdings, or both, for employees
subject to Articles 16 and 17 of the "Illinois Pension Code" only upon the
approval of a referendum under Section 21-105 of that Act applicable to such employees.
(Source: P.A. 84-1334.)
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(105 ILCS 5/10-20.16)
Sec. 10-20.16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-20.17) (from Ch. 122, par. 10-20.17)
Sec. 10-20.17.
Water supply.
To provide for the schools in their districts an adequate, clear,
palatable, and safe supply of water for drinking purposes and for general
school use in accordance with Sections 2 and 8.1 of the Department of
Public Health Act.
(Source: P.A. 87-984.)
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(105 ILCS 5/10-20.17a) (from Ch. 122, par. 10-20.17a)
Sec. 10-20.17a.
Hazardous materials training.
To enhance the safety
of pupils and staff by providing in-service training programs on the safe
handling and use of hazardous or toxic materials for personnel in the district
who work with such materials on a regular basis. Such programs shall be
approved by the State Board of Education in consultation with the Illinois
Department of Public Health.
(Source: P.A. 84-1294.)
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(105 ILCS 5/10-20.18) (from Ch. 122, par. 10-20.18)
Sec. 10-20.18.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-20.19) (from Ch. 122, par. 10-20.19)
Sec. 10-20.19. Payment of orders. Subject to the provisions of Article
1B in the case of a school district receiving emergency State financial
assistance, the school board shall pay all orders in accordance with Section
10-18 of this Act, except as herein provided:
(1) It shall be lawful for the school board to submit | ||
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(2) It shall be lawful for the school board by | ||
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No bank or savings and loan association shall receive | ||
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(3) The school board shall establish rules and | ||
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(4) It shall be lawful for the clerk or secretary of | ||
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(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
Sec. 10-20.19a.
(Repealed).
(Source: P.A. 84-18. Repealed by P.A. 103-410, eff. 8-2-23.)
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(105 ILCS 5/10-20.19b) (from Ch. 122, par. 10-20.19b)
Sec. 10-20.19b.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(105 ILCS 5/10-20.19c) (from Ch. 122, par. 10-20.19c)
Sec. 10-20.19c. Recycled paper and paper products and solid waste management.
(a) Definitions. As used in this Section, the following terms shall
have the meanings indicated, unless the context otherwise requires:
"Deinked stock" means paper that has been processed to remove inks,
clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset printing
paper, duplicator paper, writing paper (stationery), tablet paper, office
paper, note pads, xerographic paper, envelopes, form bond including
computer paper and carbonless forms, book papers, bond papers, ledger paper,
book stock and cotton fiber papers.
"Paper and paper products" means high grade printing and writing papers,
tissue products, newsprint, unbleached packaging and recycled paperboard.
"Postconsumer material" means only those products generated by a business
or consumer which have served their intended end uses, and which have been
separated or diverted from solid waste; wastes generated during the
production of an end product are excluded.
"Recovered paper material" means paper waste generated after the
completion of the papermaking process, such as postconsumer materials,
envelope cuttings, bindery trimmings, printing waste, cutting and
other converting waste, butt rolls, and mill wrappers, obsolete inventories,
and rejected unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing process such as
fibers recovered from waste water or trimmings of paper machine rolls (mill
broke), or fibrous byproducts of harvesting, extraction or woodcutting
processes, or forest residues such as bark.
"Recycled paperboard" includes paperboard products, folding cartons and
pad backings.
"Tissue products" includes toilet tissue, paper towels, paper napkins,
facial tissue, paper doilies, industrial wipers, paper bags and brown
papers. These products shall also be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber storage boxes.
(a-5) Each school district shall periodically review its procurement procedures and specifications related to the purchase of products and supplies. Those procedures and specifications must be modified as necessary to require the school district to seek out products and supplies that contain recycled materials and to ensure that purchased products and supplies are reusable, durable, or made from recycled materials, if economically and practically feasible. In selecting products and supplies that contain recycled material, preference must be given to products and supplies that contain the highest amount of recycled material and that are consistent with the effective use of the product or supply, if economically and practically feasible. (b) Wherever economically and practically feasible, as determined by the
school board, the school board, all public schools and
attendance centers within a school district, and their school supply stores
shall procure recycled paper and paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total | ||
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(2) Beginning July 1, 2011, at least 25% of the total | ||
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(3) Beginning July 1, 2014, at least 50% of the total | ||
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(4) Beginning July 1, 2020, at least 75% of the total | ||
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(5) Beginning upon the effective date of this | ||
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(c) Paper and paper products purchased from private sector vendors
pursuant to printing contracts are not considered paper and paper products
for the purposes of subsection (b), unless purchased under contract for
the printing of student newspapers.
(d)(1) Wherever economically and practically feasible, the recycled
paper and paper products referred to in subsection (b) shall contain
postconsumer or recovered paper materials as specified by paper category in
this subsection:
(i) Recycled high grade printing and writing paper | ||
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(ii) Recycled tissue products, until July 1, 1994, | ||
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(iii) Recycled newsprint, until July 1, 1994, shall | ||
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(iv) Recycled unbleached packaging, until July 1, | ||
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(v) Recycled paperboard, until July 1, 1994, shall | ||
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(2) For the purposes of this Section, "postconsumer | ||
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(i) paper, paperboard, and fibrous waste from | ||
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(ii) all paper, paperboard, and fibrous wastes | ||
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(3) For the purposes of this Section, "recovered | ||
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(i) postconsumer material;
(ii) dry paper and paperboard waste generated | ||
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(iii) finished paper and paperboard from obsolete | ||
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by any school board or
any public school or attendance center within a school district, or which
are sold in any school supply store operated by or within any such school
or attendance center, other than newspapers written, edited or produced
by students enrolled in the school district, public school or attendance
center.
(e-5) Each school district shall periodically review its procedures on solid waste reduction regarding the management of solid waste generated by academic, administrative, and other institutional functions. Those waste reduction procedures must be designed to, when economically and practically feasible, recycle the school district's waste stream, including without limitation landscape waste, computer paper, and white office paper. School districts are encouraged to have procedures that provide for the investigation of potential markets for other recyclable materials that are present in the school district's waste stream. The waste reduction procedures must be designed to achieve, before July 1, 2020, at least a 50% reduction in the amount of solid waste that is generated by the school district. (f) The State Board of Education, in coordination with the Department of
Central Management Services, may adopt such
rules and regulations as it deems necessary
to assist districts in carrying out the provisions of this Section.
(Source: P.A. 102-444, eff. 8-20-21.)
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(105 ILCS 5/10-20.20) (from Ch. 122, par. 10-20.20)
Sec. 10-20.20. Protection from suit.
To indemnify and protect school districts, members of school boards, employees,
volunteer personnel authorized in Sections 10-22.34, 10-22.34a and
10-22.34b of this Code, mentors of certified staff as authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of this Code,
and student teachers against civil rights damage claims and
suits, constitutional rights damage claims and suits and death and bodily
injury and property damage claims and suits, including defense thereof,
when damages are sought for negligent or wrongful acts alleged to have been
committed in the scope of employment or under the direction of the board or related to any mentoring services provided to certified staff of the school district.
Such indemnification and protection shall extend to persons who were
members of school boards, employees of school boards,
authorized volunteer personnel, mentors of certified staff, or student teachers at
the time of the incident from which a claim arises.
No agent may be afforded
indemnification or protection unless he was a member of a school board, an
employee of a board,
an authorized volunteer, a mentor of certified staff,
or a student teacher at the time of the incident from
which the claim arises.
(Source: P.A. 96-62, eff. 7-23-09.)
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(105 ILCS 5/10-20.21)
Sec. 10-20.21. Contracts.
(a)
To award all contracts for
purchase of supplies and materials or work involving an expenditure in excess of $35,000 or a lower amount as required by board policy
to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability, after due
advertisement, except the following: (i) contracts for the services of individuals | ||
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(ii) contracts for the printing of finance committee | ||
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(iii) contracts for the printing or engraving of | ||
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(iv) contracts for the purchase of perishable foods | ||
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(v) contracts for materials and work which have been | ||
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(vi) contracts for the maintenance or servicing of, | ||
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(vii) purchases and contracts for the use, purchase, | ||
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(viii) contracts for duplicating machines and | ||
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(ix) contracts for the purchase of fuel, including | ||
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(x) purchases of equipment previously owned by some | ||
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(xi) contracts for repair, maintenance, remodeling, | ||
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(xii) contracts for goods or services procured from | ||
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(xiii) contracts for goods or services which are | ||
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(xiv) where funds are expended in an emergency and | ||
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(xv) State master contracts authorized under Article | ||
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(xvi) contracts providing for the transportation of | ||
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(xvii) contracts for goods, services, or management | ||
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(1) contracts that procure food that promotes | ||
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(2) contracts that give a preference to State or | ||
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(3) contracts that give a preference to food | ||
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(4) contracts that give a preference to food | ||
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(5) contracts that increase opportunities for | ||
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Food supplier data shall be submitted to the school | ||
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However, at no time shall a cause of action lie against a school board for awarding a pupil transportation contract per the standards set forth in this subsection (a) unless the cause of action is based on fraudulent conduct. All competitive
bids for contracts involving an expenditure in excess of $35,000 or a lower amount as required by board policy must be
sealed by the bidder and must be opened by a member or employee of the
school board at a public bid opening at which the contents of the bids
must be announced. Each bidder must receive at least 3 days' notice of the
time and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one public notice
at least 10 days before the bid date in a newspaper published in the
district, or if no newspaper is published in the district, in a newspaper
of general circulation in the area of the district. State master contracts and certified education purchasing contracts, as defined in Article 28A of this Code, are not subject to the requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process for communicating, accepting, and opening competitive bids. An electronic bidding process must provide for, but is not limited to, the following safeguards: (1) On the date and time certain of a bid opening, | ||
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(2) The specified electronic database must be on a | ||
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It is the legislative intent of Public Act 96-841 to maintain the integrity of the sealed bidding process provided for in this Section, to further limit any possibility of bid-rigging, to reduce administrative costs to school districts, and to effect efficiencies in communications with bidders. (b) To require, as a condition of any contract for goods and services,
that persons
bidding for and awarded a contract and all affiliates of the person collect and
remit
Illinois Use Tax on all sales of tangible personal property into the State of
Illinois in
accordance with the provisions of the Illinois Use Tax Act regardless of whether
the
person or affiliate is a "retailer maintaining a place of business within this
State" as
defined in Section 2 of the Use Tax Act. For purposes of this Section, the term
"affiliate"
means any entity that (1) directly, indirectly, or constructively controls
another entity, (2)
is directly, indirectly, or constructively controlled by another entity, or (3)
is subject to
the control of a common entity. For purposes of this subsection (b), an entity
controls
another entity if it owns, directly or individually, more than 10% of the
voting
securities
of that entity. As used in this subsection (b), the term "voting security"
means a security
that (1) confers upon the holder the right to vote for the election of members
of the board
of directors or similar governing body of the business or (2) is convertible
into, or entitles
the holder to receive upon its exercise, a security that confers such a right
to
vote. A
general partnership interest is a voting security.
To require that bids and contracts include a certification by the bidder
or
contractor that the bidder or contractor is not barred from bidding for or
entering into a
contract under this Section and that the bidder or contractor acknowledges that
the school
board may declare the contract void if the certification completed pursuant to
this
subsection (b) is false.
(b-5) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements. In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed.
(b-10) To prohibit any contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the school from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens. (c) If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract. (d) In purchasing supplies, materials, equipment, or services that are not subject to subsection (c) of this Section, before a school district solicits bids or awards a contract, the district may review and consider as a bid under subsection (a) of this Section certified education purchasing contracts that are already available through the State education purchasing entity.(Source: P.A. 102-1101, eff. 6-29-22; 103-8, eff. 1-1-24.)
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(105 ILCS 5/10-20.21a)
Sec. 10-20.21a. Contracts for charter bus services. To award
contracts for providing charter bus services for the sole purpose of
transporting students regularly enrolled in grade 12 or below to or
from interscholastic athletic or interscholastic or school sponsored
activities.
All contracts for providing charter bus services for the sole
purpose of transporting students regularly enrolled in grade 12 or
below to or from interscholastic athletic or interscholastic or school
sponsored activities must contain clause (A) as
set forth below, except that a contract with an out-of-state company may
contain
clause (B), as set forth below, or clause (A). The clause must be set
forth in the body of the
contract in typeface of at least 12 points and all upper case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS | ||
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL | ||
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(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS | ||
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(105 ILCS 5/10-20.22)
Sec. 10-20.22. (Repealed).
(Source: P.A. 77-530. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/10-20.23)
Sec. 10-20.23. (Repealed).
(Source: P.A. 77-533. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/10-20.24) (from Ch. 122, par. 10-20.24)
Sec. 10-20.24.
Part-time Attendance.
To accept in part-time attendance
in the regular education program of the district pupils enrolled in nonpublic
schools if there is sufficient space in the public school desired to be
attended. Request for attendance in the following school year must be
submitted by the nonpublic school principal to the public school before
May 1. Request may be made only to those public schools located in the
district where the child attending the nonpublic school resides.
To accept, pursuant to the provisions of Section 14-6.01, in part-time
attendance resident pupils of the types described in Sections 14-1.02 through
14-1.07 who are enrolled in nonpublic schools.
(Source: P.A. 80-1509.)
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(105 ILCS 5/10-20.25)
Sec. 10-20.25. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-20.25a) (from Ch. 122, par. 10-20.25a)
Sec. 10-20.25a.
Report of student statistics.
To report to the State
Board of Education the annual student dropout rate and number of students
who graduate from, transfer from or otherwise leave bilingual programs.
(Source: P.A. 84-662.)
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(105 ILCS 5/10-20.26) (from Ch. 122, par. 10-20.26)
Sec. 10-20.26. Report of teacher dismissals. To send an annual report,
on or before October 15, to the State Board of Education which discloses
the number of probationary teachers and the number of teachers in contractual
continued service who have been dismissed or removed as a result of the
board's decision to decrease the number of teachers employed or to discontinue
any type of teaching service. The report will also list the number in each
teacher category which were subsequently reemployed by the board.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/10-20.27) (from Ch. 122, par. 10-20.27)
Sec. 10-20.27.
To file with the regional superintendent a list of all
unfilled teaching positions in the district by August 1 of each year, and
to report to the regional superintendent no less frequently than by the
first day of every month other than August, all teaching positions which, subsequent
to the filing of such list, become
vacant or are filled.
(Source: P.A. 83-503.)
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(105 ILCS 5/10-20.28) (from Ch. 122, par. 10-20.28)
Sec. 10-20.28.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of
all persons to the limits of their capacities is a fundamental goal of the
people of this State and that to achieve such goal it is essential to provide a
safe and secure learning environment within the public schools. While
recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The school board may establish appropriate rules and
disciplinary procedures governing the use or possession of cellular radio
telecommunication devices by a student while in a school or on school property,
during regular school hours, or at any other time.
(Source: P.A. 92-793, eff. 8-9-02.)
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(105 ILCS 5/10-20.29)
Sec. 10-20.29. (Repealed).
(Source: P.A. 88-71. Repealed by P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/10-20.30)
Sec. 10-20.30.
No pass-no play policy.
Beginning with the 1998-99 school
year, the school board of each school
district that maintains any of grades 9 through 12 shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
those grades who fails to maintain a specified minimum grade point average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school-sponsored or
school-supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. Each school board shall adopt a policy as required by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the school board shall file a report with the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the school board already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90-548, eff. 1-1-98.)
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(105 ILCS 5/10-20.31)
Sec. 10-20.31.
Occupational standards.
A school board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91-175, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(105 ILCS 5/10-20.32)
Sec. 10-20.32. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/10-20.33)
Sec. 10-20.33. Time out, isolated time out, restraint, and necessities; limitations and prohibitions. (a) The General Assembly finds and declares that the use of isolated time
out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate
goal is to reduce and eventually eliminate the use of those interventions. The General Assembly also finds and declares that the State Board of Education
must take affirmative action to lead and support schools in
transforming the school culture to reduce and eliminate the use of all
such interventions over time. (b) In this Section: "Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms. "Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure. "Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway or similar environment. "Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students. "Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property. "Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position. "Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. (c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression. Mechanical restraint and chemical restraint are prohibited. Prone restraint is prohibited except when all of the following conditions are satisfied: (1) The student's Behavior Intervention Plan | ||
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(2) The Behavior Intervention Plan was put into place | ||
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(3) The student's Behavior Intervention Plan has been | ||
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(4) The school staff member or staff members applying | ||
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(5) The school must be able to document and | ||
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(6) The use of prone restraint occurs within the | ||
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All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint. (d) The use
of any of the following rooms or enclosures for an isolated time out or time out purposes is
prohibited:
(1) a locked room or a room in which the door is | ||
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(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually | ||
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(4) any other room or enclosure or time out procedure | ||
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(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited: (1) food or liquid at a time when it is customarily | ||
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(2) medication; or (3) the use of a restroom. (f) (Blank). (g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference. The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred. A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record. (h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report to the State Board
of Education the incident, including the events
leading up to the incident, what alternative measures that are less
restrictive and intrusive were used prior to the use of isolated time out, time out, or
physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the
student was in isolated time out or time out or was restrained, and the staff involved. The parents or guardian of
a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the following
information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each
incident in which isolated time out, time out, or physical restraint is used during
the school year, in printed form or, upon the written request of
the parent or guardian, by email: (1) a copy of the standards for when isolated time | ||
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(2) information about the rights of parents, | ||
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(3) information about the parent's or guardian's | ||
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(i) Any use of isolated time out, time out, or physical restraint that is permitted by a school board's policy shall be implemented in accordance with written procedures.(Source: P.A. 102-339, eff. 8-13-21.)
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(105 ILCS 5/10-20.34)
Sec. 10-20.34.
Medicaid-eligible children; health care resources.
As authorized by federal law, a school district may access federally funded
health
care resources if the school district
provides early periodic screening and diagnostic testing services,
including screening and diagnostic services, health care and treatment,
preventive health care, or any other measure, to correct or improve
health impairments of Medicaid-eligible children.
(Source: P.A. 91-842, eff. 6-22-00.)
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(105 ILCS 5/10-20.35)
Sec. 10-20.35. Medical information form for bus drivers and
emergency medical technicians. School districts are encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/10-20.36) (Text of Section before amendment by P.A. 103-542) Sec. 10-20.36. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) Each school board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. The policy must require that, at least once every 2 years, the in-service training of certified school personnel and administrators include training on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a professional worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian.(Source: P.A. 95-331, eff. 8-21-07.) (Text of Section after amendment by P.A. 103-542) Sec. 10-20.36. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) Each school board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a qualified worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian.(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/10-20.37)
Sec. 10-20.37. Summer kindergarten. A school board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education, may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer kindergarten program shall be the responsibility of the school
district. The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise made
available to the school district for that purpose by federal or State
appropriation.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/10-20.38)
Sec. 10-20.38. Provision of student information
prohibited. A school district, including its agents, employees, student or alumni associations, or any affiliates, may not provide a student's name, address,
telephone number, social security number, e-mail address, or other personal
identifying information to a business organization or financial institution
that issues credit or debit cards.
(Source: P.A. 95-331, eff. 8-21-07; 96-261, eff. 1-1-10.)
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(105 ILCS 5/10-20.39)
Sec. 10-20.39. (Repealed).
(Source: P.A. 93-997, eff. 8-23-04. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/10-20.40) Sec. 10-20.40. Student biometric information. (a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans. (b) School districts that collect biometric information from students shall adopt policies that require, at a minimum, all of the following: (1) Written permission from the individual who has | ||
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(2) The discontinuation of use of a student's | ||
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(A) upon the student's graduation or withdrawal | ||
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(B) upon receipt in writing of a request for | ||
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(3) The destruction of all of a student's biometric | ||
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(4) The use of biometric information solely for | ||
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(5) A prohibition on the sale, lease, or other | ||
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(A) the individual who has legal custody of the | ||
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(B) the disclosure is required by court order. (6) The storage, transmittal, and protection of all | ||
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(c) Failure to provide written consent under item (1) of subsection (b) of this Section by the individual who has legal custody of the student or by the student, if he or she has reached the age of 18, must not be the basis for refusal of any services otherwise available to the student.
(d) Student biometric information may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the use of the biometric information is discontinued in accordance with item (2) of subsection (b) of this Section. (Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.) |
(105 ILCS 5/10-20.41) Sec. 10-20.41. Use of facilities by community organizations. School boards are encouraged to allow community organizations to use school facilities during non-school hours. If a school board allows a community organization to use school facilities during non-school hours, the board must adopt a formal policy governing the use of school facilities by community organizations during non-school hours. The policy shall prohibit such use if it interferes with any school functions or the safety of students or school personnel or affects the property or liability of the school district.
(Source: P.A. 95-308, eff. 8-20-07; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.) |
(105 ILCS 5/10-20.42) Sec. 10-20.42. Wind and solar farms. A school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08; 96-725, eff. 8-25-09.) |
(105 ILCS 5/10-20.43)
Sec. 10-20.43. School facility and resources occupation tax fund. All proceeds received by a school district from a distribution under Section 3-14.31 must be maintained in a special fund known as the school facility and resources occupation tax fund. The district may use moneys in that fund only for school facility purposes, as that term is defined under Section 5-1006.7 of the Counties Code.
(Source: P.A. 101-455, eff. 8-23-19.) |
(105 ILCS 5/10-20.44) Sec. 10-20.44. Report on contracts. (a) This Section applies to all school districts, including a school district organized under Article 34 of this Code. (b) A school board must
list on the district's Internet website, if any, all contracts
over $25,000 and any contract that the school board enters into
with an exclusive bargaining representative. (c) Each year, in conjunction with the submission of the Statement of Affairs to the State Board of Education prior to December 1, provided for in Section 10-17, each school district shall submit to the State Board of Education an annual report on all contracts over $25,000 awarded by the school district during the previous fiscal year. The report shall include at least the following: (1) the total number of all contracts awarded by the | ||
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(2) the total value of all contracts awarded; (3) the number of contracts awarded to minority-owned | ||
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(4) the total value of contracts awarded to | ||
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The report shall be made available to the public, including publication on the school district's Internet website, if any.
(Source: P.A. 100-391, eff. 8-25-17.) |
(105 ILCS 5/10-20.45)
Sec. 10-20.45. Pay for performance.
(a) Beginning with all newly-negotiated collective bargaining agreements entered into after the effective date of this amendatory Act of the 95th General Assembly, a school board and the exclusive bargaining representative, if any, may include a performance-based teacher compensation plan in the subject of its collective bargaining agreement. Nothing in this Section shall preclude the school board and the exclusive bargaining representative from agreeing to and implementing a new performance-based teacher compensation plan prior to the termination of the current collective bargaining agreement. (b) The new teacher compensation plan bargained and agreed to by the school board and the exclusive bargaining representative under subsection (a) of this Section shall provide certificated personnel with base salaries and shall also provide that any increases in the compensation of individual teachers or groups of teachers beyond base salaries shall be pursuant, but not limited to, any of the following elements: (1) Superior teacher evaluations based on multiple | ||
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(2) Evaluation of a teacher's student classroom-level | ||
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(3) Evaluation of school-level achievement growth as | ||
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(4) Demonstration of superior, outstanding | ||
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(5) Preparation for meeting and contribution to the | ||
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(c) A school board and exclusive bargaining representative that initiate their own performance-based teacher compensation program shall submit the new plan to the State Board of Education for review not later than 150 days before the plan is to become effective. If the plan does not conform to this Section, the State Board of Education shall return the plan to the school board and the exclusive bargaining representative for modification. The school board and the exclusive bargaining representative shall then have 30 days after the plan is returned to them to submit a modified plan.
(Source: P.A. 95-707, eff. 1-11-08; 96-328, eff. 8-11-09.) |
(105 ILCS 5/10-20.46)
Sec. 10-20.46. Veterans' Day; moment of silence. If a school holds any type of event at the school on November 11, Veterans' Day, the school board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.) |
(105 ILCS 5/10-20.47) Sec. 10-20.47. Administrator and teacher salary and benefits; report. Each school board shall report to the State Board of Education, on or before October 1 of each year, the base salary and benefits of the district superintendent and all administrators and teachers employed by the school district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.
Prior to this annual reporting to the State Board of Education, the information must be presented at a regular school board meeting, subject to applicable notice requirements, and then posted on the Internet website of the school district, if any. (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-256, eff. 1-1-12.) |
(105 ILCS 5/10-20.48) Sec. 10-20.48. Radon testing. (a) It is recommended that every occupied school building of a school district be tested every 5 years for radon pursuant to rules established by the Illinois Emergency Management Agency (IEMA). (b) It is recommended that new schools of a school district be built using radon resistant new construction techniques, as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings. (c) Each school district may maintain, make available for review, and notify parents and faculty of test results under this Section. The district shall report radon test results to the State Board of Education, which shall prepare a report every 2 years of the results from all schools that have performed tests, to be submitted to the General Assembly and the Governor. (d) If IEMA exempts an individual from being required to be a licensed radon professional, the individual does not need to be a licensed radon professional in order to perform screening tests under this Section. A school district may elect to have one or more employees from the district attend an IEMA-approved, Internet-based training course on school testing in order to receive an exemption to conduct testing in that school district. These school district employees must perform the measurements in accordance with procedures approved by IEMA. If an exemption from IEMA is not received, the school district must use a licensed radon professional to conduct measurements. (e) If the results of a radon screening test under this Section are found to be 4.0 pCi/L or above, the school district may hire a licensed radon professional to perform measurements before any mitigation decisions are made. If radon levels of 4.0 pCi/L or above are found, it is recommended that affected areas be mitigated by a licensed radon mitigation professional with respect to both design and installation. IEMA may provide the school district with a list of licensed radon mitigation professionals. (f) A screening test under this Section may be done with a test kit found in a hardware store, department store, or home improvement store or with a kit ordered through the mail or over the Internet. However, the kit must be provided by a laboratory licensed in accordance with the Radon Industry Licensing Act.
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/10-20.49) Sec. 10-20.49. Compliance with Chemical Safety Acts. Each school district must adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act. The school district must designate a staff person who is responsible for compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/10-20.50)
Sec. 10-20.50. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/10-20.51) Sec. 10-20.51. Press boxes; accessibility. A school board does not have to comply with the Illinois Accessibility Code (71 Ill. Adm. Code 400) with respect to accessibility to press boxes that are on school property if the press boxes are in bleachers that have points of entry at only one level, and the aggregate area of the press box is no more than 500 square feet.
(Source: P.A. 96-674, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-355, eff. 1-1-12.) |
(105 ILCS 5/10-20.52) Sec. 10-20.52. American Sign Language courses. School boards are encouraged to implement American Sign Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.) |
(105 ILCS 5/10-20.53) Sec. 10-20.53. Minimum reading instruction. Each school board shall promote 60 minutes of minimum reading opportunities daily for students in kindergarten through 3rd grade whose reading level is one grade level or lower than their current grade level according to current learning standards and the school district.
(Source: P.A. 97-88, eff. 7-8-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/10-20.54)
Sec. 10-20.54. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-245, eff. 8-3-15.)
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(105 ILCS 5/10-20.55) Sec. 10-20.55. Bring Your Parents to School Day. A school board may designate the first Monday in October of each year "Bring Your Parents to School Day" to promote parental involvement and student success. On this day, the school board may permit the parents or guardians of students to attend class with their children and meet with teachers and administrators during the school day.
(Source: P.A. 98-304, eff. 1-1-14.) |
(105 ILCS 5/10-20.56) Sec. 10-20.56. E-learning days. (a) The State Board of Education shall establish and maintain, for implementation in school districts, a program for use of electronic-learning (e-learning) days, as described in this
Section. School districts may utilize a program approved under this Section for use during remote learning days and blended remote learning days under Section 10-30 or 34-18.66. (b) The school board of a school district may, by resolution, adopt a research-based program or
research-based programs for e-learning days district-wide that shall permit student instruction to be received electronically while students are not physically present in lieu of the district's scheduled emergency days as required by Section 10-19 of this Code or because a school was selected to be a polling place under Section 11-4.1 of the Election Code. The research-based program or programs may not exceed the minimum number of emergency days in the approved school calendar and must be verified by the regional office of education or intermediate service center for the school district on or before September 1st annually to ensure access for all students. The regional office of education or intermediate service center shall ensure that the specific needs of all students are met, including special education students and English learners, and that all mandates are still met using the proposed research-based program. The e-learning program may utilize the Internet, telephones, texts, chat rooms, or other similar means of electronic communication for instruction and interaction between teachers and students that meet the needs of all
learners. The e-learning program shall address the school district's responsibility to ensure that all teachers and staff who may be involved in the provision of e-learning have access to any and all hardware and software that may be required for the program. If a proposed program does not address this responsibility, the school district must propose an alternate program. (c) Before its adoption by a school board, the school board must hold a public hearing on a school district's initial proposal for an e-learning program or for renewal of such a program, at a regular or special meeting of the school board, in which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided. Notice of such public hearing must be provided at least 10 days prior to the hearing by: (1) publication in a newspaper of general circulation | ||
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(2) written or electronic notice designed to reach | ||
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(3) written or electronic notice designed to reach | ||
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(d) The regional office of education or intermediate service center for the school district must timely verify that a proposal for an e-learning program has met the requirements specified in this Section and that the proposal contains provisions designed to reasonably and practicably accomplish the following: (1) to ensure and verify at least 5 clock hours of | ||
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(2) to ensure access from home or other appropriate | ||
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(2.5) to ensure that non-electronic materials are | ||
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(3) to ensure appropriate learning opportunities for | ||
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(4) to monitor and verify each student's electronic | ||
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(5) to address the extent to which student | ||
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(6) to provide effective notice to students and their | ||
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(7) to provide staff and students with adequate | ||
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(8) to ensure an opportunity for any collective | ||
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(9) to review and revise the program as implemented | ||
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(10) to ensure that the protocol regarding general | ||
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The school board's approval of a school district's initial e-learning program and renewal of the e-learning program shall be for a term of 3 years. (d-5) A school district shall pay to its contractors who provide educational support services to the district, including, but not limited to, custodial, transportation, or food service providers, their daily, regular rate of pay or billings rendered for any e-learning day that is used because a school was selected to be a polling place under Section 11-4.1 of the Election Code, except that this requirement does not apply to contractors who are paid under contracts that are entered into, amended, or renewed on or after March 15, 2022 or to contracts that otherwise address compensation for such e-learning days. (d-10) A school district shall pay to its employees who provide educational support services to the district, including, but not limited to, custodial employees, building maintenance employees, transportation employees, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if the closure precludes them from performing their regularly scheduled duties and the employee would have reported for work but for the closure, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (d-15) A school district shall make full payment that would have otherwise been paid to its contractors who provide educational support services to the district, including, but not limited to, custodial, building maintenance, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if any closure precludes them from performing their regularly scheduled duties and employees would have reported for work but for the closure. The employees who provide the support services covered by such contracts shall be paid their daily bid package rates and benefits as defined by their local operating agreements or collective bargaining agreements, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (d-20) A school district shall make full payment or reimbursement to an employee or contractor as specified in subsection (d-10) or (d-15) of this Section for any school closure or e-learning day in the 2021-2022 school year that occurred prior to the effective date of this amendatory Act of the 102nd General Assembly if the employee or contractor did not receive pay or was required to use earned paid time off, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (e) The State Board of Education may adopt rules consistent with the provision of this Section.
(f) For purposes of subsections (d-10), (d-15), and (d-20) of this Section: "Employee" means anyone employed by a school district on or after the effective date of this amendatory Act of the 102nd General Assembly. "School district" includes charter schools established under Article 27A of this Code, but does not include the Department of Juvenile Justice School District. (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20; 102-584, eff. 6-1-22; 102-697, eff. 4-5-22.) |
(105 ILCS 5/10-20.57) Sec. 10-20.57. Carbon monoxide alarm required. (a) In this Section: "Approved carbon monoxide alarm" and "alarm" have the meaning ascribed to those terms in the Carbon Monoxide Alarm Detector Act. "Carbon monoxide detector" and "detector" mean a device having a sensor that responds to carbon monoxide gas and that is connected to an alarm control unit and approved in accordance with rules adopted by the State Fire Marshal. (b) A school board shall require that each school under its authority be equipped with approved carbon monoxide alarms or carbon monoxide detectors. The alarms must be powered as follows: (1) For a school designed before January 1, 2016 (the | ||
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(2) For a school designed on or after January 1, 2016 | ||
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Alarms or detectors must be located within 20 feet of a carbon monoxide emitting device. Alarms or detectors must be in operating condition and be inspected annually. A school is exempt from the requirements of this Section if it does not have or is not close to any sources of carbon monoxide. A school must require plans, protocols, and procedures in response to the activation of a carbon monoxide alarm or carbon monoxide detection system.
(Source: P.A. 99-470, eff. 1-1-16; 99-642, eff. 7-28-16.) |
(105 ILCS 5/10-20.58) Sec. 10-20.58. Accelerate College pilot program. School districts may enter into Accelerate College educational partnership agreements as authorized under Section 3-42.4 of the Public Community College Act.
(Source: P.A. 99-611, eff. 7-22-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/10-20.59) Sec. 10-20.59. DCFS liaison. (a) Each school board must appoint at least one employee to act as a liaison to facilitate the enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services when enrolling in or changing schools. The school board may appoint any employee of the school district who is licensed under Article 21B of this Code to act as a liaison; however, employees who meet any of the following criteria must be prioritized for appointment: (1) Employees who have worked with mobile student | ||
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(2) Employees who are familiar with enrollment, | ||
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(3) Employees who serve as a high-level administrator. (4) Employees who are counselors or have experience | ||
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(5) Employees who are knowledgeable on child welfare | ||
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(6) Employees who serve as a school social worker. (b) Liaisons under this Section are encouraged to build capacity and infrastructure within their school district to support students in the legal custody of the Department of Children and Family Services. Liaison responsibilities may include the following: (1) streamlining the enrollment processes for | ||
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(2) implementing student data tracking and monitoring | ||
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(3) ensuring that students in the legal custody of | ||
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(4) coordinating student withdrawal from a school, | ||
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(5) becoming experts on the foster care system and | ||
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(6) coordinating with child welfare partners; (7) providing foster care-related information and | ||
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(8) working with the Department of Children and | ||
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(9) reviewing student schedules to ensure that | ||
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(10) encouraging a successful transition into | ||
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(11) encouraging involvement in extracurricular | ||
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(12) knowing what support is available within the | ||
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(c) A school district is required to designate a liaison by the beginning of the 2022-2023 school year. (d) Individuals licensed under Article 21B of this Code acting as a liaison under this Section shall perform the duties of a liaison in addition to existing contractual obligations.
(Source: P.A. 102-199, eff. 7-1-22.) |
(105 ILCS 5/10-20.60) Sec. 10-20.60. Breastfeeding accommodations for pupils. (a) Each public school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations under this Section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a | ||
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(2) Permission to bring onto a school campus a breast | ||
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(3) Access to a power source for a breast pump or any | ||
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(4) Access to a place to store expressed breast milk | ||
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(b) A lactating pupil on a school campus must be provided a reasonable amount of time to accommodate her need to express breast milk or breastfeed an infant child. (c) A public school shall provide the reasonable accommodations specified in subsections (a) and (b) of this Section only if there is at least one lactating pupil on the school campus. (d) A public school may use an existing facility to meet the requirements specified in subsection (a) of this Section. (e) A pupil may not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this Section and must be provided the opportunity to make up any work missed due to such use. (f) In instances where a student files a complaint of noncompliance with the requirements of this Section, the public school shall implement the grievance procedure of 23 Ill. Adm. Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/10-20.61) (Text of Section before amendment by P.A. 103-542) Sec. 10-20.61. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | ||
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(2) understanding implicit racial bias is needed in | ||
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(3) marginalized students would benefit from having | ||
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(4) training that helps educators overcome implicit | ||
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(b) Each school board shall require in-service training for school personnel to include training to develop cultural competency, including understanding and reducing implicit racial bias. (c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive. (Source: P.A. 100-14, eff. 7-1-17; 100-863, eff. 8-14-18.) (Text of Section after amendment by P.A. 103-542) Sec. 10-20.61. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | ||
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(2) understanding implicit racial bias is needed in | ||
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(3) marginalized students would benefit from having | ||
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(4) training that helps educators overcome implicit | ||
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(b) Teachers, administrators, and school support personnel shall complete training to develop cultural competency, including understanding and reducing implicit racial bias, as outlined in Sections 10-22.39 and 3-11. (c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive. (Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/10-20.62) Sec. 10-20.62. Dual enrollment and dual credit notification. (a) In this Section, "dual credit course" has the meaning ascribed to that term in the Dual Credit Quality Act. (b) A qualified student shall be allowed to enroll in an unlimited amount of dual credit courses and earn an unlimited amount of academic credits from dual credit courses if the courses are taught by an Illinois instructor, as provided under the Dual Credit Quality Act. (c) A school board shall require the school district's high schools, if any, to inform all 11th and 12th grade students of dual enrollment and dual credit opportunities at public community colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; 100-792, eff. 1-1-19; 100-863, eff. 8-14-18.) |
(105 ILCS 5/10-20.63) Sec. 10-20.63. Availability of menstrual hygiene products. (a) The General Assembly finds the following: (1) Menstrual hygiene products are a health care | ||
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(2) Access to menstrual hygiene products is a serious | ||
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(3) When students do not have access to affordable | ||
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(4) When students have access to quality menstrual | ||
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(b) In this Section: "Menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. "School building" means any facility (i) that is owned or leased by a school district or over which the school board has care, custody, and control and (ii) in which there is a public school serving students in grades 6 through 12. (c) A school district shall make menstrual hygiene products available, at no cost to students, in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day.
(Source: P.A. 102-340, eff. 8-13-21.) |
(105 ILCS 5/10-20.64) Sec. 10-20.64. Booking stations on school grounds. (a) There shall be no student booking station established or maintained on the grounds of any school. (b) This prohibition shall be applied to student booking stations only, as defined in this Section. The prohibition does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station as defined in paragraph (2) of subsection (d) of this Section. The prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law. (c) When the underlying suspected or alleged criminal act is an act of violence, and isolation of a student or students is deemed necessary to the interest of public safety, and no other location is adequate for secure isolation of the student or students, offices as described in paragraph (1) of subsection (d) of this Section may be employed to detain students for a period no longer than that required to alleviate that threat to public safety. (d) As used in this Section, "student booking station" means a building, office, room, or any indefinitely established space or site, mobile or fixed, which operates concurrently as: (1) predominantly or regularly a place of operation | ||
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(2) a site at which students are detained in | ||
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(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.) |
(105 ILCS 5/10-20.65) Sec. 10-20.65. School social worker. A school board may employ school social workers who have graduated with a master's or higher degree in social work from an accredited graduate school of social work and have such additional qualifications as may be required by the State Board of Education and who hold a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons so licensed and endorsed may use the title "school social worker". A school social worker may provide individual and group services to the general student population and to students with disabilities pursuant to Article 14 of this Code and rules set forth in 23 Ill. Adm. Code 226, Special Education, adopted by the State Board of Education and may provide support and consultation to administrators, teachers, and other school personnel consistent with their professional qualifications and the provisions of this Code and other applicable laws. School districts may employ a sufficient number of school social workers to address the needs of their students and schools and may maintain the nationally recommended student-to-school social worker ratio of 250 to 1. A school social worker may not provide such services outside his or her employment to any student in the district or districts that employ the school social worker.
(Source: P.A. 100-356, eff. 8-25-17; 100-863, eff. 8-14-18.) |
(105 ILCS 5/10-20.66) Sec. 10-20.66. School-grown produce. A school district may serve students produce grown and harvested by students in school-owned facilities utilizing hydroponics or aeroponics or in school-owned or community gardens if the soil and compost in which the produce is grown meets the standards adopted in 35 Ill. Adm. Code 830.503, if applicable, and the produce is served in accordance with the standards adopted in 77 Ill. Adm. Code 750.
(Source: P.A. 100-505, eff. 6-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/10-20.67) Sec. 10-20.67. Short-term substitute teacher training. (a) Each school board shall, in collaboration with its teachers or, if applicable, the exclusive bargaining representative of its teachers, jointly develop a short-term substitute teacher training program that provides individuals who hold a Short-Term Substitute Teaching License under Section 21B-20 of this Code with information on curriculum, classroom management techniques, school safety, and district and building operations. The State Board of Education may develop a model short-term substitute teacher training program for use by a school board under this subsection (a) if the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers agree to use the State Board's model. A school board with a substitute teacher training program in place before July 1, 2018 (the effective date of Public Act 100-596) may utilize that program to satisfy the requirements of this subsection (a). (b) Nothing in this Section prohibits a school board from offering substitute training to substitute teachers licensed under paragraph (3) of Section 21B-20 of this Code or to substitute teachers holding a Professional Educator License. (c) (Blank)
(Source: P.A. 103-111, eff. 6-29-23.) |
(105 ILCS 5/10-20.68) Sec. 10-20.68. School resource officer. (a) In this Section, "school resource officer" means a law enforcement officer who has been primarily assigned to a school or school district under an agreement with a local law enforcement agency. (b) Beginning January 1, 2021, any law enforcement agency that provides a school resource officer under this Section shall provide to the school district a certificate of completion, or approved waiver, issued by the Illinois Law Enforcement Training Standards Board under Section 10.22 of the Illinois Police Training Act indicating that the subject officer has completed the requisite course of instruction in the applicable subject areas within one year of assignment, or has prior experience and training which satisfies this requirement. (c) In an effort to defray the related costs, any law enforcement agency that provides a school resource officer should apply for grant funding through the federal Community Oriented Policing Services grant program.
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(105 ILCS 5/10-20.69) Sec. 10-20.69. Policy on sexual harassment. Each school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/10-20.70)
Sec. 10-20.70. Class size reporting. No later than November 16, 2020, and annually thereafter, each school district must report to the State Board of Education information on the school district described under subsection (b) of Section 2-3.136a and must make that information available on its website.
(Source: P.A. 101-451, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(105 ILCS 5/10-20.71)
Sec. 10-20.71. Sexual abuse investigations at schools. Every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools to ensure consistency with Section 22-85.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/10-20.72)
Sec. 10-20.72. Door security locking means. (a) In this Section, "door security locking means" means a door locking means intended for use by a trained school district employee in a school building for the purpose of preventing ingress through a door of the building. (b) A school district may install a door security locking means on a door of a school building to prevent unwanted entry through the door if all of the following requirements are met: (1) The door security locking means can be engaged | ||
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(2) The unlocking and unlatching of the door security | ||
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(3) The door security locking means complies with all | ||
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(4) Locks, if remotely engaged, can be unlocked from | ||
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(5) The door security locking means is capable of | ||
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(6) The door security locking means does not modify | ||
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(7) Any bolts, stops, brackets, or pins employed by | ||
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(8) School district employees are trained in the | ||
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(9) For doors installed before July 1, 2019 only, the | ||
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(10) The door security locking means is no more than | ||
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(11) The door security locking means otherwise | ||
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A school district may install a door security locking means that does not comply with paragraph (3) or (10) of this subsection if (i) the school district meets all other requirements under this subsection and (ii) prior to its installation, local law enforcement officials, the local fire department, and the school board agree, in writing, to the installation and use of the door security locking means. The school district must keep the agreement on file and must, upon request, provide the agreement to its regional office of education. The agreement must be included in the school district's filed school safety plan under the School Safety Drill Act. (c) A school district must include the location of any door security locking means and must address the use of the locking and unlocking means from within and outside the room in its filed school safety plan under the School Safety Drill Act. Local law enforcement officials and the local fire department must be notified of the location of any door security locking means and how to disengage it. Any specific tool needed to disengage the door security locking means from the outside of the room must, upon request, be made available to local law enforcement officials and the local fire department. (d) A door security locking means may be used only (i) by a school district employee trained under subsection (e), (ii) during an emergency that threatens the health and safety of students and employees or during an active shooter drill, and (iii) when local law enforcement officials and the local fire department have been notified of its installation prior to its use. The door security locking means must be engaged for a finite period of time in accordance with the school district's school safety plan adopted under the School Safety Drill Act. (e) A school district that has installed a door security locking means shall conduct an in-service training program for school district employees on the proper use of the door security locking means. The school district shall keep a file verifying the employees who have completed the program and must, upon request, provide the file to its regional office of education and the local fire department and local law enforcement agency. (f) A door security locking means that requires 2 releasing operations must be discontinued from use when the door is replaced or is a part of new construction. Replacement and new construction door hardware must include mortise locks, compliant with the applicable building code, and must be lockable from the occupied side without opening the door. However, mortise locks are not required if panic hardware or fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/10-20.73) Sec. 10-20.73. Modification of athletic or team uniform permitted. (a) A school board must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform, the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the school board for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/10-20.74) Sec. 10-20.74. Educational technology capacity and policies; report. School districts shall submit to the State Board of Education, or its designee, an annual report that shall include, at a minimum, information regarding educational technology capacity and policies, including device availability for students, school-based access and infrastructure, professional learning and training opportunities, and documentation of developmentally appropriate computer literacy instruction embedded in the district's curriculum at each grade level.
(Source: P.A. 101-654, eff. 3-8-21.) |
(105 ILCS 5/10-20.75) Sec. 10-20.75. Website accessibility guidelines. (a) As used in this Section, "Internet website or web service" means any third party online curriculum that is made available to enrolled students or the public by a school district through the Internet. (b) To ensure that the content available on an Internet website or web service of a school district is readily accessible to persons with disabilities, the school district must require that the Internet website or web service comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.1 or any revised version of those guidelines.
(Source: P.A. 102-238, eff. 8-1-22; 102-813, eff. 5-13-22.) |
(105 ILCS 5/10-20.76)
Sec. 10-20.76. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-143, eff. 7-1-23.)
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(105 ILCS 5/10-20.77)
Sec. 10-20.77. Parent-teacher conference and other meetings; caseworker. For any student who is in the legal custody of the Department of Children and Family Services, the liaison appointed under Section 10-20.59 must inform the Department's Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student's caseworker to attend the conference or meeting.
(Source: P.A. 102-199, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/10-20.78)
Sec. 10-20.78. Student absence; pregnancy. A school board shall adopt written policies related to absences and missed homework or classwork assignments as a result of or related to a student's pregnancy.
(Source: P.A. 102-471, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/10-20.79)
Sec. 10-20.79. Computer literacy skills. All school districts shall ensure that students receive developmentally appropriate opportunities to gain computer literacy skills beginning in elementary school.
(Source: P.A. 101-654, eff. 3-8-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/10-20.80)
Sec. 10-20.80. School support personnel reporting. No later than December 1, 2022 and each December 1st annually thereafter, each school district must report to the State Board of Education the information with regard to the school district as of October 1st of each year beginning in 2022 as described in subsection (b) of Section 2-3.182 of this Code and must make that information available on its website.
(Source: P.A. 102-302, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/10-20.81)
Sec. 10-20.81. Identification cards; suicide prevention information. Each school district that serves pupils in any of grades 6 through 12 and that issues an identification card to pupils in any of grades 6 through 12 shall provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and the Safe2Help Illinois helpline on the identification card. The contact information shall identify each helpline that may be contacted through text messaging. The contact information shall be included in the school's student handbook and also the student planner if a student planner is custom printed by the school for distribution to pupils in any of grades 6 through 12.
(Source: P.A. 102-416, eff. 7-1-22; 102-813, eff. 5-13-22; 103-143, eff. 7-1-23.)
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(105 ILCS 5/10-20.83) Sec. 10-20.83. COVID-19 paid administrative leave. (a) In this Section: "Employee" means a person employed by a school district on or after April 5, 2022 (the effective date of Public Act 102-697). "Fully vaccinated against COVID-19" means: (1) 2 weeks after receiving the second dose in a | ||
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(2) 2 weeks after receiving a single dose of a | ||
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"Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section. "School district" includes charter schools established under Article 27A of this Code, but does not include the Department of Juvenile Justice School District. (b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and a school district, the State or any of its agencies, or a local public health department has issued
guidance, mandates, or rules related to COVID-19 that restrict
an employee of the school district from being on school district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from the school, or (iv) is required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms, the employee of the school district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative if any. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from school property prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). (c) An employee of a school district shall receive paid
administrative leave pursuant to subsection (b) of this Section, unless a
longer period of paid administrative leave has been negotiated
with the exclusive bargaining representative if any, to care for a
child of the employee if the child is unable to attend
elementary or secondary school
because the child has: (1) a confirmed positive COVID-19 diagnosis via a | ||
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(2) a probable COVID-19 diagnosis via an antigen | ||
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(3) been in close contact with a person who has a | ||
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(4) been required by the school or school district | ||
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Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). (d) An employee of a school district who is on paid
administrative leave pursuant to this Section must provide all
documentation requested by the school board. (e) An employee of a school district who is on paid
administrative leave pursuant to this Section shall receive
the employee's regular rate of pay. The use of a paid
administrative leave day or days by an employee pursuant to
this Section may not diminish any other leave or benefits of
the employee. (f) An employee of a school district may not accrue paid
administrative leave pursuant to this Section. (g) For an employee of a school district to be eligible to receive paid administrative leave pursuant to this Section, the employee must: (1) have received all required doses to be fully | ||
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(2) participate in the COVID-19 testing program | ||
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(h) Nothing in this Section is intended to affect any right or remedy under federal law. (i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/10-20.84) Sec. 10-20.84. College and career readiness systems. (a) Subject to subsection (d) of this Section, by July 1, 2025, a school district that enrolls students in any of grades 6 through 12 shall adopt and commence implementation of career exploration and career development activities in accordance with a postsecondary and career expectations framework for each of grades 6 through 12 served by the district that substantially aligns to the model framework adopted by State agencies pursuant to Section 15 of the Postsecondary and Workforce Readiness Act. The local postsecondary and career expectations framework shall be available on a prominent location on the school district's website. The career exploration and career development activities offered in alignment with the postsecondary and career expectations framework shall prepare students enrolled in grades 6 through 12 to make informed plans and decisions about their future education and career goals, including possible participation in a career and technical education pathway, by providing students with opportunities to explore a wide variety of high-skill, high-wage, and in-demand career fields. (b) By no later than July 1, 2025, a school district that enrolls students in any of grades 9 through 12 shall either elect to implement College and Career Pathway Endorsements in accordance with subsection (c) of this Section or opt out of implementation in accordance with subsection (d) of this Section. (c) A school district that enrolls students in any of grades 9 through 12 electing to implement College and Career Pathway Endorsements shall become an eligible school district and either (i) independently, (ii) through an area career center, or (iii) through an inter-district cooperative, award College and
Career Pathway Endorsements pursuant to the Postsecondary and Workforce
Readiness Act and pursuant to the following schedule: (1) for the high school graduating class of 2027, a | ||
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(2) for the high school graduating class of 2029, a | ||
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(3) for the high school graduating class of 2031, a | ||
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A school district may elect to implement College and Career Pathway Endorsements by July 1, 2025, either by submitting the necessary application materials to the State Board of Education to award the number of endorsements required by this subsection or by the school board of the district adopting a timeline for implementation consistent with the requirements of this subsection. (d) The school board of any school district may, by action of the board, opt out of implementation of all or any part of this Section through adoption of a set of findings that considers the following: (1) the school district's current systems for college | ||
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(2) the school district's cost of implementation | ||
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(3) the willingness and capacity of local businesses | ||
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(4) the willingness of institutions of higher | ||
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(5) the availability of a statewide database of | ||
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(6) the availability of properly licensed teachers or | ||
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A school district must report its board findings and decision on implementation to the State Board of Education. A school district electing to opt out of implementation may reverse its decision in whole or in part at any time. (e) The State Board of Education may adopt any rules necessary to implement this Section.
(Source: P.A. 102-917, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(105 ILCS 5/10-20.85) (Text of Section from P.A. 103-128) Sec. 10-20.85. Trauma kit. (a) In this Section, "trauma kit" means a first aid response kit that contains, at a minimum, all of the following: (1) One tourniquet endorsed by the Committee on | ||
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(2) One compression bandage. (3) One hemostatic bleeding control dressing endorsed | ||
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(4) Protective gloves and a marker. (5) Scissors. (6) Instructional documents developed by the Stop the | ||
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(7) Any other medical materials or equipment similar | ||
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(b) Each school district may maintain an on-site trauma kit at each school of the district for bleeding emergencies. (c) Products purchased for the trauma kit, including those products endorsed by the Committee on Tactical Combat Casualty Care, shall, whenever possible, be manufactured in the United States. (Source: P.A. 103-128, eff. 6-30-23.) (Text of Section from P.A. 103-393) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10-20.85. Community input on local assessments. (a) As used in this Section, "district-administered assessment" means an assessment that requires all student test takers at any grade level to answer the same questions, or a selection of questions from a common bank of questions, in the same manner or substantially the same questions in the same manner. The term does not include an observational assessment tool used to satisfy the requirements of Section 2-3.64a-10 of this Code or an assessment developed by district teachers or administrators that will be used to measure student progress at an attendance center within the school district. (b) Prior to approving a new contract for any district-administered assessment, a school board must hold a public vote at a regular meeting of the school board, at which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided, subject to applicable notice requirements. However, if the assessment being made available to review is subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher and to ensure content validity is not undermined.(Source: P.A. 103-393, eff. 7-1-24.) |
(105 ILCS 5/10-21) (from Ch. 122, par. 10-21)
Sec. 10-21.
Additional duties of board.
Boards of education in addition to the duties
enumerated above shall have the additional duties enumerated in Sections
10-21.1 through 10-21.11.
(Source: P.A. 86-21; 86-890; 86-1028.)
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(105 ILCS 5/10-21.1) (from Ch. 122, par. 10-21.1)
Sec. 10-21.1.
Employment of teachers.
To examine teachers by examinations supplemental to any other
examinations and to employ teachers and fix the amount of their salaries
subject to limitations set forth in this Act. Provided, that in fixing
salaries of certificated employees school boards shall make no
discrimination on account of sex; provided, further, that sabbatical
leaves, with full or partial salary, may be granted in accordance with the
rules of the board.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-21.2) (from Ch. 122, par. 10-21.2)
Sec. 10-21.2.
Schools of different grades.
To establish schools of different grades and to adopt regulations for
the admission of pupils into them; however, in any district having less
than 2,000 inhabitants no grades above the eighth shall be maintained
unless they were maintained during the school year ended June 30, 1949.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-21.3) (from Ch. 122, par. 10-21.3)
Sec. 10-21.3.
Attendance units.
To establish one or more attendance units within the district. As soon
as practicable, and from time to time thereafter, the board shall change or
revise existing units or create new units in a manner which will take into
consideration the prevention of segregation and the elimination of
separation of children in public schools because of color, race or
nationality. All records pertaining to the creation, alteration or revision
of attendance units shall be open to the public.
(Source: Laws 1963, p. 1107.)
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(105 ILCS 5/10-21.3a)
Sec. 10-21.3a. Transfer of students.
(a) Each school board shall establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) Each school board shall establish and implement a policy governing the
transfer of students within a school district from a persistently dangerous
school to another public school in that district that is not deemed to be
persistently dangerous.
In order to be considered a persistently dangerous school, the
school must meet all of the following criteria for 2 consecutive years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one public school to
another public school in that district if the student is a victim of a violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) (Blank).
(Source: P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
Sec. 10-21.4. Superintendent - Duties. Except in districts
in which there is only one school with fewer than 4
teachers, to employ a superintendent, who shall have charge
of the administration of the schools under the direction of
the board of education. However, in any school district that has boundaries that lie in 3 counties, one county of which has a population exceeding 1,000,000 inhabitants, that has an enrollment of more than 35,000 students, and that has on staff properly licensed assistant superintendents or directors in the areas of instruction, finance, special education, assessments, and career and technology education, the school board may instead, by a vote of a majority of its full membership, appoint a chief executive officer to serve as its superintendent, who shall be a person of recognized administrative ability and management experience, hold a master's degree, have been employed with the school district for a minimum of 5 years in an administrative capacity, be responsible for the management of the district, and have all other powers and duties of a superintendent as set forth in this Code, but who shall be exempt from the provisions and requirements of Section 21B-15 of this Code for a period of 5 years. In addition to the administrative
duties, the superintendent shall make recommendations to
the board concerning the budget, building plans, the
locations of sites, the selection, retention and dismissal of teachers
and all other employees, the selection of textbooks, instructional material
and courses of study.
However, in districts under a Financial Oversight Panel pursuant to
Section 1A-8 for violating a financial plan, the duties and responsibilities of
the superintendent in relation to the financial and business operations of the
district shall be approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information request of the Panel,
the performance of those duties shall be subject to the direction of the
Panel.
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 superintendent shall keep or cause to be kept the
records and accounts as directed and required by the board, aid in making
reports required by the board, and perform such other duties as the board
may delegate to him.
In addition, each year at a time designated by the State Superintendent of Education,
each
superintendent 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 provisions of this Section shall also apply to
board of director districts.
Notice of intent not to renew
a contract must be given in writing stating the
specific reason therefor by April 1 of the contract
year unless the contract specifically provides otherwise.
Failure to do so will automatically extend the contract
for an additional year. Within 10 days after receipt of
notice of intent not to renew a contract, the superintendent
may request a closed session hearing on the dismissal. At the hearing the
superintendent has the privilege of presenting evidence, witnesses and
defenses on the grounds for dismissal.
The provisions of this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A-8 for violating a financial
plan.
(Source: P.A. 99-846, eff. 6-1-17.)
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(105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
Sec. 10-21.4a. Principals and assistant principals - Duties. To employ principals and assistant principals who hold
valid supervisory or administrative certificates. The principal, with the assistance of any assistant principals, shall supervise the
operation of attendance centers as the board shall determine necessary.
In an attendance center having fewer than 4 teachers, a head teacher who
does not qualify as a principal may be assigned in the place of a principal.
The principal, with the assistance of any assistant principals, shall assume administrative responsibilities and
instructional leadership, under the supervision of the superintendent,
and in accordance with reasonable rules and regulations of the board,
for the planning, operation and evaluation of the educational program of
the attendance area to which he or she is assigned.
However, in districts under a Financial Oversight Panel pursuant to
Section 1A-8 for violating a financial plan, the duties and responsibilities of
principals and assistant principals in relation to the financial and business operations of the
district shall be approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information request of the Panel,
the performance of those duties shall be subject to the direction of the
Panel.
School boards shall specify in their formal job description for
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.
Unless residency within a school district is made an express condition of a
person's employment or continued employment as a principal or assistant principal of that school
district at the time of the person's initial employment as a principal or assistant principal of that
district, residency within that school district may not at any time thereafter
be made a condition of that person's employment or continued employment as a
principal or assistant principal of the district, without regard to whether the person's initial
employment as a principal or assistant principal of the district began before or begins on or after
the effective date of this amendatory Act of 1996 and without regard to whether
that person's residency within or outside of the district began or was changed
before or begins or changes on or after that effective date. In no event shall
residency within a school district be considered in determining the
compensation of a principal or assistant principal or the assignment or transfer of a principal or assistant principal to an
attendance center of the district.
School boards shall ensure that their principals and assistant 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.
The principal shall submit recommendations to the superintendent
concerning the appointment, retention, promotion and assignment of all
personnel assigned to the attendance center.
(Source: P.A. 97-217, eff. 7-28-11; 98-59, eff. 1-1-14.)
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(105 ILCS 5/10-21.5) (from Ch. 122, par. 10-21.5)
Sec. 10-21.5.
Establishment of high schools.
The board of education of
any community high school district, township high school district,
consolidated high school district, or community unit district
heretofore created shall within 4 years from the date of such creation
establish within the district one or more high schools with a program of
studies extending through the ninth to twelfth years, inclusive, and in
such districts created hereafter the board of education shall within four
years following the creation of the district establish such high schools.
Notwithstanding any other provision of this Act, any unit district that
has a majority of its territory in the same county as a special charter
district that, as authorized by Section 12-24, accepts tuition students in
grades 9-12 from a neighboring unit district that does not maintain a high
school may, by agreement between the school board of the unit district and
the school board of the charter district, send its students in grades 9-12
to the charter district upon payment of such tuition and other terms as may
be agreed by the boards.
Except as otherwise provided in Section 5-32, if the board of
education fails to establish a high school as required by this section the
district shall become automatically dissolved and the property and
territory of such district shall be disposed of in the manner provided in
this Act, provided that no community high school district shall be
dissolved under this Act where an election has been held, a site selected,
and bonds to construct a high school building have been sold prior to September
1, 1955.
(Source: P.A. 87-1022.)
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(105 ILCS 5/10-21.6)
Sec. 10-21.6. (Repealed).
(Source: P.A. 83-795. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
Sec. 10-21.7. Attacks on school personnel.
(a) In the Section, "school" means any public or private elementary or
secondary school.
(b) Upon receipt of a
written complaint from any school personnel, the school shall
report all incidents of battery committed against teachers, teacher
personnel, administrative personnel or educational support
personnel to the local law enforcement
authorities immediately after the occurrence of
the attack. Schools shall also report all of these incidents to the State Board of Education through existing school incident reporting systems as they occur during the year by no later than August 1 for the preceding school year. The State Board of Education shall report data by school district, as collected from school districts, in an annual report of attacks on school personnel 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.
(Source: P.A. 102-538, eff. 8-20-21; 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-21.8) (from Ch. 122, par. 10-21.8)
Sec. 10-21.8. Correspondence and Reports. In the absence of any
court order to the contrary to require that, upon the
request of either parent of a pupil whose parents are divorced or, if the student is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services, copies of
the following: reports or records which reflect the pupil's academic
progress, reports of the pupil's emotional and physical health, notices of
school-initiated parent-teacher conference, notices of major
school-sponsored events, such as open houses, which involve pupil-parent
interaction, and copies of the school calendar regarding the child which
are furnished by the school district to one parent be furnished by mail to
the other parent or, if applicable, the Department's Office of Education and Transition Services. Notwithstanding the foregoing provisions of this
Section a school board shall not, under the authority of this Section, refuse
to mail copies of reports, records, notices or other documents regarding a
pupil to a parent of the pupil as provided by this Section, unless the
school board first has been furnished with a certified copy of the court
order prohibiting the release of such reports, records, notices or other
documents to that parent. No such reports or records with respect to a
pupil shall be provided to a parent who has been prohibited by an order of
protection from inspecting or obtaining school records of that pupil
pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
(Source: P.A. 102-199, eff. 7-1-22.)
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(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment with a school
district, except school bus driver applicants, are required as a condition
of employment to authorize a fingerprint-based criminal history records check to determine if such applicants have been convicted of any disqualifying, enumerated criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 7 years of the application for employment with
the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State.
Authorization for
the check shall be furnished by the applicant to
the school district, except that if the applicant is a substitute teacher
seeking employment in more than one school district, a teacher seeking
concurrent part-time employment positions with more than one school
district (as a reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking employment positions
with more than one district, any such district may require the applicant to
furnish authorization for
the check to the regional superintendent
of the educational service region in which are located the school districts
in which the applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or the appropriate
regional superintendent, as the case may be, shall submit the applicant's
name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The regional
superintendent submitting the requisite information to the Illinois
State Police shall promptly notify the school districts in which the
applicant is seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee that
the
check of the applicant has been requested. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check.
The Illinois State Police
shall charge
the school district
or the appropriate regional superintendent a fee for
conducting
such check, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of
the inquiry; and the
applicant shall not be charged a fee for
such check by the school
district or by the regional superintendent, except that those applicants seeking employment as a substitute teacher with a school district may be charged a fee not to exceed the cost of the inquiry. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse school districts and regional superintendents for fees paid to obtain criminal history records checks under this Section.
(a-5) The school district or regional superintendent shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, for each applicant. The check of the Statewide Sex Offender Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (a-6) The school district or regional superintendent shall further perform a check of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Community Notification Law, for each applicant. The check of the Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (b)
Any information
concerning the record of convictions obtained by the president of the
school board or the regional superintendent shall be confidential and may
only be transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if
the check was
requested by the school district, the presidents of the appropriate school
boards if
the check was requested from the Illinois State
Police by the regional superintendent, the State Board of Education and a school district as authorized under subsection (b-5), the State Superintendent of
Education, the State Educator Preparation and Licensure Board, any other person
necessary to the decision of hiring the applicant for employment, or for clarification purposes the Illinois State Police or Statewide Sex Offender Database, or both. A copy
of the record of convictions obtained from the Illinois State Police
shall be provided to the applicant for employment. Upon the check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database. If a check of
an applicant for employment as a substitute or concurrent part-time teacher
or concurrent educational support personnel employee in more than one
school district was requested by the regional superintendent, and the Illinois
State Police upon a check ascertains that the applicant
has not been convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section
or has not been convicted, within 7 years of the
application for
employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State
and so notifies the regional
superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, then the
regional superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Illinois State Police
the applicant has not been convicted of any of the enumerated criminal or
drug offenses in subsection (c) of this Section
or has not been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the applicant has not been identified in the Database. The school
board of
any
school district
may rely on the
certificate issued by any regional superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee or may
initiate its own criminal history records check of the applicant through the Illinois
State Police and its own check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database as provided in this Section. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act.
(b-5) If a criminal history records check or check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database is performed by a regional superintendent for an applicant seeking employment as a substitute teacher with a school district, the regional superintendent may disclose to the State Board of Education whether the applicant has been issued a certificate under subsection (b) based on those checks. If the State Board receives information on an applicant under this subsection, then it must indicate in the Educator Licensure Information System for a 90-day period that the applicant has been issued or has not been issued a certificate. (c) No school board shall knowingly employ a person who has been
convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B-80 of this Code, except as provided under subsection (b) of Section 21B-80.
Further, no school board shall knowingly employ a person who has been found
to be the perpetrator of sexual or physical abuse of any minor under 18 years
of age pursuant to proceedings under Article II of the Juvenile Court Act of
1987. As a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction.
(d) No school board shall knowingly employ a person for whom a criminal
history records check and a Statewide Sex Offender Database check have not been initiated.
(e) Within 10 days after a superintendent, regional office of education, or entity that provides background checks of license holders to public schools receives information of a pending criminal charge against a license holder for an offense set forth in Section 21B-80 of this Code, the superintendent, regional office of education, or entity must notify the State Superintendent of Education of the pending criminal charge. If permissible by federal or State law, no later than 15 business days after receipt of a record of conviction or of checking the Statewide Murderer and Violent Offender Against Youth Database or the Statewide Sex Offender Database and finding a registration, the superintendent of the employing school board or the applicable regional superintendent shall, in writing, notify the State Superintendent of Education of any license holder who has been convicted of a crime set forth in Section 21B-80 of this Code. Upon receipt of the record of a conviction of or a finding of child
abuse by a holder of any license
issued pursuant to Article 21B or Section 34-8.1 of this Code, the
State Superintendent of Education may initiate licensure suspension
and revocation proceedings as authorized by law. If the receipt of the record of conviction or finding of child abuse is received within 6 months after the initial grant of or renewal of a license, the State Superintendent of Education may rescind the license holder's license.
(e-5) The superintendent of the employing school board shall, in writing, notify the State Superintendent of Education and the applicable regional superintendent of schools of any license holder whom he or she has reasonable cause to believe has committed (i) an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act, or (ii) an act of sexual misconduct, as defined in Section 22-85.5 of this Code, and that act resulted in the license holder's dismissal or resignation from the school district. This notification must be submitted within 30 days after the dismissal or resignation and must include the Illinois Educator Identification Number (IEIN) of the license holder and a brief description of the misconduct alleged. The license holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to Article 21B of this Code, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action. (f) After January 1, 1990 the provisions of this Section shall apply
to all employees of persons or firms holding contracts with any school
district including, but not limited to, food service workers, school bus
drivers and other transportation employees, who have direct, daily contact
with the pupils of any school in such district. For purposes of criminal
history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to more than one
school district, the regional superintendent of the educational service
region in which the contracting school districts are located may, at the
request of any such school district, be responsible for receiving the
authorization for
a criminal history records check prepared by each such employee and
submitting the same to the Illinois State Police and for conducting a check of the Statewide Sex Offender Database for each employee. Any information
concerning the record of conviction and identification as a sex offender of any such employee obtained by the
regional superintendent shall be promptly reported to the president of the
appropriate school board or school boards.
(f-5) Upon request of a school or school district, any information obtained by a school district pursuant to subsection (f) of this Section within the last year must be made available to the requesting school or school district. (g) Prior to the commencement of any student teaching experience or required internship (which is referred to as student teaching in this Section) in the public schools, a student teacher is required to authorize a fingerprint-based criminal history records check. Authorization for and payment of the costs of the check must be furnished by the student teacher to the school district where the student teaching is to be completed. Upon receipt of this authorization and payment, the school district shall submit the student teacher's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the school board for the school district that requested the check. The Illinois State Police shall charge the school district a fee for conducting the check, which fee must not exceed the cost of the inquiry and must be deposited into the State Police Services Fund. The school district shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each student teacher. No school board may knowingly allow a person to student teach for whom a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check have not been completed and reviewed by the district. A copy of the record of convictions obtained from the Illinois State Police must be provided to the student teacher. Any information concerning the record of convictions obtained by the president of the school board is confidential and may only be transmitted to the superintendent of the school district or his or her designee, the State Superintendent of Education, the State Educator Preparation and Licensure Board, or, for clarification purposes, the Illinois State Police or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. No school board shall knowingly allow a person to student teach who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to subsection (c) of Section 21B-80 of this Code, except as provided under subsection (b) of Section 21B-80. Further, no school board shall allow a person to student teach if he or she has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. Each school board must consider the status of a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (h) (Blank).(Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/10-21.10) (from Ch. 122, par. 10-21.10)
Sec. 10-21.10.
Electronic paging devices on school property.
(a) The
General Assembly finds and declares that the educational development of all
persons to the limits of their capacities is a fundamental goal of the
people of this State, that to achieve such goal it is essential to provide
a safe and secure learning environment within the public schools, and that
the unrestricted and unregulated use by students of pocket pagers and
similar electronic paging devices on school grounds or in school buildings
which are owned, occupied or leased by a school board for school
purposes and activities adversely affects the educational environment,
welfare and safety of students enrolled in the public schools, in that
pocket pagers and similar electronic paging devices are being regularly
used for the conduct of unlawful activities during school hours and on
school property, including activities directly related to the unlawful
possession, sale, delivery or other trafficking in drugs or other
substances which constitute a "controlled substance" as that term is
defined in the Illinois Controlled Substances Act.
It is the purpose and intention of the General Assembly, in enacting this
legislation, to reduce or eliminate the occurrence of such unlawful
activities during school hours and on school property by restricting and
regulating student use or possession of pocket pagers and similar
electronic paging devices as provided in this Section, and by providing for
the imposition of appropriate discipline and sanctions for any violation
of the provisions of this Section.
(b) No student shall use or have in his or her possession any pocket
pager or similar electronic paging device while in any school building or
on any school property, during regular school hours or at any other time,
unless the use or possession of such device by such student has first been
expressly authorized by the school board acting in accordance with
standards developed as provided in subsection (c) for the granting of
approved exceptions to the general prohibition of this Section against such
use or possession.
(c) The school board shall develop and promulgate
written standards under which the board:
(1) may authorize the use or possession of a pocket pager or similar
electronic paging device by a student while in a school building or on
school property as an approved exception to the general prohibition of this
Section against such use or possession; and
(2) may impose appropriate discipline or other sanctions against any
student who violates any provision of this Section.
(Source: P.A. 86-791.)
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(105 ILCS 5/10-21.11) (from Ch. 122, par. 10-21.11)
Sec. 10-21.11.
Infectious disease policies and rules.
To
develop policies and adopt rules relating to the appropriate manner of
managing children with chronic infectious diseases, not inconsistent with
guidelines published by the State Board of Education and the Illinois
Department of Public Health. Such policies and rules must include
evaluation of students with a chronic infectious disease on an individual
case-by-case basis, and may include different provisions for different age
groups, classes of instruction, types of educational institution,
and other reasonable classifications,
as the school board may find appropriate.
This requirement applies to all school districts and public schools of
this State, including special charter districts, Department of Corrections
school districts, laboratory schools operated by the governing board of a
public university, and alternative schools operated by a regional
superintendent of schools.
(Source: P.A. 86-890; 86-1028.)
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(105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
Sec. 10-21.12. Transfer of teachers. The employment of a teacher
transferred from one board or administrative agent to the control of a new
or different board or administrative agent shall be considered continuous
employment if such
transfer of employment occurred by reason of any of the following events:
(1) a boundary change or the creation or | ||
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(2) the deactivation or reactivation of any high | ||
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(3) the creation, expansion, reduction or dissolution | ||
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(4) the creation, expansion, reduction, termination | ||
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(Source: P.A. 94-213, eff. 7-14-05; 94-1019, eff. 7-10-06.)
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(105 ILCS 5/10-22) (from Ch. 122, par. 10-22)
Sec. 10-22.
(Repealed).
(Source: P.A. 76-2268. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-22.1) (from Ch. 122, par. 10-22.1)
Sec. 10-22.1.
Book for records.
To purchase a suitable book for their records.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-22.2) (from Ch. 122, par. 10-22.2)
Sec. 10-22.2.
Compensation of clerk or secretary.
To allow the clerk or secretary a reasonable compensation for services,
payable out of money not otherwise appropriated.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-22.3) (from Ch. 122, par. 10-22.3)
Sec. 10-22.3.
Liability insurance for school board members, school board employees and
student teachers.
To insure against any loss or liability of the school district, members
of school boards, employees,
volunteer personnel authorized in Sections 10-22.34, 10-22.34a and 10-22.34b
of this Code
and student teachers by reason of civil rights
damage claims and suits, constitutional rights damage claims and suits and
death and bodily injury and property damage claims and suits, including
defense thereof, when damages are sought for negligent or wrongful acts
allegedly committed during the scope of employment or under the direction
of the school board. Such insurance shall be carried in a company licensed
to write such coverage in this State.
(Source: P.A. 79-210.)
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(105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
Sec. 10-22.3a. To provide for or to participate in provisions for insurance
protection and benefits for its employees and their dependents including
but not limited to retirement annuities, medical, surgical and
hospitalization benefits in such types and amounts, if any, as shall be
determined by the board, for the purpose of aiding in securing and
retaining the services of competent employees. Where employee participation
in such provisions is involved, the board, with the consent of the
employee, may withhold deductions from the employee's salary necessary to
defray the employee's share of such insurance costs. Such insurance or
benefits may be contracted for only with an insurance company authorized to
do business in this State. Such insurance may include provisions
for employees and their dependents who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the tenets and
practice of a recognized religious denomination.
For purposes of this Section, the term "dependent" means an employee's
spouse and any unmarried child (1) under the age of 19 years including (a)
an adopted child and (b) a step-child or recognized child who lives with
the employee in a regular parent-child relationship, or (2) under the age
of 23 who is enrolled as a full-time student in any accredited school,
college or university. Nothing contained in this Code may preclude an elected school board member from participating in a group health insurance program provided to an employee of the school district that the board member serves if the board member is a dependent of that employee.
(Source: P.A. 94-410, eff. 8-2-05.)
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(105 ILCS 5/10-22.3b) (from Ch. 122, par. 10-22.3b)
Sec. 10-22.3b.
Health insurance for retired teachers.
To make health
insurance premium payments to the Teachers' Retirement System of the State
of Illinois for those costs of participating in the health benefit program
established under Article 16 of the Illinois Pension Code that are not paid
by the System under Section 16-153.4 of the Illinois Pension Code and for the
cost of premiums charged for participation in the health benefit program
established under Section 6.5 of the State Employees Group Insurance Act of
1971, for eligible participants who retired from the school district.
(Source: P.A. 89-25, eff. 6-21-95.)
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(105 ILCS 5/10-22.3c) (from Ch. 122, par. 10-22.3c)
Sec. 10-22.3c.
Orders of protection.
To prohibit the
disclosure by any school employee to any person against whom
the school district has received a certified copy of an order
of protection the location or address of the petitioner for the
order of protection or the identity of the schools in the district
in which the petitioner's child or children are enrolled. The
school district shall maintain the copy of the order of protection
in the records of the child or children enrolled in the district
whose parent is the petitioner of an order of protection.
(Source: P.A. 87-437.)
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(105 ILCS 5/10-22.3d)
Sec. 10-22.3d.
Woman's health care provider.
Insurance protection and
benefits for employees are subject to the provisions of Section 356r of the
Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; 90-14, eff. 7-1-97.)
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(105 ILCS 5/10-22.3e)
Sec. 10-22.3e.
Post-parturition care.
Insurance
protection and benefits for employees shall provide the post-parturition care
benefits required to be covered by a policy of accident and health insurance
under Section 356s of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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(105 ILCS 5/10-22.3f) (Text of Section from P.A. 103-84, 103-91, 103-420, 103-445, and 103-535) Sec. 10-22.3f. Required health benefits. Insurance protection and benefits for employees shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61 of the Illinois Insurance Code. Insurance policies shall comply with Section 356z.19 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23.) (Text of Section from P.A. 103-551) Sec. 10-22.3f. Required health benefits. Insurance protection and benefits for employees shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.62 of the Illinois Insurance Code. Insurance policies shall comply with Section 356z.19 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.) |
(105 ILCS 5/10-22.4) (from Ch. 122, par. 10-22.4)
Sec. 10-22.4. Dismissal of teachers. To dismiss a teacher for incompetency, cruelty, negligence, immorality
or other sufficient cause, to dismiss any teacher on the basis of performance and to dismiss any teacher whenever, in its
opinion, he is not qualified to teach, or whenever, in its opinion, the
interests of the schools require it, subject, however, to the provisions of
Sections 24-10 to 24-16.5, inclusive. Temporary mental or physical
incapacity to perform teaching duties, as found by a medical
examination, is not a cause for dismissal.
Marriage is not a cause of removal.
(Source: P.A. 97-8, eff. 6-13-11.)
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(105 ILCS 5/10-22.4a) (from Ch. 122, par. 10-22.4a)
Sec. 10-22.4a.
Arbitration of disputes.
The school board may enter
into agreements with employees or representatives of employees to resolve
disputes and grievances by binding arbitration before disinterested third parties.
(Source: P.A. 82-107.)
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(105 ILCS 5/10-22.5) (from Ch. 122, par. 10-22.5)
Sec. 10-22.5.
Assignment of pupils to schools - Non-resident
pupils - Tuition - Race discrimination.
To assign pupils to the several schools in the district; to admit
non-resident pupils when it can be done without prejudice to the rights
of resident pupils and provide them with any services of the school
including transportation; to fix the rates of tuition in accordance with
Section 10-20.12a, and to collect and pay the same to the treasurer
for the use of the district; but no pupil shall be excluded from or
segregated in any such school on account of his color, race, sex, or
nationality. Nothing herein shall be construed to permit or empower the
State Board of Education to
order, mandate or require
busing or other transportation of pupils for the purpose of achieving
racial balance in any school.
(Source: P.A. 81-1508.)
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(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
Sec. 10-22.5a. Attendance by dependents of United States military personnel, foreign exchange students, and certain
nonresident pupils. (a) To enter into written agreements with cultural exchange organizations,
or with nationally recognized eleemosynary institutions that promote excellence
in the arts, mathematics, or science. The written agreements may provide
for tuition free attendance at the local district school by foreign exchange
students, or by nonresident pupils of eleemosynary institutions. The local
board of education, as part of the agreement, may require that the cultural
exchange program or the eleemosynary institutions provide services to the
district in exchange for the waiver of nonresident tuition.
To enter into written agreements with adjacent school districts to provide
for tuition free attendance by a student of the adjacent district when
requested for the student's health and safety by the student or parent and both
districts determine that the student's health or safety will be served by such
attendance. Districts shall not be required to enter into such agreements nor
be
required to alter existing transportation services due to the attendance of
such non-resident pupils.
(a-5) If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of a school district, but will be living within the district within 6 months after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this subsection (a-5), and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this subsection (a-5) shall provide proof that the dependent will be living within the district within 6 months after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district.
(b) Nonresident pupils and foreign exchange students attending school on a
tuition free basis under such agreements and nonresident dependents of United States military personnel attending school on a tuition free basis may be counted for the purposes
of determining the apportionment of State aid provided under Section 18-8.05 or 18-8.15
of this Code. No organization
or institution participating in agreements authorized under this Section
may exclude any individual for participation in its program on account
of the person's race, color, sex, religion or nationality.
(Source: P.A. 102-126, eff. 7-23-21.)
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school searches.
(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, pursuant to subsection (b-20) of this Section, and
no action shall lie against them for such expulsion. Expulsion shall
take place only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by it, to
discuss their child's behavior. Such request shall be made by registered
or certified mail and shall state the time, place and purpose of the
meeting. The board, or a hearing officer appointed by it, at such
meeting shall state the reasons for dismissal and the date on which the
expulsion is to become effective. If a hearing officer is appointed by
the board, he shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon as it
finds appropriate. If the board acts to expel a pupil, the written expulsion decision shall detail the specific reasons why removing the pupil from the learning environment is in the best interest of the school. The expulsion decision shall also include a rationale as to the specific duration of the expulsion. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.
(b) To suspend or by policy to authorize the superintendent of
the district or the principal, assistant principal, or dean of students
of any school to suspend pupils guilty of gross disobedience or misconduct, or
to suspend pupils guilty of gross disobedience or misconduct on the school bus
from riding the school bus, pursuant to subsections (b-15) and (b-20) of this Section, and no action
shall lie against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of 10
school
days for safety reasons. Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of the
reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the
parents or guardian, the school board or a hearing officer appointed by
it shall review such action of the superintendent or principal, assistant
principal, or dean of students. At such
review, the parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing officer
is appointed by the board, he shall report to the board a written summary
of the evidence heard at the meeting. After its hearing or upon receipt
of the written report of its hearing officer, the board may take such
action as it finds appropriate. If a student is suspended pursuant to this subsection (b), the board shall, in the written suspension decision, detail the specific act of gross disobedience or misconduct resulting in the decision to suspend. The suspension decision shall also include a rationale as to the specific duration of the suspension. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions and consequences available to school officials, school exclusions, such as out-of-school suspensions and expulsions, are the most serious. School officials shall limit the number and duration of expulsions and suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educational purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to using out-of-school suspensions or expulsions. (b-10) Unless otherwise required by federal law or this Code, school boards may not institute zero-tolerance policies by which school administrators are required to suspend or expel students for particular behaviors. (b-15) Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities. For purposes of this subsection (b-15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of suspensions to the greatest extent practicable. (b-20) Unless otherwise required by this Code, out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of this subsection (b-20), "threat to the safety of other students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subsection (b-20), the determination of whether "appropriate and available behavioral and disciplinary interventions have been exhausted" shall be made by school officials. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of student exclusions to the greatest extent practicable. Within the suspension decision described in subsection (b) of this Section or the expulsion decision described in subsection (a) of this Section, it shall be documented whether other interventions were attempted or whether it was determined that there were no other appropriate and available interventions. (b-25) Students who are suspended out-of-school for longer than 4 school days shall be provided appropriate and available support services during the period of their suspension. For purposes of this subsection (b-25), "appropriate and available support services" shall be determined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whether such services are to be provided or whether it was determined that there are no such appropriate and available services. A school district may refer students who are expelled to appropriate and available support services. A school district shall create a policy to facilitate the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting. (b-30) A school district shall create a policy by which suspended pupils, including those pupils suspended from the school bus who do not have alternate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the responsibility of a pupil's parent or guardian to notify school officials that a pupil suspended from the school bus does not have alternate transportation to school. (c) A school board must invite a representative from a local mental health agency to consult with the board at the meeting whenever there is evidence that mental illness may be the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, the appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates. (d) The board may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case-by-case basis.
A student who
is determined to have brought one of the following objects to school, any school-sponsored activity
or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than
one year: (1) A firearm. For the purposes of this Section, | ||
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(2) A knife, brass knuckles or other knuckle weapon | ||
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Expulsion
or suspension
shall be construed in a
manner consistent with the federal Individuals with Disabilities Education
Act. A student who is subject to suspension or expulsion as provided in this
Section may be eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code.
(d-5) The board may suspend or by regulation
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend a student for a period not to exceed
10 school days or may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.
(e) To maintain order and security in the schools, school authorities may
inspect and search places and areas such as lockers, desks, parking lots, and
other school property and equipment owned or controlled by the school, as well
as personal effects left in those places and areas by students, without notice
to or the consent of the student, and without a search warrant. As a matter of
public policy, the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request the assistance
of law enforcement officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school for illegal drugs, weapons, or
other
illegal or dangerous substances or materials, including searches conducted
through the use of specially trained dogs. If a search conducted in accordance
with this Section produces evidence that the student has violated or is
violating either the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and disciplinary action may
be taken. School authorities may also turn over such evidence to law
enforcement authorities.
(f) Suspension or expulsion may include suspension or expulsion from
school and all school activities and a prohibition from being present on school
grounds.
(g) A school district may adopt a policy providing that if a student
is suspended or expelled for any reason from any public or private school
in this or any other state, the student must complete the entire term of
the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school
district if there is no threat to the safety of students or staff in the alternative program.
(h) School officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties. (i) A student may not be issued a monetary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property. (j) Subsections (a) through (i) of this Section shall apply to elementary and secondary schools, charter schools, special charter districts, and school districts organized under Article 34 of this Code. (k) The expulsion of children enrolled in programs funded under Section 1C-2 of this Code is subject to the requirements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code. (l) Beginning with the 2018-2019 school year, an in-school suspension program provided by a school district for any students in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. A school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program in kindergarten through grade 12. (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) (Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school searches.
(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, pursuant to subsection (b-20) of this Section, and
no action shall lie against them for such expulsion. Expulsion shall
take place only after the parents or guardians have been requested to appear at a
meeting of the board, or with a hearing officer appointed by it, to
discuss their child's behavior. Such request shall be made by registered
or certified mail and shall state the time, place and purpose of the
meeting. The board, or a hearing officer appointed by it, at such
meeting shall state the reasons for dismissal and the date on which the
expulsion is to become effective. If a hearing officer is appointed by
the board, he shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon as it
finds appropriate. If the board acts to expel a pupil, the written expulsion decision shall detail the specific reasons why removing the pupil from the learning environment is in the best interest of the school. The expulsion decision shall also include a rationale as to the specific duration of the expulsion. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.
(b) To suspend or by policy to authorize the superintendent of
the district or the principal, assistant principal, or dean of students
of any school to suspend pupils guilty of gross disobedience or misconduct, or
to suspend pupils guilty of gross disobedience or misconduct on the school bus
from riding the school bus, pursuant to subsections (b-15) and (b-20) of this Section, and no action
shall lie against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of 10
school
days for safety reasons. Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of the
reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the
parents or guardians, the school board or a hearing officer appointed by
it shall review such action of the superintendent or principal, assistant
principal, or dean of students. At such
review, the parents or guardians of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing officer
is appointed by the board, he shall report to the board a written summary
of the evidence heard at the meeting. After its hearing or upon receipt
of the written report of its hearing officer, the board may take such
action as it finds appropriate. If a student is suspended pursuant to this subsection (b), the board shall, in the written suspension decision, detail the specific act of gross disobedience or misconduct resulting in the decision to suspend. The suspension decision shall also include a rationale as to the specific duration of the suspension. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions and consequences available to school officials, school exclusions, such as out-of-school suspensions and expulsions, are the most serious. School officials shall limit the number and duration of expulsions and suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educational purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to using out-of-school suspensions or expulsions. (b-10) Unless otherwise required by federal law or this Code, school boards may not institute zero-tolerance policies by which school administrators are required to suspend or expel students for particular behaviors. (b-15) Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities. For purposes of this subsection (b-15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of suspensions to the greatest extent practicable. (b-20) Unless otherwise required by this Code, out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of this subsection (b-20), "threat to the safety of other students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subsection (b-20), the determination of whether "appropriate and available behavioral and disciplinary interventions have been exhausted" shall be made by school officials. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of student exclusions to the greatest extent practicable. Within the suspension decision described in subsection (b) of this Section or the expulsion decision described in subsection (a) of this Section, it shall be documented whether other interventions were attempted or whether it was determined that there were no other appropriate and available interventions. (b-25) Students who are suspended out-of-school for longer than 4 school days shall be provided appropriate and available support services during the period of their suspension. For purposes of this subsection (b-25), "appropriate and available support services" shall be determined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whether such services are to be provided or whether it was determined that there are no such appropriate and available services. A school district may refer students who are expelled to appropriate and available support services. A school district shall create a policy to facilitate the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting. (b-30) A school district shall create a policy by which suspended pupils, including those pupils suspended from the school bus who do not have alternate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the responsibility of a pupil's parents or guardians to notify school officials that a pupil suspended from the school bus does not have alternate transportation to school. (b-35) In all suspension review hearings conducted
under subsection (b) or expulsion hearings conducted
under subsection (a), a student may disclose any factor to be considered in mitigation, including his or her status as
a parent, expectant parent, or victim of domestic or sexual violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if emancipated, must be permitted to represent
the student throughout the proceedings and to address the school board or its appointed hearing officer. With the
approval of the student's parent or guardian, or of the student if emancipated, a support person
must be permitted to accompany the student to any disciplinary
hearings or proceedings. The representative or support person must comply with any rules of the school district's hearing process. If the representative or support person violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or anyone else in attendance at the hearing, the representative or support person may be prohibited from further participation in the hearing or proceeding. A suspension or expulsion proceeding
under this subsection (b-35) must be conducted independently
from any ongoing criminal investigation or proceeding, and an absence of pending or possible criminal charges, criminal investigations, or proceedings may not be a factor in school
disciplinary decisions. (b-40) During a suspension review hearing conducted
under subsection (b) or an expulsion hearing conducted
under subsection (a) that involves allegations of sexual
violence by the student who is subject to discipline, neither
the student nor his or her representative shall directly
question nor have direct contact with the alleged victim. The
student who is subject to discipline or his or her
representative may, at the discretion and direction of the
school board or its appointed hearing officer, suggest
questions to be posed by the school board or its appointed
hearing officer to the alleged victim. (c) A school board must invite a representative from a local mental health agency to consult with the board at the meeting whenever there is evidence that mental illness may be the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, the appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates. (d) The board may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case-by-case basis.
A student who
is determined to have brought one of the following objects to school, any school-sponsored activity
or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than
one year: (1) A firearm. For the purposes of this Section, | ||
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(2) A knife, brass knuckles or other knuckle weapon | ||
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Expulsion
or suspension
shall be construed in a
manner consistent with the federal Individuals with Disabilities Education
Act. A student who is subject to suspension or expulsion as provided in this
Section may be eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code.
(d-5) The board may suspend or by regulation
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend a student for a period not to exceed
10 school days or may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.
(e) To maintain order and security in the schools, school authorities may
inspect and search places and areas such as lockers, desks, parking lots, and
other school property and equipment owned or controlled by the school, as well
as personal effects left in those places and areas by students, without notice
to or the consent of the student, and without a search warrant. As a matter of
public policy, the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request the assistance
of law enforcement officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school for illegal drugs, weapons, or
other
illegal or dangerous substances or materials, including searches conducted
through the use of specially trained dogs. If a search conducted in accordance
with this Section produces evidence that the student has violated or is
violating either the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and disciplinary action may
be taken. School authorities may also turn over such evidence to law
enforcement authorities.
(f) Suspension or expulsion may include suspension or expulsion from
school and all school activities and a prohibition from being present on school
grounds.
(g) A school district may adopt a policy providing that if a student
is suspended or expelled for any reason from any public or private school
in this or any other state, the student must complete the entire term of
the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school
district if there is no threat to the safety of students or staff in the alternative program. A school district that adopts a policy under this subsection (g) must include a provision allowing for consideration of any mitigating factors, including, but not limited to, a student's status as a parent, expectant parent, or victim of domestic or sexual violence, as defined in Article 26A.
(h) School officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties. (i) A student may not be issued a monetary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property. (j) Subsections (a) through (i) of this Section shall apply to elementary and secondary schools, charter schools, special charter districts, and school districts organized under Article 34 of this Code. (k) The expulsion of children enrolled in programs funded under Section 1C-2 of this Code is subject to the requirements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code. (l) Beginning with the 2018-2019 school year, an in-school suspension program provided by a school district for any students in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. A school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program in kindergarten through grade 12. (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6a.
To provide by home instruction, correspondence courses or
otherwise courses of instruction for pupils who are unable to attend school
because of pregnancy. Such instruction shall be provided to the pupil
(1) before the birth of the child when the pupil's physician, physician assistant, or advanced practice nurse has
indicated to the district, in writing, that the pupil is medically unable
to attend regular classroom instruction and (2) for up to 3 months
following the birth of the child or a miscarriage.
The instruction course shall be designed to offer educational experiences
that are equivalent to those given to pupils at the same grade level in
the district and that are designed to enable the pupil to return to the classroom.
(Source: P.A. 100-443, eff. 8-25-17.)
(Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6a. Home instruction; correspondence courses. (a) To provide by home instruction, correspondence courses or
otherwise courses of instruction for a pupil who is unable to attend school
because of pregnancy or pregnancy-related conditions, the fulfillment of parenting obligations related to the health of the child, or health and safety concerns arising from domestic or sexual violence, as defined in Article 26A. Such instruction shall be provided to the pupil at each of the following times:
(1) Before the birth of the child when the pupil's | ||
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(2) For up to 3 months following the birth of the | ||
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(3) When the pupil must care for his or her ill child | ||
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(4) The pupil must treat physical or mental health | ||
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A school district may reassess home instruction provided to a pupil under paragraph (3) or (4) every 2 months to determine the pupil's continuing need for instruction under this Section.
The instruction course shall be designed to offer educational experiences
that are equivalent to those given to pupils at the same grade level in
the district and that are designed to enable the pupil to return to the classroom.
(b) Notwithstanding any other provision of this Code or State law to the contrary, if a pupil is unable to attend regular classes because of the reasons set forth in subsection (a) and has participated in instruction under this Section that is administered by the school or the school district, then the pupil may not be penalized for grading purposes or be denied course completion, a return to regular classroom instruction, grade level advancement, or graduation solely on the basis of the pupil's participation in instruction under this Section or the pupil's absence from the regular education program during the period of instruction under this Section. A school or school district may not use instruction under this Section to replace making support services available so that pupils who are parents, expectant parents, or victims of domestic or sexual violence may receive regular classroom instruction. (Source: P.A. 102-466, eff. 7-1-25.)
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(105 ILCS 5/10-22.6b) (from Ch. 122, par. 10-22.6b)
Sec. 10-22.6b.
Non-disclosure of information.
Except as otherwise
provided in the "Abused and Neglected Child Reporting Act" or other
applicable State or federal law, to permit school
officials to withhold, from any person, information
on the whereabouts of any child removed
from school premises when the child has been taken into protective custody as a victim
of suspected child abuse. School officials shall direct
such person to the Department of Children and Family Services, or to
the local law enforcement agency if appropriate.
(Source: P.A. 85-238.)
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(105 ILCS 5/10-22.7) (from Ch. 122, par. 10-22.7)
Sec. 10-22.7.
Repairs and improvements.
To repair and improve schoolhouses
and furnish them with the necessary fixtures, furniture, apparatus, libraries,
and fuel, to receive and review the reports of architects and professional
engineers licensed in the State of Illinois prescribed in Section 2-3.12, to
set priorities for the recommendations set forth in the report, and to ensure
that those facilities used for student occupancy under their control will
remain in compliance with the building code authorized in Section 2-3.12.
(Source: P.A. 87-984.)
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(105 ILCS 5/10-22.8) (from Ch. 122, par. 10-22.8)
Sec. 10-22.8.
Sale of personal property.
To sell at public or private sale any personal property belonging to the
school district, and either not needed for school purposes or available
through an arrangement under which such personal property may be leased by the
district from the purchaser.
(Source: P.A. 90-789, eff. 8-14-98.)
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(105 ILCS 5/10-22.9) (from Ch. 122, par. 10-22.9)
Sec. 10-22.9.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-22.10) (from Ch. 122, par. 10-22.10)
Sec. 10-22.10.
Control and supervision of school houses and school grounds.
To have the control and supervision of all public schoolhouses in their
district, and to grant the temporary use of them, when not occupied by
schools, for religious meetings and Sunday schools, for evening schools and
literary societies, and for such other meetings as the board deems proper;
to grant the use of assembly halls and class rooms when not otherwise
needed, including light, heat and attendants, for public lectures,
concerts, and other educational and social interests, under such provisions
and control as they may see fit to impose; to grant the use of school
grounds under such provisions and control as they may see fit to impose and
to conduct, or provide for the conducting of recreational, social and civic
activities in the school buildings or on the school grounds or both.
(Source: Laws 1967, p. 264.)
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(105 ILCS 5/10-22.10a) (from Ch. 122, par. 10-22.10a)
Sec. 10-22.10a.
Inspection for drugs.
School boards are empowered to
adopt a policy to authorize school officials to request the assistance of
law enforcement officials for the purpose of conducting reasonable searches
of school grounds and lockers for illegal drugs, including searches
conducted through the use of specially trained dogs.
(Source: P.A. 86-850.)
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(105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)
Sec. 10-22.11. Lease of school property.
(a) To lease school
property to another school district, municipality or body politic and
corporate for a term of not to exceed 25 years, except as otherwise
provided in this Section, and upon such terms and conditions as may be
agreed if in the opinion of the school board use of such property will
not be needed by the district during the term of such lease; provided,
the school board shall not make or renew any lease for a term longer
than 10 years, nor alter the terms of any lease whose unexpired term may
exceed 10 years without the vote of 2/3 of the full membership of the board.
(b) Whenever the school board considers such action advisable and in
the best interests of the school district, to lease vacant school
property for a period not exceeding 51 years to a private not for profit
school organization for use in the care of persons with a mental disability who are trainable and educable in the district or in the
education of the
gifted children in the district. Before leasing such property to a
private not for profit school organization, the school board must adopt
a resolution for the leasing of such property, fixing the period and
price therefor, and order submitted to referendum at an election to be held
in the district as provided in the general election law, the question of
whether the lease should be entered into. Thereupon, the secretary
shall certify to the proper election authorities the proposition for
submission in accordance with the general election law. If the majority
of the voters voting upon the proposition vote in favor of the leasing,
the school board may proceed with the leasing. The proposition shall be
in substantially the following form:
Shall School District No. ..... of..... County, Illinois lease to YES..... (here name and identify thelessee) the following described vacant school property (here describe theproperty) for a term of ..... years NOfor the sum of ..... Dollars?
This paragraph (b) shall not be construed in such a manner as to
relieve the responsibility of the Board of Education as set out in
Article 14 of the School Code.
(c) To lease school buildings and land to suitable lessees for educational
purposes or for any other purpose which serves the interests of the
community, for a term not to exceed 25 years and upon such terms and
conditions as may be agreed upon by the parties, when such buildings and land are
declared by the board to be unnecessary or unsuitable or
inconvenient for a school or the uses of the district during the term of
the lease and when, in the opinion of the board, the best interests of
the residents of the school district will be enhanced by entering into
such a lease. Such leases shall include provisions for adequate
insurance for both liability and property damage or loss, and
reasonable charges for maintenance and depreciation of such buildings and
land.
(d) Notwithstanding any other provision to the contrary, a lease for vacant school property may exceed 25 years for renewable energy resources, as defined in Section 1-10 of the Illinois Power Agency Act. (Source: P.A. 102-662, eff. 9-15-21.)
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(105 ILCS 5/10-22.12) (from Ch. 122, par. 10-22.12)
Sec. 10-22.12.
Lease of property for school purposes.
To
lease, for a period not exceeding 99 years, any building, rooms,
grounds and appurtenances to be used by the district for the use
of schools or for school administration purposes; and to pay for
the use of such leased property in accordance with the terms of
the lease. The board shall not make or renew any lease for a
term longer than 10 years, nor alter the terms of any lease
whose unexpired term may exceed 10 years without the vote of
2/3 of the full membership of the board.
(Source: P.A. 80-1044.)
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(105 ILCS 5/10-22.13) (from Ch. 122, par. 10-22.13)
Sec. 10-22.13. Necessity, suitability, or convenience of site or building. To decide when a site or building has become unnecessary, unsuitable, or
inconvenient for a school. Unless a school building is unsafe, unsanitary, or unfit for occupancy and notice has been served under Section 3-14.22 of this Code or notice is provided by a licensed entity able to determine the safety of a school building, the school board must hold at least 3 public hearings, the sole purpose of which shall be to discuss the decision to close a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering closing must be provided at least 10 days prior to the hearing by publication on the school board's Internet website.
(Source: P.A. 102-204, eff. 7-30-21.)
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(105 ILCS 5/10-22.13a)
Sec. 10-22.13a. Zoning changes, variations, and special uses for school
district property; zoning compliance. To seek zoning changes, variations, or special uses for
property held or controlled by the school district.
A school district is subject to and its school board must comply with any valid local government zoning ordinance or resolution that applies where the pertinent part of the building, structure, or site owned by the school district is located. The changes to this Section made by this amendatory Act of the 99th General Assembly are declarative of existing law and do not change the substantive operation of this Section. (Source: P.A. 99-890, eff. 8-25-16.)
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(105 ILCS 5/10-22.14) (from Ch. 122, par. 10-22.14)
Sec. 10-22.14.
Borrowing money and issuing bonds.
To borrow money, and issue
bonds for the purposes and in the manner provided by this Act.
When bond proceeds from the sale of bonds include a premium, or when
the proceeds of bonds issued for fire prevention, safety, energy conservation,
and school security purposes as specified in Section 17-2.11 are invested as
authorized by law, the board shall determine by resolution whether the interest
earned on the investment of bond proceeds authorized under Section 17-2.11 or
the premium realized in the sale of bonds, as the case may be, is to be used
for the purposes for which the bonds were issued or, instead, for payment of
the principal indebtedness and interest on those bonds.
When bonds, other than bonds issued for fire prevention, safety, energy
conservation, and school security purposes as specified in Section 17-2.11
are issued by any school district, and the purposes for which the bonds have
been issued are accomplished and paid for in full, and there remain funds on
hand from the proceeds of the bonds so issued, the board by resolution may
transfer those excess funds to the operations and maintenance fund.
When bonds are issued by any school district for fire prevention,
safety, energy conservation, and school security purposes as specified in
Section 17-2.11, and the purposes for which the bonds have been
issued are accomplished and paid in full, and there remain funds on hand
from the proceeds of the bonds issued, the board by resolution shall use
those excess funds (1) for other authorized fire prevention, safety, energy
conservation, and school security purposes as specified in Section 17-2.11
or (2) for transfer to the Bond and Interest Fund for payment of principal
and interest on those bonds. If any transfer is made to the Bond and
Interest Fund, the secretary of the school board shall within 30 days
notify the county clerk of the amount of that transfer and direct the clerk
to abate the taxes to be extended for the purposes of principal and
interest payments on the respective bonds issued under Section 17-2.11
by an amount equal to such transfer.
(Source: P.A. 86-970; 87-984.)
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(105 ILCS 5/10-22.15) (from Ch. 122, par. 10-22.15)
Sec. 10-22.15.
Flag and flag staff.
To furnish each school with a flag and a staff as provided by law.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-22.16)
Sec. 10-22.16. (Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-22.17)
Sec. 10-22.17. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
Sec. 10-22.18. Kindergartens. (a) To establish kindergartens for the
instruction of children between the
ages of 4 and 6 years and to pay the necessary expenses thereof out of the school funds of
the district. Until the 2027-2028 school year, upon petition of at
least 50 parents or guardians of children
between the ages of 4 and 6, residing within any school district and within
one mile of the public school where such kindergarten is proposed to be
established, the board of directors shall, if funds are available,
establish a kindergarten in connection with the public school designated in
the petition and maintain it as long as the annual average daily attendance
therein is not less than 15. Until the 2027-2028 school year, the board may establish a kindergarten with
half-day attendance or with full-day attendance; however, if the board establishes
full-day kindergarten, it shall also establish half-day kindergarten. Beginning with the 2027-2028 school year, each school board must establish a kindergarten with full-day attendance and may establish a kindergarten with half-day attendance. Full-day and half-day kindergarten should be developmentally appropriate and provide opportunities for play-based learning.
No one shall be employed to teach in a kindergarten who does not hold a license
as provided by law.
(b) An elementary or unit school district that does not offer full-day kindergarten as of October 1, 2022, may, by action of the State Board of Education, apply for an extension of the 2027-2028 school year implementation deadline for 2 additional years if one of the following criteria are met: (1) the school district is funded below 76% of | ||
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(2) the school district is ranked in the top 25% of | ||
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(3) the school district meets a criterion set by the | ||
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(Source: P.A. 102-894, eff. 5-20-22; 103-410, eff. 8-2-23.)
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(105 ILCS 5/10-22.18a) (from Ch. 122, par. 10-22.18a)
Sec. 10-22.18a.
Child care and training centers - Charges - Public aid
payments for certain children).
To establish Child Care and Training Centers for children under the age
of compulsory school attendance for the purpose of providing them (1) social
and educational guidance and developmental aids supplemental to parental
care and training designed to assist them in attaining their greatest potential
during their school years and adult life and (2) care and services, in addition
to the services specified in (1), required because of the absence from home
for all or part of the day of their parents or other persons in charge of
their care as a result of employment or other reason. The board may also
make the facilities of the Centers available before and after as well as
during regular school hours to school age and preschool age children who
may benefit thereby, including children who require care and supervision
pending the return of their parents or other persons in
charge of their care from employment or other activity requiring absence from
the home.
In establishing standards for the Centers, the board shall take into account
standards established by the Department of Children and Family Services
for like facilities. The board shall pay the necessary expenses out of school
funds of the district, subject to State payment for certain children as
hereinafter provided, and may charge for care and training of children for
whom the State does not assume responsibility. The charge shall not exceed
the per capita cost of the Center and, to the extent feasible, shall be
fixed at a level which will permit utilization of the Center by employed
parents of low or moderate income.
The Department of Human Services shall pay
to the district the cost
of care and training provided in the Centers for any child who is a recipient
of financial aid under "The Illinois Public Aid Code", approved April 11,
1967, as amended. The Department shall submit to the board written
notice designating each child for whom it assumes the cost of care and
training.
The board shall submit claims for payment at the end of each monthly period.
If satisfied of their correctness, the Department shall approve the claims
and provide for their payment out of funds appropriated to it for such purposes
and from Federal funds available therefor.
The board may permit any other State or local governmental agency or private
agency providing care for children to purchase care and training in the
Centers for children under their charge.
After July 1, 1970 when the provisions of Section 10-20.20 become operative
in the district, children in a Child Care and Training Center shall be
transferred
to the kindergarten established under that Section for such portion of the
day as may be required for the kindergarten program, and only the pro-rated
costs of care and training provided in the Center for the remaining period
shall be charged to the Illinois Department or other persons or agencies
paying for such care.
(Source: P.A. 89-507, eff. 7-1-97.)
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(105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)
Sec. 10-22.18b.
Before and after school programs.
To develop and maintain
before school and after school programs for students in kindergarten through
the 6th grade. Such programs may include time for homework, physical exercise,
afternoon nutritional snacks and educational offerings which are
in addition to those offered during the regular school day. The chief administrator
in each district shall be a certified teacher or a person who meets the
requirements for supervising a day care center under the Child Care Act
of 1969. Individual programs shall be coordinated by certified teachers
or by persons who meet the requirements for supervising a day care center
under the Child Care Act of 1969. Additional employees who are not so qualified
may also be employed for such programs.
The schedule of these programs may follow the work calendar of the local
community rather than the regular school calendar. Parents or guardians
of the participating
students shall be responsible for providing transportation for the students
to and from the programs. The school board may charge parents of participating
students a fee, not to exceed the actual cost of such before and after school
programs.
(Source: P.A. 83-639.)
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(105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)
Sec. 10-22.18c.
Model day care services program.
Local school districts
may establish, in cooperation with the State Board of Education, a model
program for the provision of day care services in a school. The program
shall be administered by the local school district and shall be funded
from monies available from private and public sources. Student parents
shall not be charged a fee for the day care services; school personnel also
may utilize the services, but shall be charged a fee. The program shall be
supervised by a trained child care professional who is qualified to teach
students parenting skills. As part of the program, the school shall offer
a course in child behavior in which students shall receive course credits
for helping to care for the children in the program while learning
parenting skills. The State Board of Education shall evaluate the programs'
effectiveness in reducing school absenteeism and dropouts among teenage
parents and shall report to the General Assembly concerning its findings
after the program has been in operation for 2 years.
(Source: P.A. 85-769.)
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(105 ILCS 5/10-22.18d) (from Ch. 122, par. 10-22.18d)
Sec. 10-22.18d.
Parental institutes.
A school district may utilize up
to two days allowed by law for teachers' institutes to conduct parental
institutes for the parents and guardians of children attending the
district. No district may utilize teachers' institute days as parental
institute days without the consent of the district's inservice advisory
committee created under Section 3-11. If a district does not have an
inservice advisory committee, parental institute days must be approved by
the district's teaching staff.
Parental institutes shall be designed by the school district upon
consultation with the district's teaching staff, administrators, and
parents' organizations. The district may provide appropriate personnel,
including district staff, to conduct, attend, or participate in all or any
portion of the institutes.
Parental institutes shall provide information on such topics as the
district shall deem necessary to achieve the following purposes:
(1) Enhance parental involvement in the education of | ||
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(2) Improve parental communication and involvement | ||
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(3) Enhance parental knowledge of child development, | ||
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(4) Improve parental skill development.
Districts shall use every means available to inform parents and
guardians about parental institutes and to encourage attendance at and
active participation in such events.
Parental institutes may be held during that period of the day which is
not part of the regular school day and may be held on Saturdays. Days
scheduled for parental institutes may be scheduled separately for different
grade levels and different attendance centers of the district.
Districts may establish reasonable fees, not to exceed the cost of
holding parental institutes, for attendance and shall waive any fees so
established for any parents or guardians who may be unable to afford such
fees. Nothing shall preclude districts from applying for or accepting
private funds to conduct parental institutes.
(Source: P.A. 86-1250.)
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(105 ILCS 5/10-22.18e) Sec. 10-22.18e. Full-Day Kindergarten Task Force. (a) The Full-Day Kindergarten Task Force is created for the purpose of conducting a statewide audit to inform the planning and implementation of full-day kindergarten in the State and shall, at a minimum, collect, analyze, and report the following: (1) the number of elementary and unit school | ||
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(2) the number of students currently enrolled in | ||
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(3) for all elementary and unit school districts, an | ||
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(4) for all elementary and unit school districts that | ||
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(5) for all elementary and unit school districts that | ||
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(6) recommendations on how available capital funds | ||
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(7) other data or recommendations that would support | ||
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(b) Based on the findings reported under subsection (a) of this Section, the Task Force may recommend that the State Board of Education consider an additional criterion when granting a waiver under subsection (b) of Section 10-22.18 of this Code. The State Board of Education shall make a final determination regarding this additional factor and provide public notice of that determination by no later than July 1, 2025. (c) Members of the Full-Day Kindergarten Task Force shall be appointed by no later than October 1, 2023 and shall possess the expertise needed to complete the report and recommendations. Members appointed to the Task Force must reflect the racial, ethnic, and geographic diversity of this State. Task Force members shall include all of the following: (1) The State Superintendent of Education or the | ||
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(2) Three members appointed by the State Board of | ||
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(3) One member who represents the Capital Development | ||
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(4) One member from an organization with expertise in | ||
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(5) One member from an organization with expertise in | ||
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(6) One member of a statewide professional teachers' | ||
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(7) One member of another statewide professional | ||
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(8) One member who represents a statewide | ||
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(9) One member who represents a statewide | ||
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(10) One member who represents a statewide | ||
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(11) Three members who are parents of students, one | ||
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(12) One member who represents a statewide | ||
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(13) One member who represents an elementary or unit | ||
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(14) One member who represents a school district | ||
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(15) One member who represents a rural elementary or | ||
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(d) The Full-Day Kindergarten Task Force shall meet at the call of the State Superintendent of Education or the Superintendent's designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation. (e) The Full-Day Kindergarten Task Force shall issue an interim report by June 30, 2024 and a final report to the General Assembly and Governor's Office no later than January 31, 2025. (f) Upon issuing its final report, the Full-Day Kindergarten Task Force is dissolved.
(Source: P.A. 103-410, eff. 8-2-23.) |
(105 ILCS 5/10-22.19) (from Ch. 122, par. 10-22.19)
Sec. 10-22.19.
Sidewalks, bridges, culverts and other approaches.
To appropriate school funds for the construction of such sidewalks,
bridges, culverts and other approaches leading to the schoolhouse or school
grounds as are necessary for the convenience and safety of pupils attending
such school, but such approaches shall not exceed one-half mile in length.
(Source: Laws 1961, p. 3420.)
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(105 ILCS 5/10-22.19a)
Sec. 10-22.19a. (Repealed).
(Source: P.A. 91-830, eff. 7-1-00. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose schooling has
been interrupted; conditions for State reimbursement; use of child
care facilities. (a) To establish special classes for the instruction (1)
of persons of age 21 years or over and (2) of persons less than age 21
and not otherwise in attendance in public school, for the purpose of
providing adults in the community and youths whose schooling has been
interrupted with such additional basic education, vocational skill
training, and other instruction as may be necessary to increase their
qualifications for employment or other means of self-support and their
ability to meet their responsibilities as citizens, including courses of
instruction regularly accepted for graduation from elementary or high
schools and for Americanization and high school equivalency testing review classes.
The board shall pay the necessary expenses of such classes out of
school funds of the district, including costs of student transportation
and such facilities or provision for child-care as may be necessary in
the judgment of the board to permit maximum utilization of the courses
by students with children, and other special needs of the students
directly related to such instruction. The expenses thus incurred shall
be subject to State reimbursement, as provided in Section 2-12.5 of the Public Community College Act. The
board may make a tuition charge for persons taking instruction who are
not subject to State reimbursement, such tuition charge not to exceed
the per capita cost of such classes.
The cost of such instruction, including the additional expenses herein
authorized, shall be assumed in its entirety
from funds appropriated by the State to the Illinois Community College
Board as provided in Section 2-12.5 of the Public Community College Act.
(b) The
Illinois Community College Board shall establish
the standards for the
courses of instruction reimbursed
under this Section. The Illinois Community College Board shall supervise the
administration of the programs. The Illinois Community College Board shall
determine the cost
of instruction in accordance with standards established by the Illinois
Community College Board, including therein
other incidental costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of the Public Community College Act. In the
approval of programs and the determination of the cost of instruction, the
Illinois Community College Board shall provide
for the maximum utilization of federal
funds for such programs.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) In addition to claiming reimbursement under this Section, a school
district may claim evidence-based funding under Section 18-8.15 for any student
under age 21 who is enrolled in courses accepted for graduation from elementary
or high school and who otherwise meets the requirements of Section 18-8.15.
(Source: P.A. 100-465, eff. 8-31-17; 101-289, eff. 8-9-19.)
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(105 ILCS 5/10-22.20a) (from Ch. 122, par. 10-22.20a)
Sec. 10-22.20a.
Advanced vocational training program, and career
education. To enter into joint agreements with community college
districts and other school districts for the purpose of providing
career education or advanced vocational training of students in the 11th
and higher grades who desire preparation for a trade. Transportation
for students to any facility covered by a joint agreement as described
in this Section shall be provided by the participating school district,
or by the participating school district in conjunction with other school
districts. Joint agreements entered into under this Section may
include provisions for joint authority to acquire and improve sites,
construct and equip facilities thereon and lease and equip facilities
deemed necessary by the parties to the joint agreement, to maintain
programs and to provide for financing of the foregoing jointly by the
respective parties, all in accordance with the terms of the joint
agreement.
Nothing herein contained shall be construed to restrict or prohibit
the rights of community college districts or school districts to enter
into joint agreements under the provisions of the Intergovernmental
Cooperation Act, as now or hereinafter amended.
The duration of the career education or advanced vocational training
program shall be such period as the school district may approve but it
may not exceed 2 years for any school district pupil. Participation in
the program is accorded the same credit toward a high school diploma as
time spent in other courses.
The participating community college shall bill each participating
student's school district for an amount equal to the per capita cost of
operating the community college attended or a charge for participation
may be made in accordance with the joint agreement between the community
college district and the student's school district. Such agreement
shall not provide for payments in excess of the actual cost of operating
the course or courses in which the student is enrolled. Participating
high schools may use State aid monies to pay the charges.
The community college instructors teaching in such programs need not
be certified by the State Teacher Certification Board.
(Source: P.A. 79-76.)
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(105 ILCS 5/10-22.20b) (from Ch. 122, par. 10-22.20b)
Sec. 10-22.20b.
To appoint a person, who meets the standards of
qualification and certification established by the Illinois Community College
Board, as director of adult education to be responsible for the development
and general supervision of the adult education program described in Section
10-22.20 and the Adult Education Act.
(Source: P.A. 91-830, eff. 7-1-01.)
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(105 ILCS 5/10-22.20c) (from Ch. 122, par. 10-22.20c)
Sec. 10-22.20c.
Tutorial programs.
To establish and implement peer
assistance, tutorial programs whereby qualified, able students assist less
able students with their studies and course work, and to provide
appropriate recognition for students furnishing such tutorial services. In
addition, a school board is authorized to cooperate with
institutions of higher education and may accept tutorial services provided
by qualified students of such institutions under the Educational
Partnership Act, as now or hereafter amended.
(Source: P.A. 84-712.)
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(105 ILCS 5/10-22.21) (from Ch. 122, par. 10-22.21)
Sec. 10-22.21.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-22.21a) (from Ch. 122, par. 10-22.21a)
Sec. 10-22.21a.
(Repealed).
(Source: Laws 1967, p. 2186. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
Sec. 10-22.21b. Administering medication. (a) In this Section, "asthma action plan" has the meaning given to that term under Section 22-30. (b) To provide for the
administration of medication to students. It shall be the policy of the
State of Illinois that the administration of medication to students during
regular school hours and during school-related activities should be
discouraged unless absolutely necessary for the critical health and
well-being of the student. Under no circumstances shall
teachers or other non-administrative school employees, except certified
school nurses and non-certificated registered professional nurses, be
required
to administer medication to students. This
Section shall not prohibit a school district from adopting guidelines for
self-administration of medication by students that are consistent with this Section and this Code. This Section shall not
prohibit any school employee from providing emergency assistance to students.
(c) Notwithstanding any other provision of law, a school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an allergy emergency action plan, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. A parent or guardian must also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Information received by a school district under this subsection shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (d) Each school district must adopt an emergency action plan for a student who self-administers medication under subsection (c). The plan must include both of the following: (1) A plan of action in the event a student is unable | ||
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(2) The situations in which a school must call 9-1-1. (e) A school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student under subsection (c). The student's parent or guardian must sign a statement to this effect, which must acknowledge that the parent or guardian must indemnify and hold harmless the school district and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by a student. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)
Sec. 10-22.22. Transportation for pupils-Tuition.
To provide free transportation for pupils, and where in its judgment the
interests of the district and of the pupils therein will be best subserved
by so doing the school board may permit the pupils in the district or in
any particular grade to attend the schools of other districts and may
permit any pupil to attend an area secondary vocational school operated by
a public school district or a public or non-public vocational school within
the State of Illinois or adjacent states approved by the Board of
Vocational Education, and may provide free transportation for such pupils
and shall pay the tuition of such pupils in the schools attended; such
tuition shall be based upon per capita cost computed in the following
manner: The cost of conducting and maintaining any area secondary
vocational school facility shall be first determined and shall include the
following expenses applicable only to such educational facility under rules
and regulations established by the Board of Vocational Education and
Rehabilitation as follows:
a. Salaries of teachers, vocational counselors, and | ||
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b. Equipment and supplies necessary for program | ||
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c. Administrative costs.
d. Operation of physical plant, including heat, | ||
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e. Auxiliary service, not including any | ||
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From such total cost thus determined there shall be deducted the State
reimbursement due on account of such educational facility for the same
year, not including any State reimbursement for area secondary vocational
school transportation. Such net cost shall be divided by the average number
of pupils in average daily attendance in such area secondary vocational
school facility for the school year in order to arrive at the net per
capita tuition cost. Such costs shall be computed on pupils regularly
enrolled in an area secondary vocational school on the basis of one-sixth
day for every class hour attended pursuant to such enrollment. Provided,
that the board subject to the approval of the county superintendent of
schools may determine what schools outside of their district such pupils
shall attend. This section does not require the board of directors or board
of education of any district to admit pupils from another district.
(Source: P.A. 94-213, eff. 7-14-05.)
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(105 ILCS 5/10-22.22a)
Sec. 10-22.22a. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
Sec. 10-22.22b. (a) The provisions of this subsection shall not apply
to the deactivation of a high school facility under subsection (c). Where in
its judgment the interests of the district and of the students therein will be
best served, to deactivate any high school facility or elementary school facility in the district and send
the students of such high school in grades 9 through 12 or such elementary school in grades kindergarten through 8, as applicable, to schools in other
districts. Such action may be taken only with the approval of the voters in
the district and the approval, by proper resolution, of the school board of the
receiving district. The board of the district contemplating deactivation
shall, by proper resolution, cause the proposition
to deactivate the school facility to be submitted to the
voters of the district at a regularly scheduled election. Notice shall be
published at least 10 days prior to the date of the election at least once
in one or more newspapers published in the district or, if no newspaper
is published in the district, in one or more newspapers with a general
circulation within the district. The notice shall be substantially in the
following form:
NOTICE OF REFERENDUM TO
DEACTIVATE THE ... SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ........
Notice is hereby given that on (insert date), a referendum will be held in
........ County (Counties) for the purpose
of voting for or against the proposition to deactivate the ...... School
facility in School District No. ...... and to send pupils in ...... School
to School District(s) No. .......
The polls will be open at .... o'clock ... m., and close at .... o'clock
... m. of the same day.
............Dated (insert date).
The proposition shall be in substantially the following form:
Shall the Boardof Education of SchoolDistrict No. ...., YES..... County, Illinois, beauthorized to deactivate the .... School facilityand to send pupils in ....... NO School to SchoolDistrict(s) No. .....?
If the majority of those voting upon the proposition in the district
contemplating deactivation vote in favor of the proposition, the board of
that district, upon approval of the board of the receiving district, shall
execute a contract with the receiving district providing for the reassignment
of students to the receiving district. If the deactivating district seeks to
send its students to more than one district, it shall execute a contract with
each receiving district. The length of the contract shall be for 2 school
years, but the districts may renew the contract for additional one year or 2
year periods. Contract renewals shall be executed by January 1 of the year in
which the existing contract expires. If the majority of those voting upon the
proposition do not vote in favor of the proposition, the school facility may
not be deactivated.
The sending district shall pay to the receiving district an amount agreed
upon by the 2 districts.
When the deactivation of school facilities becomes effective
pursuant to this Section, the provisions of subsection (h) of Section 24-11 of this Code relative to the
contractual continued service status of teachers having contractual
continued service whose positions are transferred from one board to the
control of a different board shall apply, and the positions at the
school facilities being deactivated held by teachers, as that term is
defined in subsection (a) of Section 24-11 of this Code, having contractual continued service with the
school district at the time of the deactivation shall be transferred to the
control of the board or boards who shall be receiving the district's students on the following basis:
(1) positions of such teachers in contractual | ||
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(2) positions of such teachers in contractual | ||
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The contractual continued service status of any teacher thereby
transferred to another district is not lost and the receiving board is
subject to the School Code with respect to such transferred teacher in the
same manner as if such teacher was the district's employee during the time
such teacher was actually employed by the board of the deactivating
district from which the position was transferred.
When the deactivation of school facilities becomes effective pursuant to this Section, the provisions of subsection (b) of Section 10-23.5 of this Code relative to the transfer of educational support personnel employees shall apply, and the positions at the school facilities being deactivated that are held by educational support personnel employees at the time of the deactivation shall be transferred to the control of the board or boards that will be receiving the district's students on the following basis: (A) positions of such educational support personnel | ||
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(B) positions of such educational support personnel | ||
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The length of continuing service of any educational support personnel employee thereby transferred to another district is not lost and the receiving board is subject to this Code with respect to that transferred educational support personnel employee in the same manner as if the educational support personnel employee was the district's employee during the time the educational support personnel employee was actually employed by the board of the deactivating district from which the position was transferred.
(b) The provisions of this subsection shall not apply to the
reactivation of a high school facility which is deactivated under
subsection (c). The sending district may, with the approval
of the voters in the district, reactivate the
school facility which was
deactivated. The board of the district seeking to reactivate the school
facility shall, by proper resolution, cause the proposition to reactivate to be
submitted to the voters of the district at a regularly scheduled election.
Notice shall be published at least 10 days prior to the date of the election at
least once in one or more newspapers published in the district or, if no
newspaper is published in the district, in one or more newspapers with a
general circulation within the district. The notice shall be substantially in
the following form:
NOTICE OF REFERENDUM TO
REACTIVATE THE ...... SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ......
Notice is hereby given that on (insert date), a referendum will be held in ...... County (Counties) for the purpose
of voting for or against the proposition to reactivate the ..... School
facility in School District No. ..... and to discontinue sending pupils of
School District No. ...... to School District(s) No. .....
The polls will be opened at ... o'clock .. m., and closed at ... o'clock ..
m. of the same day.
............Dated (insert date).
The proposition shall be in substantially the following form:
Shall the Boardof Education of School YESDistrict No. ......,...... County, Illinois,be authorized to reactivate the .... Schoolfacility and to discontinue sendingpupils of School District No. .... NOto School District(s) No. ......?
(c) The school board of any unit school district which experienced a
strike by a majority of its certified employees that endured for over 6
months during the regular school term of the 1986-1987 school year, and
which during the ensuing 1987-1988 school year had an enrollment in grades 9
through 12 of less than 125 students may, when in its judgment the
interests of the district and of the students therein will be best served
thereby, deactivate the high school facilities within the district for the
regular term of the 1988-1989 school year and, for that school year only,
send the students of such high school in grades 9 through 12 to schools in
adjoining or adjacent districts. Such action may only be taken: (a) by
proper resolution of the school board deactivating its high school
facilities and the approval, by proper resolution, of the school board of
the receiving district or districts, and (b) pursuant to a contract between
the sending and each receiving district, which contract or contracts: (i)
shall provide for the reassignment of all students of the deactivated high
school in grades 9 through 12 to the receiving district or districts; (ii)
shall apply only to the regular school term of the 1988-1989 school year;
(iii) shall not be subject to renewal or extension; and (iv) shall require
the sending district to pay to the receiving district the cost of educating
each student who is reassigned to the receiving district, such costs to be
an amount agreed upon by the sending and receiving district but not less
than the per capita cost of maintaining the high school in the receiving
district during the 1987-1988 school year. Any high school facility
deactivated pursuant to this subsection for the regular school term of the
1988-1989 school year shall be reactivated by operation of law as of the
end of the regular term of the 1988-1989 school year. The status as a unit
school district of a district which deactivates its high school facilities
pursuant to this subsection shall not be affected by reason of such
deactivation of its high school facilities and such district shall continue
to be deemed in law a school district maintaining grades kindergarten
through 12 for all purposes relating to the levy, extension, collection and
payment of the taxes of the district under Article 17 for the 1988-1989
school year.
(d) Whenever a school facility is reactivated pursuant
to the provisions of this Section, then all teachers in contractual
continued service who were honorably dismissed or transferred as part of
the deactivation process, in addition to other rights they may have under
the School Code, shall be recalled or transferred back to the original
district.
(Source: P.A. 99-657, eff. 7-28-16.)
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(105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
Sec. 10-22.22c.
(a) Subject to the following provisions of this
Section two or more contiguous school districts each of which
has an enrollment in grades 9 through 12 of less than 600 students may,
when in their judgment the interest of the districts and of the students
therein will be best served, jointly operate one or more cooperative high
schools. Such action shall be taken for a minimum period of 20 school years,
and may be taken only with the approval of the voters of each district. A
district with 600 or more students enrolled in grades 9 through 12
may qualify for inclusion with one or more districts having less than 600
such students by receiving a size waiver from the State Board of Education
based on a finding that such inclusion would significantly increase the
educational opportunities of the district's students, and by meeting the
other prerequisites of this Section. The board of each district contemplating
such joint operation shall, by proper resolution, cause the proposition to
enter into such joint operation to be submitted to the voters of the
district at a regularly scheduled election. Notice shall be published at
least 10 days prior to the date of the election at least once in one or
more newspapers published in the district or, if no newspaper is published
in the district, in one or more newspapers with a general circulation
within the district. The notice shall be substantially in the following form:
NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
NO. ....... AND SCHOOL DISTRICT NO. .......
TO JOINTLY OPERATE (A) COOPERATIVE HIGH
SCHOOL (SCHOOLS)
Notice is hereby given that on (insert date), a referendum will be held in ....... County (Counties) for
the purpose of voting for or against the proposition for School District No.
....... and School District No. ....... to jointly operate (a) cooperative high
school (schools).
The polls will be open at ....... o'clock ... m., and close at
....... o'clock ... m., of the same day.
A ........ B ........
Dated (insert date).Regional Superintendent of Schools
The proposition shall be in substantially the following form:
Shall the Board of Education ofSchool District No. ...., ..... YESCounty (Counties), Illinois beauthorized to enter withinto an agreement with School District No. ...., .... County(Counties), Illinois to jointlyoperate (a) cooperative high NOschool (schools)?
If the majority of those voting on the proposition in each district vote
in favor of the proposition, the school boards of the participating
districts may, if they agree on terms, execute a contract for such joint
operation subject to the following provisions of this Section.
(b) The agreement for joint operation of any such cooperative high school shall include, but not be limited to, provisions for administration, staff, programs,
financing,
facilities, and
transportation. Such agreements
may
be modified, extended, or terminated by approval of each of the participating
districts,
provided that a district may withdraw from the agreement during its initial
20-year term only if the district is reorganizing with one or more districts
under other provisions of this Code. Even if 2 or more of the participating
district boards approve an
extension of the agreement, any other participating district shall, upon
failure of its board to approve such extension, disengage from such
participation at the end of the then current agreement term.
(c) A governing board, which shall govern the operation
of any such
cooperative high school, shall be composed of an equal
number of board members from each of the participating districts,
except that where all participating district boards concur, membership
on the governing board may be apportioned to reflect the
number of students
in each respective district who attend the cooperative high school. The
membership of the governing board shall be not
less than 6 nor more than 10 and shall be set by the agreement entered into
by
the participating districts.
The school board of each participating district
shall select, from its membership, its representatives on the governing board.
The governing board shall prepare
and adopt a budget for the cooperative high school. The
governing board
shall
administer the cooperative high school in
accordance with the agreement of the districts and shall have the power to
hire, supervise, and terminate staff; to enter into contracts; to adopt
policies for the school; and to take all other actions necessary and proper
for the operation of the school. However, the governing board may not levy
taxes or incur any indebtedness except within the annual budget approved by the
participating districts.
(d) (Blank).
(e) Each participating district shall pay its per capita cost of
educating the students residing in its district and attending any such
cooperative high school into the budget for the
maintenance
and operation of the cooperative high school.
The manner of determining per capita cost shall be
set forth in the agreement. Each district shall pay the amount owed the
governing board under the terms of the agreement from the fund that the
district would have used if the district had incurred the costs directly and
may levy taxes and issue bonds as otherwise authorized for these purposes in
order to make payments to the governing board.
(f) Additional school districts having an enrollment in grades 9 through
12 of less than 600 students
may be added to the agreement in accordance with the process described
in subsection (a) of this Section. In the event additional districts are
added, a new contract shall be executed in accordance with the provisions
of this Section.
(g) Upon formation of the cooperative high school, the school board of
each
participating district shall:
(1) confer and coordinate with each other and the | ||
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(2) in consultation with any exclusive employee | ||
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(3) transfer to the governing board of the | ||
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(A) by categories listed on the seniority list | ||
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(B) in each category, by having teachers in | ||
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(C) in order from greatest seniority first | ||
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A teacher who is not in contractual
continued service shall not be transferred if there is a teacher in contractual
continued service in the same category who is qualified to hold the
position
that is to be filled.
If there are more teachers who have
entered upon contractual continued service
than there are available positions at the
cooperative high school or within other assignments in the
district, a school board shall first remove or dismiss all teachers who
have not entered upon contractual continued service before
removing or dismissing any teacher who has entered upon
contractual continued service and who is legally qualified (i) to
hold a position at the cooperative high school planned to be
held by a teacher who has not entered upon contractual continued
service or (ii) to hold another position in the participating
district. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service in any of the participating
districts shall be dismissed first. Any teacher
dismissed as a result of such a decrease shall be paid all
earned compensation on or before the third business day
following the last day of pupil attendance in the regular school
term. If the school board that has dismissed a teacher or the
governing 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 shall be
tendered to the teachers so removed or dismissed so far as they
are legally qualified to hold such positions. However,
if the number of honorable dismissal notices in all
participating districts exceeds 15% of full-time equivalent
positions filled by certified employees (excluding principals
and administrative personnel) during the preceding school year
in all participating districts and if the school board that has
dismissed a teacher or the governing board has any vacancies for
the following school term or within 2 calendar years from the
beginning of the following school term, the positions so
becoming available shall be tendered to the teachers who were so notified,
removed,
or dismissed whenever these teachers are legally qualified to hold such
positions.
The provisions of subsection (h) of Section 24-11 of this Code concerning teachers
whose positions are transferred from one board to
the control of a different board shall apply to the teachers who are
transferred. The contractual continued service of any transferred teacher is
not lost and the governing board is subject to this Code with respect to the
teacher in the same manner as if the teacher had been the governing board's
employee during the time the teacher was actually employed by the board of the
district from which the position and the teacher's employment were transferred.
The time spent in
employment
with a participating district by any teacher who has not yet entered upon
contractual
continued service and who is transferred to the governing board is not lost
when
computing the time necessary
for the teacher to enter upon contractual continued service, and the
governing board is
subject to this Code with respect to the teacher in the same manner as if
the teacher
had been the governing board's employee during the time the teacher was
actually employed
by the school board from which the position and the teacher's employment were
transferred.
If the cooperative high school is dissolved, any teacher who was transferred
from a participating district shall be transferred back to the district and subsection (h) of Section 24-11
of this Code shall apply. In that
case, a district is subject to this Code in the same manner as if the teacher
transferred
back had been continuously in the service of the receiving district.
(h) Upon formation of the cooperative high school, the school board of
each
participating
district shall:
(1) confer and coordinate with each other and the | ||
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(2) in consultation with any exclusive employee | ||
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(3) transfer to the governing board of the | ||
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If there are more full-time
educational support personnel employees than there are available
positions at the cooperative high school or
in the participating district, a school board shall first
remove or dismiss those educational support personnel employees
with the shorter length of continuing service in any of the
participating districts, within the respective category of
position. The governing board is subject to this Code with respect to the
educational support personnel employee as if the educational support personnel
employee had been the governing 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.
Any educational support personnel employee dismissed as a result of such a
decrease shall be paid all earned compensation on or before the third business
day following his or her last day of employment. If the school board that has
dismissed the educational support personnel employee or the governing 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 of position so far as they
are legally qualified to hold such positions. If the cooperative high school is
dissolved, any educational support personnel employee who was transferred from
a participating district shall be transferred back to the district and Section
10-23.5 of this Code shall apply. In that case, a district is subject to this
Code in the same manner as if the educational support personnel employee
transferred back had been continuously in the service of the receiving
district.
(i) Two or more school districts not contiguous to each other, each of which has an enrollment in grades 9 through 12 of less than 600 students, may jointly operate one or more cooperative high schools if the following requirements are met and documented within 2 calendar years prior to the proposition filing date, pursuant to subsection (a) of this Section: (1) the distance between each district administrative | ||
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(2) every district contiguous to the district wishing | ||
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(3) documentation of meeting these requirements is | ||
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(4) all other provisions of this Section are | ||
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(Source: P.A. 98-125, eff. 8-2-13; 99-657, eff. 7-28-16.)
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(105 ILCS 5/10-22.22d) Sec. 10-22.22d. Pilot cooperative elementary school and pilot cooperative high school. (a) Subject to the provisions of this Section, 2 contiguous school districts that are
(i) located all or in part in Vermilion County;
(ii) have an enrollment in grades 6-8 of less than 150 during the 2008-2009 school year and in grades 9-12 of less than 400 during the 2008-2009 school year; and
(iii) have a Junior High School serving grades 6, 7, and 8 in one of the districts
may, when in their judgment the interest of the districts and of the students will be best served, jointly pilot a cooperative elementary school or cooperative high school, or both. The board of each district contemplating a joint operation shall, by proper resolution, cause the proposition to enter into such joint operation for a period not to exceed 3 years. The school boards of the participating districts may, if they agree on terms, execute a contract for such joint operation subject to the provisions of this Section. (b) The agreement for joint operation of any such cooperative elementary school or cooperative high school, or both, shall include, but not be limited to, provisions for administration, staff, programs, financing, facilities, and transportation. Agreements may be modified, by approval of each of the participating districts, provided that a district may withdraw from the agreement only if the district is reorganizing with one or more districts under other provisions of this Code. (c) A governing board, which shall govern the operation of any such cooperative elementary school or cooperative high school, or both, shall be apportioned to reflect the number of students in each respective district who attend the cooperative elementary school or cooperative high school, or both. The membership of the governing board shall be 5 members. The school board of each participating district shall select, from its membership, its representatives on the governing board. The governing board shall prepare and adopt a budget for the cooperative elementary school or cooperative high school, or both. The governing board shall administer the cooperative elementary school or cooperative high school, or both, in accordance with the agreement of the districts and shall have the power to hire, supervise, and terminate staff; to enter into contracts; to adopt policies for the school or schools; and to take all other actions necessary and proper for the operation of the school or schools. The governing board may not levy taxes or incur any indebtedness except within the annual budget approved by the participating districts. (d) Each participating district shall pay its per capita cost of educating the students residing in its district and attending any cooperative elementary school or cooperative high school into the budget for the maintenance and operation of the cooperative elementary school or cooperative high school, or both. The manner of determining per capita cost shall be set forth in the agreement. Each district shall pay the amount owed the governing board under the terms of the agreement from the fund that the district would have used if the district had incurred the costs directly and may levy taxes and issue bonds as otherwise authorized for these purposes in order to make payments to the governing board. (e) Upon formation of the cooperative elementary school or cooperative high school, or both, the school board of each participating district shall: (1) confer and coordinate with each other and the | ||
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(2) in consultation with any exclusive employee | ||
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(3) transfer to the governing board of the | ||
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(A) by categories listed on the seniority list | ||
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(B) in each category, by having teachers in | ||
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(C) in order from greatest seniority first | ||
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A teacher who is not in contractual continued service shall not be transferred if there is a teacher in contractual continued service in the same category who is qualified to hold the position that is to be filled. If there are more teachers who have entered upon contractual continued service than there are available positions at the cooperative elementary school or cooperative high school, or both or within other assignments in the district, a school board shall first remove or dismiss all teachers who have not entered upon contractual continued service before removing or dismissing any teacher who has entered upon contractual continued service and who is legally qualified (i) to hold a position at the cooperative elementary school or cooperative high school, or both planned to be held by a teacher who has not entered upon contractual continued service or (ii) to hold another position in the participating district. As between teachers who have entered upon contractual continued service, the teacher or teachers with the shorter length of continuing service in any of the participating districts shall be dismissed first. Any teacher dismissed as a result of such a decrease shall be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the school board that has dismissed a teacher or the governing board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, then the positions thereby becoming available shall be tendered to the teachers so removed or dismissed so far as they are legally qualified to hold such positions. If the number of honorable dismissal notices in all participating districts exceeds 15% of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year in all participating districts and if the school board that has dismissed a teacher or the governing board has any vacancies for the following school term or within 2 calendar years from the beginning of the following school term, the positions so becoming available shall be tendered to the teachers who were so notified, removed, or dismissed whenever these teachers are legally qualified to hold those positions. The provisions of subsection (h) of Section 24-11 of this Code concerning teachers whose positions are transferred from one board to the control of a different board shall apply to the teachers who are transferred. The contractual continued service of any transferred teacher is not lost and the governing board is subject to this Code with respect to the teacher in the same manner as if the teacher had been the governing board's employee during the time the teacher was actually employed by the board of the district from which the position and the teacher's employment were transferred. The time spent in employment with a participating district by any teacher who has not yet entered upon contractual continued service and who is transferred to the governing board is not lost when computing the time necessary for the teacher to enter upon contractual continued service, and the governing board is subject to this Code with respect to the teacher in the same manner as if the teacher had been the governing board's employee during the time the teacher was actually employed by the school board from which the position and the teacher's employment were transferred. At the conclusion of the pilot program, any teacher who was transferred from a participating district shall be transferred back to the district and subsection (h) of Section 24-11 of this Code shall apply. In that case, a district is subject to this Code in the same manner as if the teacher transferred back had been continuously in the service of the receiving district. (f) Upon formation of the cooperative elementary school or cooperative high school, or both, the school board of each participating district shall: (1) confer and coordinate with each other and the | ||
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(2) in consultation with any exclusive employee | ||
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(3) transfer to the governing board of the | ||
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If there are more full-time educational support personnel employees than there are available positions at the cooperative elementary school or cooperative high school, or both or in the participating district, then a school board shall first remove or dismiss those educational support personnel employees with the shorter length of continuing service in any of the participating districts, within the respective category of position. The governing board is subject to this Code with respect to the educational support personnel employee as if the educational support personnel employee had been the governing 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. Any educational support personnel employee dismissed as a result of such a decrease shall be paid all earned compensation on or before the third business day following his or her last day of employment. If the school board that has dismissed the educational support personnel employee or the governing board has any vacancies for the following school term or within one calendar year from the beginning of the following school term, then the positions thereby becoming available within a specific category of position shall be tendered to the employees so removed or dismissed from that category of position so far as they are legally qualified to hold such positions. At the conclusion of the pilot, any educational support personnel employee who was transferred from a participating district shall be transferred back to the district and Section 10-23.5 of this Code shall apply. In that case, a district is subject to this Code in the same manner as if the educational support personnel employee transferred back had been continuously in the service of the receiving district. (g) This Section repeals 3 years after the beginning date of operation of a pilot cooperative elementary school or a pilot cooperative high school.
(Source: P.A. 99-657, eff. 7-28-16.) |
(105 ILCS 5/10-22.22e) Sec. 10-22.22e. Science and mathematics partnership school. (a) Notwithstanding any other provision of law to the contrary and subject to the provisions of this Section, 2 or more contiguous school districts with all or a portion of their territory located within the geographic boundaries of the same municipality may, when in their judgment the interest of the districts and of the students therein will be best served, jointly operate, through an institution of higher education located in the municipality, a science and mathematics partnership school for serving some or all of grades kindergarten through 8. The partnership school may (i) restrict attendance to pupils who reside within the geographic boundaries of the areas served by the school districts and (ii) select students for enrollment based on admission criteria that focuses on academic proficiency in science and mathematics established by the partnership school and approved by the districts' school boards; however, in no case may the partnership school discriminate on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services in the establishment of its attendance boundaries or in the selection of students for enrollment. The number of students enrolled from each school district shall be approximately equal in number. If there are more students eligible for enrollment in the partnership school from a school district than there are spaces available, eligible students must be selected by lottery. (b) The school board of each school district shall, by proper resolution, enter into the joint operation of the partnership school. The school boards of the participating districts shall execute a partnership school contract with the institution of higher education for the joint operation, subject to the provisions of this Section. The agreement for joint operation of the partnership school shall include, but not be limited to, provisions for administration, staff, programs, financing, facilities, and transportation. (c) Each participating school district shall pay its per capita cost of educating the students residing in the district and attending the partnership school for the maintenance and operation of the partnership school. The manner of determining per capita cost must be set forth in the agreement. Each district shall pay the amount owed under the terms of the agreement from the fund that the district would have used if the district had incurred the costs directly and may levy taxes and issue bonds as otherwise authorized for these purposes in order to make payments. (d) The teachers and other non-administrative, certified employees who work in the partnership school must be selected according to criteria established by the partnership school and agreed to by the school districts' school boards. The number of such employees selected from each school district must be approximately equal in number. Their selection must be for a 2-year or 4-year period, upon the completion of which they must be assigned to a comparable position in the school from which they were selected. While working in the partnership school, these employees shall remain employees of and be paid by the school district from which they were selected, and their wages and benefits must be the same as if they were teaching or otherwise working in that district, provided that additional wages and benefits may be provided to these teachers and other staff if the participating school districts and the exclusive bargaining representatives of their teachers and other staff agree. The contractual continued service status of a teacher and the retirement benefits of those employees who accept work with the partnership school must not be affected. A school term worked in the partnership school must be considered a school term worked in the school district from which the employees were selected for contractual continued service attainment purposes. The time spent in employment with a participating district by any teacher who has not yet entered upon contractual continued service and accepts selection to work in the partnership school is not lost when computing the time necessary for the teacher to enter upon contractual continued service.
(Source: P.A. 97-97, eff. 1-1-12; 98-786, eff. 7-25-14.) |
(105 ILCS 5/10-22.23) (from Ch. 122, par. 10-22.23)
Sec. 10-22.23. School Nurse. To employ a registered professional
nurse and define the duties of the school nurse within the guidelines of
rules and regulations promulgated by the State Board of Education. Any
school nurse first employed on or after July 1, 1976, whose duties
require teaching or the exercise of instructional judgment or educational
evaluation of pupils, must be licensed under Section 21B-25 of this Code.
School districts may employ nonlicensed registered professional nurses
to perform professional nursing services.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-22.23a) (from Ch. 122, par. 10-22.23a)
Sec. 10-22.23a. Chief school business official. To employ a chief school
business official and define the duties of the chief school business official.
Any chief school business official first employed on or after July 1, 1977
shall be licensed under Article 21B. For the purposes of this Section,
experience as a school business official in an Illinois public school district
prior to July 1, 1977 shall be deemed the equivalent of licensure.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-22.24) (from Ch. 122, par. 10-22.24)
Sec. 10-22.24.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/10-22.24a) (from Ch. 122, par. 10-22.24a)
Sec. 10-22.24a. School counselor. To employ school counselors. A school
counselor is
a qualified specialist who holds a Professional Educator License with a school support personnel endorsement in the area of school counseling issued pursuant to Section 21B-25 of this Code and
who either (i) holds or is qualified for an elementary, secondary, special
K-12, or special preschool-age 22 endorsement on a Professional Educator License issued pursuant to Section 21B-20 or 21B-25 of this Code or (ii) in lieu of holding or qualifying for a teaching endorsement on a Professional Educator License, has fulfilled such other requirements as the State Board of
Education may by rule establish. An
individual who has completed an approved
program in another state may apply for a Professional Educator License
endorsed in school counseling and shall receive such a license if a review
of his or her credentials indicates that
he or she meets the additional requirements of this Section. Only persons so licensed and endorsed may use the title "school counselor".
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-22.24b) (Text of Section before amendment by P.A. 103-542) Sec. 10-22.24b. School counseling services. School counseling services in public schools may be provided by school counselors as defined in Section 10-22.24a of this Code or by individuals who hold a Professional Educator License with a school support personnel endorsement in the area of school counseling under Section 21B-25 of this Code. School counseling services may include, but are not limited to: (1) designing and delivering a comprehensive school | ||
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(2) incorporating the common core language into the | ||
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(3) school counselors working as culturally skilled | ||
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(4) providing individual and group counseling; (5) providing a core counseling curriculum that | ||
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(6) making referrals when necessary to appropriate | ||
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(7) providing college and career development | ||
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(8) developing individual career plans with students, | ||
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(9) assisting all students with a college or | ||
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(10) intentionally addressing the career and college | ||
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(11) educating all students on scholarships, | ||
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(12) collaborating with institutions of higher | ||
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(13) providing crisis intervention and contributing | ||
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(14) educating students, teachers, and parents on | ||
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(15) providing counseling and other resources to | ||
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(16) providing resources for those students who do | ||
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(17) addressing bullying and conflict resolution with | ||
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(18) teaching communication skills and helping | ||
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(19) using culturally sensitive skills in working | ||
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(20) addressing the needs of undocumented students in | ||
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(21) contributing to a student's functional | ||
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(22) (i) assisting students in need of special | ||
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(23) assisting in the development of a personal | ||
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(24) educating students on dual credit and learning | ||
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(25) providing information for all students in the | ||
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(26) interpreting achievement test results and | ||
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(27) counseling with students, families, and | ||
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(28) providing families with opportunities for | ||
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(29) consulting and collaborating with teachers and | ||
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(30) teaming and partnering with staff, parents, | ||
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(31) developing and implementing school-based | ||
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(32) developing culturally sensitive assessment | ||
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(33) participating on school and district committees | ||
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(34) acting as a liaison between the public schools | ||
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(35) maintaining organized, clear, and useful records | ||
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(36) presenting an annual agreement to the | ||
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(37) identifying and implementing culturally | ||
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(38) collaborating as a team member in Response to | ||
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(39) conducting observations and participating in | ||
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(40) analyzing data and results of school counseling | ||
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(41) analyzing data and results of school counselor | ||
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(42) following American School Counselor Association | ||
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(43) knowing and embracing common core standards by | ||
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(44) practicing as a culturally skilled school | ||
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(45) infusing the Social-Emotional Standards, as | ||
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(46) providing services only in areas in which the | ||
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(47) having adequate training in supervision | ||
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(48) being involved with State and national | ||
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(49) participating, at least once every 2 years, in | ||
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(50) participating, at least every 2 years, in an | ||
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(51) participating, at least once every 2 years, in | ||
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(52) participating, in addition to other topics at | ||
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(53) obtaining training to have a basic knowledge of | ||
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(54) participating in mandates from the State Board | ||
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(55) promoting career and technical education by | ||
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School districts may employ a sufficient number of school counselors to maintain the national and State recommended student-counselor ratio of 250 to 1. School districts may have school counselors spend at least 80% of his or her work time in direct contact with students. Nothing in this Section prohibits other qualified professionals, including other endorsed school support personnel, from providing the services listed in this Section.(Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-542) Sec. 10-22.24b. School counseling services. School counseling services in public schools may be provided by school counselors as defined in Section 10-22.24a of this Code or by individuals who hold a Professional Educator License with a school support personnel endorsement in the area of school counseling under Section 21B-25 of this Code. School counseling services may include, but are not limited to: (1) designing and delivering a comprehensive school | ||
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(2) incorporating the common core language into the | ||
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(3) school counselors working as culturally skilled | ||
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(4) providing individual and group counseling; (5) providing a core counseling curriculum that | ||
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(6) making referrals when necessary to appropriate | ||
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(7) providing college and career development | ||
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(8) developing individual career plans with students, | ||
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(9) assisting all students with a college or | ||
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(10) intentionally addressing the career and college | ||
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(11) educating all students on scholarships, | ||
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(12) collaborating with institutions of higher | ||
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(13) providing crisis intervention and contributing | ||
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(14) educating students, teachers, and parents on | ||
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(15) providing counseling and other resources to | ||
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(16) providing resources for those students who do | ||
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(17) addressing bullying and conflict resolution with | ||
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(18) teaching communication skills and helping | ||
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(19) using culturally sensitive skills in working | ||
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(20) addressing the needs of undocumented students in | ||
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(21) contributing to a student's functional | ||
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(22) (i) assisting students in need of special | ||
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(23) assisting in the development of a personal | ||
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(24) educating students on dual credit and learning | ||
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(25) providing information for all students in the | ||
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(26) interpreting achievement test results and | ||
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(27) counseling with students, families, and | ||
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(28) providing families with opportunities for | ||
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(29) consulting and collaborating with teachers and | ||
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(30) teaming and partnering with staff, parents, | ||
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(31) developing and implementing school-based | ||
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(32) developing culturally sensitive assessment | ||
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(33) participating on school and district committees | ||
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(34) acting as a liaison between the public schools | ||
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(35) maintaining organized, clear, and useful records | ||
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(36) presenting an annual agreement to the | ||
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(37) identifying and implementing culturally | ||
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(38) collaborating as a team member in Response to | ||
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(39) conducting observations and participating in | ||
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(40) analyzing data and results of school counseling | ||
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(41) analyzing data and results of school counselor | ||
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(42) following American School Counselor Association | ||
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(43) knowing and embracing common core standards by | ||
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(44) practicing as a culturally skilled school | ||
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(45) infusing the Social-Emotional Standards, as | ||
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(46) providing services only in areas in which the | ||
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(47) having adequate training in supervision | ||
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(48) being involved with State and national | ||
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(49) complete the required training as outlined in | ||
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(50) (blank); (51) (blank); (52) (blank); (53) (blank); (54) participating in mandates from the State Board | ||
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(55) promoting career and technical education by | ||
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School districts may employ a sufficient number of school counselors to maintain the national and State recommended student-counselor ratio of 250 to 1. School districts may have school counselors spend at least 80% of his or her work time in direct contact with students. Nothing in this Section prohibits other qualified professionals, including other endorsed school support personnel, from providing the services listed in this Section.(Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542.) |
(105 ILCS 5/10-22.25) (from Ch. 122, par. 10-22.25)
Sec. 10-22.25.
Purchase and rent of textbooks.
To purchase textbooks and rent them to the pupils.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-22.25a) (from Ch. 122, par. 10-22.25a)
Sec. 10-22.25a.
To obtain personal property, when authorized by an
affirmative vote of 2/3 of the members of the board, by lease, with or
without an option to purchase, for a period not to exceed 5 years or by
purchase under an installment contract extending over a period of not more
than 5 years, with interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract; provided that the term of guaranteed energy
savings contracts as defined in Article 19b of the School Code may exceed 5
years.
For the purpose of this Section, personal property shall include computer
hardware and software and all equipment, fixtures, renovations, and
improvements to existing facilities of the district necessary to accommodate
computers.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any provision
of this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 90-97, eff. 7-11-97.)
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(105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
Sec. 10-22.25b. School uniforms. The school board may adopt a school
uniform or dress code
policy that governs all or certain individual attendance centers
and that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety.
A school uniform or dress code policy adopted by
a school board: (i) shall not be applied in such manner as to discipline or
deny attendance to a transfer student or any other student for noncompliance
with that policy during
such period of time as is reasonably necessary to enable the student to acquire
a school uniform or otherwise comply with the dress code policy that is in
effect at the attendance center or in the district into which the student's
enrollment is transferred; (ii) shall include criteria and procedures under
which the school board will accommodate the needs of or otherwise provide
appropriate resources to assist a student from an indigent family in complying
with an applicable school uniform or dress code policy; (iii) shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists; and (iv) shall not prohibit the right of a student to wear or
accessorize the student's graduation attire with items associated with the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in subsection (Q) of Section 1-103 of the Illinois Human Rights Act. A student whose
parents or legal guardians object on religious grounds to the student's
compliance with an applicable school
uniform or dress code policy shall not be required to comply with that policy
if the student's parents or legal guardians present to the school board a
signed statement of objection detailing the grounds for the objection.
This Section applies to school boards of all
districts, including special charter districts and districts organized under
Article 34. If a school board does not comply with the requirements and prohibitions set forth in this Section, the school district is subject to the penalty imposed pursuant to subsection (a) of Section 2-3.25.
By no later than July 1, 2022, the State Board of Education shall make available to schools resource materials developed in consultation with stakeholders regarding hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists. The State Board of Education shall make the resource materials available on its Internet website. (Source: P.A. 102-360, eff. 1-1-22; 103-463, eff. 8-4-23.)
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(105 ILCS 5/10-22.26) (from Ch. 122, par. 10-22.26)
Sec. 10-22.26.
School Lunch Program - Purchase of Equipment.
To maintain and operate a school lunch program in accordance with
applicable regulations of the State Board of Education and
agencies of the United States government. Equipment to be used in the
school lunch program shall be paid for from the operations and
maintenance fund of the district or from any surplus remaining in the
school lunch account at the end of the school term.
(Source: P.A. 86-970.)
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(105 ILCS 5/10-22.27) (from Ch. 122, par. 10-22.27)
Sec. 10-22.27.
Schools outside district for exceptional children.
To rent suitable facilities outside of the district and maintain classes
therein for the instruction of children from any home for orphans,
dependent, abandoned, or maladjusted children as provided in Section 18-3
of this Act; provided that written consent is secured from the school board
of the district wherein such facilities and classes are located.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-22.28) (from Ch. 122, par. 10-22.28)
Sec. 10-22.28.
School safety patrol.
To establish and maintain a school safety patrol and with the written
consent of the parents of individual pupils to appoint such pupils to
participate as members thereof for the purpose of influencing and
encouraging the other pupils to refrain from crossing public streets and
highways at points other than at regular crossings and for the purpose of
directing pupils not to cross streets and highways at times when the
presence of traffic would render such crossing unsafe.
The safety patrol shall function only under the direction and control of
school authorities; however, upon request of the school board other
agencies may cooperate to such extent as may be agreed upon.
No liability shall attach either to the school district or any
individual, trustee, board member, superintendent, principal, teacher or
other school employee by virtue of the organization, maintenance or
operation of a school safety patrol organized, maintained and operated
under authority of this section.
Nothing herein contained shall be construed to authorize or permit the
use of any safety patrol member for the purpose of directing vehicular
traffic.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-22.28a) (from Ch. 122, par. 10-22.28a)
Sec. 10-22.28a.
To acquire, install, operate and maintain traffic signals
relative to school crossing protection and school crossing stop signals
and to employ persons for the purpose of directing traffic upon school grounds
and on or along streets and highways or portions thereof within a radius
of one mile from such school grounds, or to share the cost of employing
such persons with or accept the employment of such persons by any unit of
local government. The school board may determine whether the crossing
guard employment costs shall be paid from its educational, transportation
or operations and maintenance fund. The powers in this Section
are subject to the following:
1. The power to acquire, install, operate and maintain traffic signals
may not be exercised in any city, village or incorporated town;
2. Prior approval must be obtained from the Department of Transportation
with respect to highways for which it has maintenance jurisdiction, and
any public body or official having jurisdiction over any street or highway affected;
3. All signs and signals to be erected shall conform to the Department
of Transportation's Manual and Specifications
and shall be justified by traffic warrants stated in the Manual, and all
pertinent provisions of The Illinois Vehicle Code, not inconsistent with
the provisions of this Section, shall apply.
(Source: P.A. 86-970.)
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(105 ILCS 5/10-22.29) (from Ch. 122, par. 10-22.29)
Sec. 10-22.29.
Outdoor education.
To offer, if deemed appropriate, outdoor education, and to use school funds
for the expenses of the outdoor education program, within the State of
Illinois, or adjacent States, whether within the school district or not,
including the purchase or renting of facilities either individually or
jointly with any other school district or districts.
(Source: Laws 1968, p. 414.)
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(105 ILCS 5/10-22.29a) (from Ch. 122, par. 10-22.29a)
Sec. 10-22.29a.
To authorize the establishment of an investment club,
in any high school within the district, to be organized on a purely
voluntary basis. The State Board of Education may, however,
promulgate reasonable standards regarding the establishment,
organization and operation of investment clubs formed pursuant to this
Section which standards must be complied with by all those concerned.
The superintendent of schools shall, when the board has authorized the
establishment of an investment club, designate a teacher in the high
school where the club is organized to serve as sponsor of the club and
as the fiduciary for members of the club in making the purchases and
sales of securities on behalf of the members and shall also designate an
investment dealer registered with the Secretary of State of Illinois as
an investment dealer; to provide investment counseling and brokerage
services for the members of the club. That investment dealer shall (a)
reflect all transactions entered into on behalf of the investment club
in an account in the name of the teacher as fiduciary, (b) submit
monthly to the fiduciary a statement of account reflecting all
transactions entered into on behalf of the club during the previous
month including the prices paid on purchases and the proceeds received
on sales of securities and the costs and fees incurred in each
transaction and listing the accumulated holdings of the investment club
by type of security, number of shares of stock, name of the issuer and
any other information necessary to identify the composition of the
accumulated security holdings of the club, and (c) handle transactions
on behalf of the club, through the designated fiduciary as a street
account rather than through issuance of certificates in the name of the
fiduciary or of individual club members. Any investment club formed
under this Section must sell all securities purchased through the club
and distribute the proceeds of sales to its members by May 20th each
year. All investment clubs are subject to the provisions of the
Illinois Securities Law of 1953.
(Source: P.A. 100-201, eff. 8-18-17.)
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(105 ILCS 5/10-22.29b) (from Ch. 122, par. 10-22.29b)
Sec. 10-22.29b.
Educational tours.
As a supplement to a particular
course of instruction, to conduct educational tours, within or without
the district, the State of Illinois or the United States, for the pupils
or employees, or both, of any school or schools within the district.
Nothing in this Section authorizes the use of any school funds for any
expenditures incurred on such a tour such as meals, lodging and
transportation costs nor does this Section apply to any outdoor education
class, field trip or travel to and from a school sponsored event as
permitted under Sections 10-22.29,
29-3.1 and 34-18, subsection (11). Nothing in this Section prohibits payment
of the salaries of necessary personnel while on a tour or field trip if
the personnel are performing in the ordinary course of their employment.
(Source: P.A. 85-1389.)
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(105 ILCS 5/10-22.30) (from Ch. 122, par. 10-22.30)
Sec. 10-22.30.
Television and radio programs.
To enter into contracts, either alone or in cooperation with other
school boards, for the purpose of participating in or the procuring of
television or radio broadcasts or both, for use in the educational program
of the schools; to provide television or radio studio facilities or both;
to grant the use of such studio facilities to a licensed television or
radio station located in the school district; to maintain and operate such
school television or radio transmitting devices, or both, as are necessary
to distribute adequate instructional television or radio programming with
closed-circuit, fixed-circuit or standard broadcasting equipment; and to
provide programs for educational purposes.
(Source: Laws 1965, p. 573.)
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(105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
Sec. 10-22.31. Special education.
(a) To enter into joint agreements with other school boards to provide
the needed special educational facilities and to employ a director and
other professional workers as defined in Section 14-1.10 and to establish
facilities as defined in Section 14-1.08 for the types of children described
in Sections 14-1.02 and 14-1.03a. The director (who may be employed under
a contract as provided in subsection (c) of this Section)
and other professional workers may be employed by one district, which
shall be reimbursed on a mutually agreed basis by other districts
that are parties to the joint agreement. Such agreements may provide that
one district may supply professional workers for a joint program conducted
in another district. Such agreement shall provide that any full-time professional worker who is employed by a joint agreement program and spends over
50% of his or her time in one school district shall not be required to work
a different teaching schedule than the other professional worker in that
district. Such agreement shall include, but not be limited to, provisions
for administration, staff, programs, financing, housing, transportation, an
advisory body, and the method or methods to be employed for disposing of property upon the withdrawal of a school district or dissolution of the joint agreement and shall specify procedures for the withdrawal of
districts from
the joint agreement as long as these procedures are consistent with this Section. Such
agreement may be amended at any time as provided in the joint agreement or,
if the joint agreement does not so provide, then such agreement may be
amended at any time upon the adoption of concurring resolutions by the
school boards of all member districts, provided that no later than 6 months after August 28, 2009 (the effective date of Public Act 96-783), all existing agreements shall be amended to be consistent with Public Act 96-783. Such an amendment may include the removal of a school district from or the addition of a school district to the joint agreement without a petition as otherwise required in this Section if all member districts adopt concurring resolutions to that effect. A fully executed copy of any such
agreement or amendment entered into on or after January 1, 1989 shall be
filed with the State Board of Education. Petitions for withdrawal
shall be made to the regional board or boards of school trustees exercising oversight or governance over any of the districts in the joint
agreement. Upon receipt of a petition for withdrawal, the regional board
of school trustees shall
publish notice of and conduct a hearing or, in instances in which more than one regional board of school trustees exercises oversight or governance over any of the districts in the joint agreement, a joint hearing, in accordance with rules adopted by the State Board of Education. In instances in which a single regional board of school trustees holds the hearing, approval of the petition must be by a two-thirds majority vote of the school trustees. In instances in which a joint hearing of 2 or more regional boards of school trustees is required, approval of the petition must be by a two-thirds majority of all those school trustees present and voting. Notwithstanding the provisions of Article 6 of this Code, in instances in which the competent regional board or boards of school trustees has been abolished, petitions for withdrawal shall be made to the school boards of those districts that fall under the oversight or governance of the abolished regional board of school trustees in accordance with rules adopted by the State Board of Education. If any petition is approved pursuant to this subsection (a), the withdrawal takes effect
as provided in Section 7-9 of this Act. The changes to this Section made by Public Act 96-769 apply to all changes to special education joint agreement membership initiated after July 1, 2009.
(b) To either (1) designate an administrative district to act as fiscal
and legal agent for the districts that are parties to the joint
agreement, or (2) designate a governing board composed of one member of
the school board of each cooperating district and designated by such
boards to act in accordance with the joint agreement. No such governing
board may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint agreement
approved by the governing board and by the boards of at least a majority
of the cooperating school districts or a number of districts greater
than a majority if required by
the joint agreement. The governing board may appoint an executive board of at
least 7 members to administer the joint agreement in accordance with
its terms. However, if 7 or more school districts are parties to a joint agreement that does not have an
administrative district: (i) at least a majority of the members appointed by
the governing board to the executive
board shall
be members of the school boards of the cooperating districts; or
(ii) if the
governing
board wishes to appoint members who are not school board members, they shall be
superintendents from the
cooperating districts.
(c) To employ a full-time director of special education of the joint agreement program under a one-year or multi-year
contract. No such contract can be offered or accepted for less than one year. Such contract
may be discontinued at any time by mutual agreement of the contracting
parties, or may be extended for an additional one-year or multi-year period at the end of any year.
The contract year is July 1 through the following June 30th, unless the
contract specifically provides otherwise. Notice of intent not to renew a
contract when given by a controlling board or administrative district must
be in writing stating the specific reason therefor. Notice of intent not
to renew the contract must be given by the controlling board or the
administrative district at least 90 days before the contract expires.
Failure to do so will automatically extend the contract for one
additional year.
By accepting the terms of the contract, the director of a
special education joint agreement waives all rights granted under Sections
24-11 through 24-16 for the duration of his or her employment as a director
of a special education joint agreement.
(d) To designate a district that is a party to the joint agreement as the
issuer of bonds or notes for the purposes and in the manner provided in
this Section. It is not necessary for such district to also be the
administrative district for the joint agreement, nor is it necessary for
the same district to be designated as the issuer of all series of bonds or
notes issued hereunder. Any district so designated may, from time to time,
borrow money and, in evidence of its obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14-1.08. Title in and to any such facilities shall be held in accordance
with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the board
of education of the issuing district. The resolution may contain such
covenants as may be deemed necessary or advisable by the district to
assure the payment of the bonds or notes. The resolution shall be
effective immediately upon its adoption.
Prior to the issuance of such bonds or notes, each school district that
is a party to the joint agreement shall agree, whether by amendment to the
joint agreement or by resolution of the board of education, to be jointly
and severally liable for the payment of the bonds and notes. The bonds or
notes shall be payable solely and only from the payments made pursuant to
such agreement.
Neither the bonds or notes nor the obligation to pay the bonds or notes under
any joint agreement shall constitute an indebtedness of any district,
including the issuing district, within the meaning of any constitutional or
statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the agreement
by a district to pay the bonds and notes shall be irrevocable
notwithstanding the district's withdrawal from membership in the joint
special education program.
(e) If a district whose employees are on strike was, prior to the strike,
sending students with disabilities to special educational
facilities and services
in another district or cooperative, the district affected by the strike
shall continue to send such students during the strike and shall be
eligible to receive appropriate State reimbursement.
(f) With respect to those joint agreements that have a governing board
composed of one member of the school board of each cooperating district and
designated by those boards to act in accordance with the joint agreement, the
governing board shall have, in addition to its other powers under this Section,
the authority to issue bonds or notes for the purposes and in the manner
provided in this subsection. The governing board of the joint agreement
may from time to time borrow money and, in evidence of its
obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14-1.08 and including also facilities for activities of administration and
educational support personnel employees. Title in and to any such facilities
shall be held in accordance with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the
governing board. The resolution may contain such
covenants as may be deemed necessary or advisable by the governing board
to assure the payment of the bonds or notes and interest accruing thereon.
The resolution shall be effective immediately upon its adoption.
Each school district that
is a party to the joint agreement shall be automatically liable, by virtue of
its membership in the joint agreement, for its proportionate share of the
principal amount of the bonds and notes plus interest accruing thereon, as
provided in the resolution. Subject to the joint and several liability
hereinafter provided for, the resolution may provide for different payment
schedules for different districts except that the aggregate amount of scheduled
payments for each district shall be equal to its proportionate share of the
debt service in the bonds or notes based upon the fraction that its
equalized assessed valuation bears to the total equalized assessed valuation of
all the district members of the joint agreement as adjusted in the manner
hereinafter provided. In computing that fraction the most recent available
equalized assessed valuation at the time of the issuance of the bonds and notes
shall be used, and the equalized assessed valuation of any district maintaining
grades K to 12 shall be doubled in both the numerator and denominator of the
fraction used for all of the districts that are members of the joint
agreement. In case of default in payment by any
member, each school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount of any
deficiency. The bonds or
notes and interest thereon shall be payable solely and only from the
funds made available pursuant to the procedures set forth in this
subsection. No project authorized under this subsection may require an
annual contribution for bond payments from any member district in excess of
0.15% of the value of taxable property as equalized or assessed by the
Department of Revenue in the case of districts maintaining grades K-8 or 9-12
and 0.30% of the value of taxable property as equalized or assessed by the
Department of
Revenue in the case of districts maintaining grades K-12. This limitation on
taxing authority is expressly applicable to taxing authority provided under
Section 17-9 and other applicable Sections of this Act. Nothing contained in
this subsection shall be construed as an exception to the property tax
limitations contained in Section 17-2, 17-2.2a, 17-5, or
any other applicable Section of this Act.
Neither the bonds or notes nor the obligation to pay the bonds or notes
under any joint agreement shall constitute an indebtedness of any district
within the meaning of any constitutional or statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the obligation
of a district to pay its proportionate share of the principal of and
interest on the bonds and notes as required in this Section shall be a
general obligation of the district payable from any and all sources of revenue
designated for that purpose by the board of education of the district and shall
be irrevocable notwithstanding the district's withdrawal from membership in the
joint special education program.
(g) A member district wishing to withdraw from a joint agreement may obtain from its school board a written resolution approving the withdrawal. The withdrawing district must then present a written petition for withdrawal from the joint agreement to the other member districts. Under no circumstances may the petition be presented to the other member districts less than 12 months from the date of the proposed withdrawal, unless the member districts agree to waive this timeline. Upon approval by school board written resolution of all of the remaining member districts, the petitioning member district shall notify the State Board of Education of the approved withdrawal in writing and must submit a comprehensive plan developed under subsection (g-5) for review by the State Board. If the petition for withdrawal is not approved, the petitioning member district may appeal the disapproval decision to the trustees of schools of the township that has jurisdiction and authority over the withdrawing district. If a withdrawing district is not under the jurisdiction and authority of the trustees of schools of a township, a hearing panel shall be established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district. The hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the withdrawing district and may not be a current school board member or employee of the withdrawing district or hold any county office. None of the hearing panel members may reside within the same school district. The hearing panel shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to these proceedings must be paid. Prior to the hearing, the withdrawing district shall (i) provide written notification to all parents or guardians of students with disabilities residing within the district of its intent to withdraw from the special education joint agreement; (ii) hold a public hearing to allow for members of the community, parents or guardians of students with disabilities, or any other interested parties an opportunity to review the plan for educating students after the withdrawal and to provide feedback on the plan; and (iii) prepare and provide a comprehensive plan as outlined under subsection (g-5). The trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district shall convene and hear testimony to determine whether the withdrawing district has presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future. If the trustees of schools of the township having jurisdiction and authority over the withdrawing district or the hearing panel established by the chief administrative officer of the intermediate service center having jurisdiction over the withdrawing district approves the petition for withdrawal, then the petitioning member district shall be withdrawn from the joint agreement effective the following July 1 and shall notify the State Board of Education of the approved withdrawal in writing. (g-5) Each withdrawing district shall develop a comprehensive plan that includes the administrative policies and procedures outlined in Sections 226.50, 226.100, 226.110, 226.180, 226.230, 226.250, 226.260, 226.300, 226.310, 226.320, 226.330, 226.340, 226.350, 226.500, 226.520, 226.530, 226.540, 226.560, 226.700, 226.740, 226.800, and 226.820 and Subpart G of Part 226 of Title 23 of the Illinois Administrative Code and all relevant portions of the federal Individuals with Disabilities Education Act. The withdrawing district must also demonstrate its ability to provide education for a wide range of students with disabilities, including a full continuum of support and services. To demonstrate an appropriate plan for educating all currently enrolled students with disabilities upon withdrawal from the joint agreement, the withdrawing district must provide a written plan for educating and placing all currently eligible students with disabilities. (h) The changes to this Section made by Public Act 96-783 apply to withdrawals from or dissolutions of special education joint agreements initiated after August 28, 2009 (the effective date of Public Act 96-783). (i) Notwithstanding subsections (a), (g), and (h) of this Section or any other provision of this Code to the contrary, an elementary school district that maintains grades up to and including grade 8, that had a 2014-2015 best 3 months' average daily attendance of 5,209.57, and that had a 2014 equalized assessed valuation of at least $451,500,000, but not more than $452,000,000, may withdraw from its special education joint agreement program consisting of 6 school districts upon submission and approval of the comprehensive plan, in compliance with the applicable requirements of Section 14-4.01 of this Code, in addition to the approval by the school board of the elementary school district and notification to and the filing of an intent to withdraw statement with the governing board of the joint agreement program. Such notification and statement shall specify the effective date of the withdrawal, which in no case shall be less than 60 days after the date of the filing of the notification and statement. Upon receipt of the notification and statement, the governing board of the joint agreement program shall distribute a copy to each member district of the joint agreement and shall initiate any appropriate allocation of assets and liabilities among the remaining member districts to take effect upon the date of the withdrawal. The withdrawal shall take effect upon the date specified in the notification and statement. (Source: P.A. 100-66, eff. 8-11-17; 101-164, eff. 7-26-19.)
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(105 ILCS 5/10-22.31a) (from Ch. 122, par. 10-22.31a)
Sec. 10-22.31a.
Joint educational programs.
To enter into joint agreements with other school boards or public
institutions of higher education to establish any type of educational
program which any district may establish individually, to provide the
needed educational facilities and to employ a director and other
professional workers for such program. The director and other
professional workers may be employed by one district which shall be
reimbursed on a mutually agreed basis by other districts that are
parties to the joint agreement. Such agreements may provide that one
district may supply professional workers for a joint program conducted
in another district. Such agreement shall be executed on forms provided
by the State Board of Education
and shall include, but not
be limited to, provisions for administration, staff, programs,
financing, housing, transportation and advisory body and provide for the
withdrawal of districts from the joint agreement by petition to the regional
board of school trustees. Such petitions for withdrawal shall be
made to the regional board of school trustees of the region having
supervision and control over the administrative district and shall be
acted upon in the manner provided in Article 7 for the detachment of
territory from a school district.
To designate an administrative district to act as fiscal and legal
agent for the districts that are parties to such a joint agreement.
(Source: P.A. 86-198; 86-1318.)
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(105 ILCS 5/10-22.31b) (from Ch. 122, par. 10-22.31b)
Sec. 10-22.31b.
Joint building programs.
To enter into joint
agreements
either under this Act or under the Intergovernmental Cooperation Act with other
school boards to acquire, build, establish and maintain sites and buildings
including residential facilities, that may be needed for area vocational
education buildings or the education of one or more of the types of
children with disabilities defined in Sections 14-1.02 through 14-1.07 of
this Act, who are
residents of such joint agreement area, upon the review and recommendation of
the Advisory Council on Education of Children with
Disabilities and approval of the
State Superintendent. Proposals shall be submitted on forms promulgated by the
State Advisory Council. The State Advisory Council shall have 45 days to review
the proposal and make a recommendation. The State Superintendent shall then
approve or deny the proposal. Any establishment of residential facilities
under this Section for the education of children with disabilities shall consider and
utilize whenever possible the existing residential service delivery systems
including state operated and privately operated facilities. Residential
facilities shall be maintained in accordance with applicable health, licensing
and life safety requirements, including the applicable provisions of the
building code authorized under Section 2-3.12. Such sites may be acquired and
buildings built at any place within the area embraced by such joint agreement
or within 2 miles of the boundaries of any school district which is a party to
the joint agreement. The title to any site or building so acquired shall be
held in accordance with Section 16-2 of this Act.
Any funds obtained from the participating governmental entities as a result
of a joint agreement entered into under this Act or the Intergovernmental
Cooperation Act shall be accounted for in the same manner as provided for the
majority of the participating governmental entities under the laws of
this State.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/10-22.31c) (from Ch. 122, par. 10-22.31c)
Sec. 10-22.31c.
Meetings; notice.
The elected board members serving
either as an administrative district or as a governing board under Section
10-22.31 or Section 10-22.31a shall fix a time and place for regular
meetings. Special meetings may be called by any 2 such members by giving
notice thereof in writing, stating the time, place and purpose of the
meeting. Public notice of all meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of any of the districts which are parties to
the joint agreement shall be afforded reasonable time to comment to or ask
questions of the board members.
(Source: P.A. 84-1334.)
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(105 ILCS 5/10-22.31.1)
Sec. 10-22.31.1. (Repealed).
(Source: P.A. 91-241, eff. 7-22-99. Repealed by P.A. 96-783, eff. 8-28-09.)
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(105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
Sec. 10-22.32.
To authorize the advancement to school board members
the anticipated actual and necessary expenses incurred
in attending the following
meetings:
1. Meetings sponsored by the State Board of Education or by the
regional superintendents of schools,
2. County or regional meetings and the annual meeting sponsored by
any school board association complying with the provisions of Article 23
of this Act, and
3. Meetings sponsored by a national organization in the field of
public school education.
The school board may advance to teachers and other certified
employees the anticipated actual and necessary expenses
incurred in attending
meetings which are related to that employee's duties and will contribute
to the professional development of that employee.
Such advanced actual and necessary expenses are those
reasonably anticipated to
be incurred on the days necessary for travel to and from and for
attendance at such meetings.
After a meeting for which money was advanced to a school board member
or teacher or other certified employee for actual and necessary expenses, such
member or employee shall submit an itemized verified expense voucher
showing the amount of his actual expenses. Receipts shall be attached
where possible. If the actual and necessary expenses exceed the amount
advanced, the member or employee shall be reimbursed for the amount not
advanced. If the actual and necessary expenses are less than the amount
advanced, the
member or employee shall refund the excess amount.
For purposes of this Section only, a person elected at the consolidated
election held in April of 1999 or April of 2001 to serve as a school board
member for a term commencing upon the termination of his or her predecessor's
term of office shall be deemed to be a school board member for whom moneys of
the school district may be advanced and expended under this Section in order to
provide, or to arrange for a school board association that complies with
Article
23 to provide, to that person, after he or she has been elected and before his
or her term of office as a school board member commences, training in matters
relating to the powers, duties, and responsibilities of school board
membership.
Notwithstanding any other provisions of this Section 10-22.32, no
money for expenses shall be advanced nor shall any member or employee
be reimbursed, for any expenses incurred on behalf of any person other
than such member, employee, or person deemed to be a school board
member for purposes of this Section.
(Source: P.A. 90-637, eff. 7-24-98.)
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(105 ILCS 5/10-22.33) (from Ch. 122, par. 10-22.33)
Sec. 10-22.33.
Interfund loans.
To authorize the treasurer to make interfund
loans from (1) the operations and maintenance fund to the educational fund or
fire prevention and safety fund, or (2) from the educational fund to the
operations and maintenance fund or fire prevention and safety fund, or (3) from
the operations and maintenance or educational fund to the transportation fund,
or (4) from the transportation fund to the operations and maintenance,
educational, or fire prevention and safety fund and to make the necessary
transfers on his books, but such loans shall be repaid and retransferred to the
proper fund within 3 years. In case such repayment is not made within 3 years
the regional superintendent shall withhold further payments on claims
authorized by Article 18 of this Act until repayment is made.
(Source: P.A. 89-3, eff. 2-27-95.)
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(105 ILCS 5/10-22.33A) (from Ch. 122, par. 10-22.33A)
Sec. 10-22.33A.
Summer school.
During that period of the calendar
year not embraced within the regular school term to provide and conduct
courses in subject matters normally embraced in the program of the
schools during the regular school term, to fix and collect a charge for
attendance at such courses in an amount not to exceed the per capita
cost of the operation thereof, except that the board may waive all or
part of such charges if it determines that the family of an individual
pupil is indigent or that the educational needs of the pupil require his
attendance at such courses, and to give regular school credit for
satisfactory completion by the student of such courses as may be
approved for credit by the State Board of Education.
(Source: P.A. 81-1508.)
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(105 ILCS 5/10-22.33B)
Sec. 10-22.33B. Summer school; required attendance. To conduct a high
quality summer school program for those resident students identified by the
school district as being academically at risk in such critical subject areas as
language arts (reading and writing) and mathematics who will be entering any of
the school district's grades for the next school term and to require attendance
at such program by such students who have not been identified as a person with a disability under
Article 14, but who meet criteria established under this Section. Summer
school programs established under this Section shall be
designed to raise the level of achievement and improve opportunities for
success in subsequent grade levels of those students required to attend. The
parent or guardian of any student required to attend summer school shall be
given written notice from the school district requiring attendance not later
than the close of the school term which immediately precedes the required
summer school program.
(Source: P.A. 99-143, eff. 7-27-15.)
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(105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34)
Sec. 10-22.34. Nonlicensed personnel.
(a) School Boards may employ non-teaching personnel or utilize volunteer
personnel for: (1) non-teaching duties not requiring instructional
judgment or evaluation of pupils; and (2) supervising study halls, long
distance teaching reception areas used incident to instructional programs
transmitted by electronic media such as computers, video, and audio,
and detention and discipline areas, and school-sponsored extracurricular
activities.
(b) School boards may further utilize volunteer nonlicensed
personnel or employ nonlicensed personnel to assist in the
instruction of pupils under the immediate supervision of a teacher,
holding a valid license, directly engaged in teaching subject matter
or conducting activities. The teacher shall be continuously aware of the nonlicensed
persons' activities and shall be able to control or
modify them. The State Board of Education, in consultation
with the State Educator Preparation and Licensure Board, shall determine
qualifications of such personnel and shall prescribe rules for
determining the duties and activities to be assigned to such personnel.
In the determination of qualifications of such personnel, the State Board
of Education shall accept coursework earned in a recognized institution
or from an institution of higher learning accredited by the North Central
Association or other comparable regional accrediting association and shall
accept qualifications based on relevant life experiences as determined by the
State Board of Education by rule.
(b-5) A school board may utilize volunteer personnel from a
regional School Crisis Assistance Team (S.C.A.T.), created as part of the
Safe to Learn Program established pursuant to Section 25 of the Illinois
Violence Prevention Act of 1995, to provide assistance to schools in times
of violence or other traumatic incidents within a school community by
providing crisis intervention services to lessen the effects of emotional
trauma on individuals and the community. The School Crisis Assistance
Team Steering Committee shall determine the qualifications for
volunteers.
(c) School boards may also employ students holding a bachelor's degree
from a recognized institution of higher learning as teaching
interns when such students are enrolled in a college or university
internship program, which has prior approval by
the State Board of Education,
in consultation with the State Educator Preparation and Licensure
Board, leading to a masters degree.
Regional offices of education have the authority to initiate and
collaborate with institutions of higher learning to establish internship
programs referenced in this subsection (c). The State Board of Education
has 90 days from receiving a written proposal to establish the internship
program to seek the State Educator Preparation and Licensure Board's consultation on
the internship program. If the State Board of Education does not consult
the State Educator Preparation and Licensure Board within 90 days, the regional office
of education may seek the State Educator Preparation and Licensure Board's
consultation without the State Board of Education's approval.
(d) Nothing in this Section shall require constant supervision of a
student teacher enrolled in a student teaching course at a college or
university, provided such activity has the prior approval of the
representative of the higher education institution and teaching plans
have previously been discussed with and approved by the supervising
teacher and further provided that such teaching is within guidelines
established by the State Board of Education in consultation
with the State Educator Preparation and Licensure Board.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-22.34a) (from Ch. 122, par. 10-22.34a)
Sec. 10-22.34a. Supervision of non-academic activities. To designate nonlicensed persons of good character to serve as
supervisors, chaperones or sponsors, either on a voluntary or on a
compensated basis, for school activities not connected with the academic
program of the schools.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-22.34b) (from Ch. 122, par. 10-22.34b)
Sec. 10-22.34b. Utilization of nonlicensed personnel. To utilize nonlicensed persons, under the direction of a licensed
teacher, for providing specialized instruction related to a
course assigned to the licensed teacher on a regular basis, not
otherwise readily available in the immediate school environment, in the
fields for which they are particularly qualified by reason of their
specialized knowledge or skills. The duration of the instruction shall
be determined by the licensed teacher under whose direction the
program is conducted in view of the educational need to be satisfied.
Before a nonlicensed person may be utilized for such specialized
instruction, the school board must secure the written approval of the regional
superintendent of schools as to the qualifications of the
particular nonlicensed person, the particular instruction he or she is to
provide, the specific functions to be served, the total number of hours
he or she is to provide such instruction and any compensation to be paid that
person. The State Board of Education
shall prescribe, by
rule, criteria for determining qualifications of such persons and the
nature of specialized instruction for which, and the extent to which,
such persons may be used.
Nothing in this Section shall prevent the utilization of a person
with specialized knowledge or experiences as a guest lecturer or
resource person in the classroom under the direct supervision of a licensed
teacher assigned to the classroom on a regular basis, with
prior approval of the school administration.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/10-22.34c)
Sec. 10-22.34c. Third party non-instructional services. (a) A
board of education may enter into a contract with a third party for
non-instructional services currently performed by any employee or bargaining
unit member or lay off those educational support personnel employees
upon 90 days
written notice to
the affected employees, provided that: (1) a contract must not be entered into and become | ||
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(2) a contract may only take effect upon the | ||
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(3) any third party that submits a bid to perform | ||
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(A) evidence of liability insurance in scope and | ||
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(B) a benefits package for the third party's | ||
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(C) a list of the number of employees who will | ||
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(D) a minimum 3-year cost projection, using | ||
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(E) composite information about the criminal and | ||
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(F) an affidavit, notarized by the president or | ||
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(4) a contract must not be entered into unless the | ||
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(5) review and consideration of all bids by third | ||
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(6) a minimum of one public hearing, conducted by | ||
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(7) a contract shall contain provisions requiring | ||
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(8) a contract shall contain provisions requiring | ||
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(b) Notwithstanding subsection (a) of this Section, a board of education may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the school district's students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act.
(c) The changes to this Section made by this amendatory Act of the 95th General Assembly are not applicable to non-instructional services of a school district that on the effective date of this amendatory Act of the 95th General Assembly are performed for the school district by a third party.
(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
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(105 ILCS 5/10-22.35) (from Ch. 122, par. 10-22.35)
Sec. 10-22.35. Civil defense shelters. A school board shall make school buildings available for use as civil defense shelters for
all persons; cooperate with the Illinois Emergency Management Agency, local
organizations for civil defense, disaster relief organizations, including the
American Red Cross, and federal agencies concerned with civil
defense relative thereto, including, but not limited to, making space
available for the stocking of shelters with food and other provisions;
cooperate with such agencies and organizations in the use of other
resources, equipment, and facilities; and cooperate with such agencies
and organizations in the construction of new buildings to the end that the
buildings be so designed that shelter facilities may be provided.
(Source: P.A. 96-57, eff. 7-23-09.)
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(105 ILCS 5/10-22.35A) (from Ch. 122, par. 10-22.35A)
Sec. 10-22.35A.
School sites and office facilities.
To buy sites for buildings for school purposes
with necessary ground, including sites purchased under Section
10-22.31b, or to buy sites and facilities for school offices.
The purchase of such sites or office facilities may be by contract for
deed when the board deems such contract advantageous to the district,
but any such contract or any transaction arising out of such contract
may not exceed 10 years in length, and interest on the unpaid balance of
such contract may at no time exceed 6% per annum.
To take and purchase the site for a building for school purposes
either with or without the owner's consent by condemnation or otherwise.
To pay the amount of any award made by a jury in a condemnation
proceeding. To select and purchase all such sites and office facilities
desired without the submission of the question at any referendum, and to
enter into an option to purchase with respect to any such site or sites
and facilities for school offices.
(Source: P.A. 80-1044.)
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(105 ILCS 5/10-22.35B) Sec. 10-22.35B. Title to school sites and buildings. (a) On January 1, 1994 (the effective date of Public Act 88-155): (i) the legal title to all school buildings and school sites used or occupied for school purposes by a school district located in a Class I county school unit or held for the use of any such school district by and in the name of the regional board of school trustees shall vest in the school board of the school district, and the legal title to those school buildings and school sites shall be deemed transferred by operation of law to the school board of the school district, to be used for school purposes and held, sold, leased, exchanged, or otherwise transferred in accordance with law; and (ii) the legal title to all school buildings and school sites used or occupied for school purposes by a school district that is located in a Class II county school unit and that has withdrawn from the jurisdiction and authority of the trustees of schools of a township and the township treasurer under subsection (b) of Section 5-1 of this Code or held for the use of any such school district by and in the name of the regional board of school trustees at the time that regional board of school trustees was abolished by Public Act 87-969 shall vest in the school board of the school district, and the legal title to those school buildings and school sites shall be deemed transferred by operation of law to the school district, to be used for school purposes and held, sold, leased, exchanged, or otherwise transferred in accordance with law. (b) The school board of each school district to which subsection (a) of this Section is applicable may receive any gift, grant, donation, or legacy made for the use of any school or for any school purpose within its jurisdiction and shall succeed to any gift, grant, donation, or legacy heretofore received by the regional board of school trustees, either from the township school trustees within their jurisdiction or from any other source, for the use of any school of the district served by the school board or for any other school purpose of that school district. All conveyances of real estate made to the school board of a school district under this Section shall be made to the school board in its corporate name and to its successors in office. (c) All school districts and high school districts may take and convey title to real estate to be improved by buildings or other structures for vocational or other educational training as provided in Section 10-23.3 of this Code. (d) Nothing in this Section shall be deemed to apply to any common school lands or lands granted or exchanged therefor or to the manner in which such lands are managed and controlled for the use and benefit of the school township and the schools of the township by the township land commissioners, the regional board of school trustees (acting as the township land commissioners), or the trustees of schools of the township, which hold legal title to those lands; and they may continue to receive gifts, grants, donations, or legacies made for the use of the school township and for the schools of the township generally in the same manner as such gifts, grants, donations, or legacies were made prior to January 1, 1994.
(Source: P.A. 100-374, eff. 8-25-17.) |
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
(Text of Section from P.A. 103-8)
Sec. 10-22.36. Buildings for school purposes. (a) To build or purchase a building for school classroom or
instructional purposes upon the approval of a majority of the voters upon the
proposition at a referendum held for such purpose or in accordance with
Section 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the proper
election authority for submission in accordance with the general election law.
The questions of building one or more new buildings for school
purposes or office facilities, and issuing bonds for the purpose of
borrowing money to purchase one or more buildings or sites for such
buildings or office sites, to build one or more new buildings for school
purposes or office facilities or to make additions and improvements to
existing school buildings, may be combined into one or more propositions
on the ballot.
Before erecting, or purchasing or remodeling such a building the
board shall submit the plans and specifications respecting heating,
ventilating, lighting, seating, water supply, toilets and safety against
fire to the regional superintendent of schools having supervision and
control over the district, for approval in accordance with Section 2-3.12.
Notwithstanding any of the foregoing, no referendum shall be required
if the purchase, construction, or building of any
such
building (1) occurs while the building is being
leased by the school district or (2) is paid with (A) funds
derived from the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as a
grant under the
School Construction Law or (ii) as gifts or donations,
provided that no funds to purchase, construct, or build such building, other than lease
payments, are
derived from the district's bonded indebtedness or the tax levy of
the
district. Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building is paid with funds received from the County School Facility and Resources Occupation Tax Law under Section 5-1006.7 of the Counties Code or from the proceeds of bonds or other debt obligations secured by revenues obtained from that Law. Notwithstanding any of the foregoing, for Decatur School District Number 61, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, any COVID-19 pandemic relief program or funding source, including, but not limited to, Elementary and Secondary School Emergency Relief Fund grant proceeds. (b) Notwithstanding the provisions of subsection (a), for any school district: (i) that is a tier 1 school, (ii) that has a population of less than 50,000 inhabitants, (iii) whose student population is between 5,800 and 6,300, (iv) in which 57% to 62% of students are low-income, and (v) whose average district spending is between $10,000 to $12,000 per pupil, until July 1, 2025, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, the federal Consolidated Appropriations Act and the federal American Rescue Plan Act of 2021. For this subsection (b), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's Internet website.
(c) Notwithstanding the provisions of subsection (a) and (b), for Cahokia Community Unit School District 187, no referendum shall be required for the lease of any building for school or educational purposes if the cost is paid or will be paid with funds available at the time of the lease in the district's existing fund balances to fund the lease of a building during the 2023-2024 or 2024-2025 school year. For the purposes of this subsection (c), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to lease a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering leasing must be provided at least 10 days prior to the hearing by publication on the school district's website. (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-509)
Sec. 10-22.36. Buildings for school purposes. (a) To build or purchase a building for school classroom or
instructional purposes upon the approval of a majority of the voters upon the
proposition at a referendum held for such purpose or in accordance with
Section 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the proper
election authority for submission in accordance with the general election law.
The questions of building one or more new buildings for school
purposes or office facilities, and issuing bonds for the purpose of
borrowing money to purchase one or more buildings or sites for such
buildings or office sites, to build one or more new buildings for school
purposes or office facilities or to make additions and improvements to
existing school buildings, may be combined into one or more propositions
on the ballot.
Before erecting, or purchasing or remodeling such a building the
board shall submit the plans and specifications respecting heating,
ventilating, lighting, seating, water supply, toilets and safety against
fire to the regional superintendent of schools having supervision and
control over the district, for approval in accordance with Section 2-3.12.
Notwithstanding any of the foregoing, no referendum shall be required
if the purchase, construction, or building of any
such
building (1) occurs while the building is being
leased by the school district or (2) is paid with (A) funds
derived from the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as a
grant under the
School Construction Law or (ii) as gifts or donations,
provided that no funds to purchase, construct, or build such building, other than lease
payments, are
derived from the district's bonded indebtedness or the tax levy of
the
district. Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building is paid with funds received from the County School Facility and Resources Occupation Tax Law under Section 5-1006.7 of the Counties Code or from the proceeds of bonds or other debt obligations secured by revenues obtained from that Law. Notwithstanding any of the foregoing, for Decatur School District Number 61, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, any COVID-19 pandemic relief program or funding source, including, but not limited to, Elementary and Secondary School Emergency Relief Fund grant proceeds. (b) Notwithstanding the provisions of subsection (a), for any school district: (i) that is a tier 1 school, (ii) that has a population of less than 50,000 inhabitants, (iii) whose student population is between 5,800 and 6,300, (iv) in which 57% to 62% of students are low-income, and (v) whose average district spending is between $10,000 to $12,000 per pupil, until July 1, 2025, no referendum shall be required if at least 50% of the cost of the purchase, construction, or building of any such building is paid, or will be paid, with funds received or expected to be received as part of, or otherwise derived from, the federal Consolidated Appropriations Act and the federal American Rescue Plan Act of 2021. For this subsection (b), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's Internet website.
(c) Notwithstanding the provisions of subsection (a) and (b), for Bloomington School District 87, no referendum shall be required for the purchase, construction, or building of any building for school or education purposes if such cost is paid, or will be paid with funds available at the time of contract, purchase, construction, or building in Bloomington School District Number 87's existing fund balances to fund the procurement or requisition of a building or site during the 2022-2023, 2023-2024, or 2024-2025 school years. For this subsection (c), the school board must hold at least 2 public hearings, the sole purpose of which shall be to discuss the decision to construct a school building and to receive input from the community. The notice of each public hearing that sets forth the time, date, place, and name or description of the school building that the school board is considering constructing must be provided at least 10 days prior to the hearing by publication on the school board's website. (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; 103-509, eff. 8-4-23.)
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(105 ILCS 5/10-22.36A) (from Ch. 122, par. 10-22.36A)
Sec. 10-22.36A.
Access Roads.
To lay out and construct any access road necessary to connect school
grounds, on which a new school is being or is about to be constructed, with
an improved road or highway. Such access road shall be considered a part of
the general construction of the school and such construction shall be
financed solely from funds derived from the sale of bonds.
(Source: P.A. 76-1499.)
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(105 ILCS 5/10-22.37) (from Ch. 122, par. 10-22.37)
Sec. 10-22.37.
Agreements with Teacher Training Institutions.
To enter into agreements with teacher training institutions to provide
facilities for student teaching in the schools of the district.
(Source: P.A. 76-620.)
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(105 ILCS 5/10-22.38) (from Ch. 122, par. 10-22.38)
Sec. 10-22.38.
Preschool children with disabilities.
Establish and maintain,
or to cooperate with other educational, governmental, social and
volunteer agencies in the establishment and carrying out of programs
designed to identify and ameliorate mental, emotional, physical and
social cultural disabilities in preschool age children below
the age of 3
that would prevent
such children from taking full advantage of regular school programs.
No school district is eligible for State reimbursement under Article 14
or Article 18 for programs provided to children with
disabilities under this Section.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/10-22.38a)
Sec. 10-22.38a. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-22.39) (Text of Section from P.A. 103-41) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10-22.39. In-service training programs. (a) To conduct in-service training programs for teachers. (b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b). A course of instruction as described in this subsection (b) may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to: (1) the recognition of and care for trauma in | ||
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(2) the relationship between educator wellness and | ||
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(3) the effect of trauma on student behavior and | ||
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(4) the prevalence of trauma among students, | ||
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(5) the effects of implicit or explicit bias on | ||
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(6) effective district practices that are shown to: (A) prevent and mitigate the negative effect of | ||
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(B) support the emotional wellness of staff. (c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training. (d) In this subsection (d): "Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim. At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence. (e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management. (f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel. (g) At least once every 2 years, a school board shall conduct in-service training on homelessness for all school personnel. The training shall include: (1) the definition of homeless children and youth | ||
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(2) the signs of homelessness and housing insecurity; (3) the rights of students experiencing homelessness | ||
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(4) the steps to take when a homeless or | ||
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(5) the appropriate referral techniques, including | ||
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A school board may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training. (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-41, eff. 8-20-24.) (Text of Section from P.A. 103-128) Sec. 10-22.39. In-service training programs. (a) To conduct in-service training programs for teachers. (b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b). A course of instruction as described in this subsection (b) may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to: (1) the recognition of and care for trauma in | ||
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(2) the relationship between educator wellness and | ||
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(3) the effect of trauma on student behavior and | ||
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(4) the prevalence of trauma among students, | ||
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(5) the effects of implicit or explicit bias on | ||
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(6) effective district practices that are shown to: (A) prevent and mitigate the negative effect of | ||
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(B) support the emotional wellness of staff. (c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training. (d) In this subsection (d): "Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim. At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence. (e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management. (f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel. (g) At least once every 2 years, a school board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. A school board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization. School district employees who are trained to respond to trauma pursuant to this subsection (g) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct. (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-128, eff. 6-30-23.) (Text of Section from P.A. 103-413) Sec. 10-22.39. In-service training programs. (a) To conduct in-service training programs for teachers. (b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b). A course of instruction as described in this subsection (b) must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code and may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to: (1) the recognition of and care for trauma in | ||
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(2) the relationship between educator wellness and | ||
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(3) the effect of trauma on student behavior and | ||
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(4) the prevalence of trauma among students, | ||
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(5) the effects of implicit or explicit bias on | ||
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(6) effective district practices that are shown to: (A) prevent and mitigate the negative effect of | ||
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(B) support the emotional wellness of staff. (c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training. (d) In this subsection (d): "Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim. At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence. (e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management. (f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel. (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-413, eff. 1-1-24.) (Text of Section from P.A. 103-542) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10-22.39. In-service training programs. (a) To conduct in-service training programs for teachers, administrators, and school support personnel. (b) In addition to other topics at in-service training programs listed in this Section, teachers, administrators, and school support personnel who work with pupils must be trained in the following topics: health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. In-service training programs in these topics shall be credited toward hours of professional development required for license renewal as outlined in subsection (e) of Section 21B-45. School support personnel may be exempt from in-service training if the training is not relevant to the work they do. Nurses and school nurses, as defined by Section 10-22.23, are exempt from training required in subsection (b-5). Beginning July 1, 2024, all teachers, administrators, and school support personnel shall complete training as outlined in Section 10-22.39 during an in-service training program conducted by their school board or through other training opportunities, including, but not limited to, institutes under Section 3-11. Such training must be completed within 6 months of employment by a school board and renewed at least once every 5 years, unless required more frequently by other State or federal law or in accordance with this Section. If teachers, administrators, or school support personnel obtain training outside of an in-service training program or from a previous public school district or nonpublic school employer, they may present documentation showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. Training may be delivered through online, asynchronous means. (b-5) Training regarding health conditions of students for staff required by this Section shall include, but is not limited to: (1) Chronic health conditions of students. (2) Anaphylactic reactions and management. Such | ||
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(3) The management of asthma, the prevention of | ||
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(4) The basics of seizure recognition and first aid | ||
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(5) The basics of diabetes care, how to identify when | ||
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(6) Current best practices regarding the | ||
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(7) Instruction on how to respond to an incident | ||
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In consultation with professional organizations with expertise in student health issues, including, but not limited to, asthma management, anaphylactic reactions, seizure recognition, and diabetes care, the State Board of Education shall make available resource materials for educating school personnel about student health conditions and emergency response in the school setting. A school board may satisfy the life-threatening bleeding training under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization. (b-10) The training regarding social-emotional learning, for staff required by this Section may include, at a minimum, providing education to all school personnel about the content of the Illinois Social and Emotional Learning Standards, how those standards apply to everyday school interactions, and examples of how social emotional learning can be integrated into instructional practices across all grades and subjects. (b-15) The training regarding developing cultural competency for staff required by this Section shall include, but is not limited to, understanding and reducing implicit bias, including implicit racial bias. As used in this subsection, "implicit racial bias" has the meaning set forth in Section 10-20.61. (b-20) The training regarding identifying warning signs of mental illness, trauma, and suicidal behavior in youth for staff required by this Section shall include, but is not limited to, appropriate intervention and referral techniques, including resources and guidelines as outlined in Section 2-3.166. Illinois Mental Health First Aid training, established under the Illinois Mental Health First Aid Training Act, may satisfy the requirements of this subsection. If teachers, administrators, or school support personnel obtain mental health first aid training outside of an in-service training program, they may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection. (b-25) As used in this subsection: "Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim. The training regarding domestic and sexual violence and the needs of expectant and parenting youth for staff required by this Section must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth, and shall include, but is not limited to: (1) communicating with and listening to youth victims | ||
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(2) connecting youth victims of domestic or sexual | ||
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(3) implementing the school district's policies, | ||
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(4) procedures for responding to incidents of teen | ||
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(b-30) The training regarding protections and accommodations for students shall include, but is not limited to, instruction on the federal Americans with Disabilities Act, as it pertains to the school environment, and homelessness. Beginning with the 2024-2025 school year, training on homelessness must be completed within 6 months of an employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter. Training on homelessness shall include the following: (1) the definition of homeless children and youths | ||
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(2) the signs of homelessness and housing insecurity; (3) the rights of students experiencing homelessness | ||
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(4) the steps to take when a homeless or | ||
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(5) the appropriate referral techniques, including | ||
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School boards may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training. (b-35) The training regarding educator ethics and responding to child sexual abuse and grooming behavior shall include, but is not limited to, teacher-student conduct, school employee-student conduct, and evidence-informed training on preventing, recognizing, reporting, and responding to child sexual abuse and grooming as outlined in Section 10-23.13. (b-40) The training regarding effective instruction in violence prevention and conflict resolution required by this Section shall be conducted in accordance with the requirements of Section 27-23.4. (c) Beginning July 1, 2024, all nonpublic elementary and secondary school teachers, administrators, and school support personnel shall complete the training set forth in subsection (b-5). Training must be completed within 6 months of first being employed by a nonpublic school and renewed at least once every 5 years, unless required more frequently by other State or federal law. If nonpublic teachers, administrators, or school support personnel obtain training from a public school district or nonpublic school employer, the teacher, administrator, or school support personnel may present documentation to the nonpublic school showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/10-22.40) (from Ch. 122, par. 10-22.40)
Sec. 10-22.40.
Membership dues.
To pay State and national association
membership dues to school associations which benefit students by participation
or accreditation. Any association subject to Article 23 of this Act must
be in current compliance with the reporting requirements of Section 23-6
in order to qualify as a recipient of membership dues under this Section.
No dues may be paid to any association which has as one of its purposes
providing for athletic and other competition among schools and students
unless that association:
A. permits a post audit by the Auditor General under the Illinois
State Auditing Act;
B. submits an annual report to the State Board of Education dealing
with trends in female participation in athletic competition, including the
numbers of female and male participants from each member school and details
on programs by the association to increase female participation; and
C. is either subject to, or voluntarily complies with, the
public access provisions set forth for State agencies in Sections 3 and 4
of The State Records Act.
(Source: P.A. 84-1308.)
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(105 ILCS 5/10-22.40a) (from Ch. 122, par. 10-22.40a)
Sec. 10-22.40a.
Where a collective bargaining agreement is entered into
with an employee representative organization, the school board may include
in the agreement a provision requiring employees covered by the agreement
who are not members of the representative organization to pay their proportionate
share of the cost of the collective bargaining process and contract administration,
measured by the amount of dues uniformly required by members. In such case,
proportionate share payments shall be deducted by the board from the earnings
of the non-member employees and paid to the representative organization.
(Source: P.A. 82-107.)
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(105 ILCS 5/10-22.41) (from Ch. 122, par. 10-22.41)
Sec. 10-22.41.
Placement of eligible children into corrective curriculum.
To place or by regulation to authorize the director of special education
to place, pursuant to procedures required in Article 14 of this
Act and rules and regulations promulgated by the State Board of Education,
eligible children into special education programs designed to benefit the
types of children defined in
Sections 14-1.02 through 14-1.07;
provided that children with disabilities who are
recommended to be placed
into regular education classrooms are provided with supplementary services
to assist the children with disabilities to benefit from
the regular education
classroom instruction and are included on the teacher's regular education
class register.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/10-22.42) (from Ch. 122, par. 10-22.42)
Sec. 10-22.42.
To contract with the corporate authorities of any municipality or the
county board of any county, as the case may be, to provide for the
regulation of traffic in parking areas of property used for school purposes
in such manner as is provided by Section 11-209 of the Illinois Vehicle
Code.
(Source: P.A. 77-1849.)
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(105 ILCS 5/10-22.43) (from Ch. 122, par. 10-22.43)
Sec. 10-22.43.
Credit for Proficiency in Foreign Language.
To grant one year of high school foreign language credit to any student
who has graduated from an accredited elementary school and who can
demonstrate proficiency in a language other than English. For purposes of
this Section, proficiency in American Sign Language shall be deemed
proficiency in a foreign language for which one year of high school
foreign language credit may be granted. Proficiency shall
be determined by academic criteria acceptable to local school boards.
(Source: P.A. 86-623.)
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(105 ILCS 5/10-22.43a) (from Ch. 122, par. 10-22.43a)
Sec. 10-22.43a.
Foreign language credit.
To award or provide for the
awarding of high school credit to high school students who have studied
a foreign language in an approved ethnic school program. The amount of
credit awarded shall be roughly equivalent to the amount of credit the student
would have received if he or she had reached the same level of foreign language
proficiency at a public high school as he or she achieved at the ethnic
school. The school board may require a student seeking foreign language
credit under this Section to successfully complete a foreign language proficiency
examination.
(Source: P.A. 83-794.)
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(105 ILCS 5/10-22.44) (from Ch. 122, par. 10-22.44)
Sec. 10-22.44.
To transfer the interest earned from any moneys of the
district in the respective fund of the district that is most in need of such
interest income, as determined by the board. This Section does not apply to
any interest earned which has been earmarked or restricted by the board for a
designated purpose. This Section does not apply to any interest earned on any
funds for purposes of Illinois Municipal Retirement under the Pension Code,
Tort Immunity under the Local Governmental and Governmental Employees Tort
Immunity Act, Fire Prevention, Safety, Energy Conservation and School Security
Purposes under Section 17-2.11, and Capital Improvements under Section 17-2.3.
Interest earned on these exempted funds shall be used only for the purposes
authorized for the respective exempted funds from which the interest earnings
were derived.
Any high school district whose territory is in 2 counties and that is eligible for Section 8002 Federal Impact Aid may make a one-time declaration as to interest income (earnings on investments) not previously declared as such from 1998 through 2011 in the debt service fund, declaring said moneys as interest earnings on or before June 30, 2016. Any such earnings income so declared shall thereafter, for purposes of this Code, be considered interest earnings and shall be subject to all provisions of this Code related thereto. (Source: P.A. 99-404, eff. 8-19-15.)
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(105 ILCS 5/10-22.45) (from Ch. 122, par. 10-22.45)
Sec. 10-22.45.
To establish an audit committee, and to appoint members
of the board or other appropriate officers to the committee, to review audit
reports and any other financial reports and documents, including management
letters prepared by or on behalf of the board.
(Source: P.A. 82-644.)
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(105 ILCS 5/10-23) (from Ch. 122, par. 10-23)
Sec. 10-23.
Additional powers of board.
Boards of education have the additional powers enumerated in Sections
10-23.1 through 10-23.12.
(Source: P.A. 84-1308.)
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(105 ILCS 5/10-23.1) (from Ch. 122, par. 10-23.1)
Sec. 10-23.1.
Residence for superintendent, principal or teachers.
To purchase a site, with or without a building or buildings thereon,
to build a house or houses on such site or to build a house or houses on
the school site of the school district, for residential purposes of the
superintendent, principal, or teachers of the school district, if
authorized by a majority of all votes cast on the proposition or
propositions at a regular scheduled election held
for the purpose in pursuance of a
petition signed by not fewer than 300 voters or by 1/5 of all the
voters of the district, whichever is lesser. Such referendum shall
be certified to the proper election authorities and submitted in accordance
with the general election law. When any of such property
is not needed for residential purposes by the superintendent, principal,
or teachers, the board of education may rent it to some other person or
persons.
(Source: P.A. 81-1489.)
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(105 ILCS 5/10-23.2) (from Ch. 122, par. 10-23.2)
Sec. 10-23.2.
Nursery schools.
In all districts maintaining grades 1 to 8 or 1 to 12, to establish
nursery schools for the instruction of children between the ages of 2 and 6
years, if, in its judgment public interest requires them and sufficient
funds obtained from local and federal sources other than local district
taxes are available to pay the necessary expenses thereof; provided, that
the school board shall at all times have complete jurisdiction and control
over such schools, including the employment of teachers, attendants and any
other employees, and shall have complete control of the expenditure of such
funds in connection with the establishment and maintenance of such schools.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-23.3) (from Ch. 122, par. 10-23.3)
Sec. 10-23.3.
Real estate for vocational and other training.
After
provision
has been made for the payment of all school expenses, to appropriate from
the educational fund school funds or to borrow funds for the purchase of
real estate and for the improvement by construction of buildings or other
structures, or improved real estate in a deteriorated or uninhabitable
condition,
for vocational and other educational training of pupils, and as incident
thereto and when authorized or requested by resolution adopted by the
affirmative vote of two-thirds of the members of the school board, to acquire
title to the real estate in the name
of the school district
and sell and convey it; provided: that no such property shall be so bought
or used as a schoolhouse or for permanent use as school property; that such
property so purchased and improved shall be sold or otherwise disposed of
within 5 years from the date of its acquisition; that not more than one
piece of real estate to be improved and one piece of improved real state
in a deteriorated or uninhabitable condition may be so purchased for each
secondary school or area vocational center which offers vocational training
within the school district for any such purpose in any one calendar year,
unless additional properties are examined and approved by the Superintendent
of the Educational Service Region in the county in which the district is
located, for larger training programs necessitating more property to
accommodate
larger student enrollments; and that no such real estate may be acquired
for
any such purpose by means of eminent domain proceedings. If the school board
does not hold legal title to the school site or other school property that is
to be used for any purpose authorized by this Section, then
upon the
adoption of the resolution by 2/3 of the board members of the
district requesting
the conveyance of a school site or other school property or a portion thereof
the trustees of schools or other school official having legal title to such
property shall convey such property to such school district as provided in
Section 5-21.
(Source: P.A. 88-155.)
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(105 ILCS 5/10-23.3a) (from Ch. 122, par. 10-23.3a)
Sec. 10-23.3a.
Conduct of business for vocational training.
To independently operate or cooperate with existing companies in the
operation of a business or businesses for the sole purpose of providing
training for students in vocational education programs. Any proceeds from
said operation shall be applied towards the costs of establishing and
maintaining these businesses. Regarding businesses with which the school
board cooperates in operating for vocational training purposes, the school
board shall receive a semi-annual account from each cooperating company of
all costs and proceeds attributable to the student business-training
program. Should the proceeds ever exceed the establishment and maintenance
costs, then that excess shall only be directed toward expanding
business-operation training in vocational education programs.
(Source: P.A. 77-664.)
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(105 ILCS 5/10-23.4) (from Ch. 122, par. 10-23.4)
Sec. 10-23.4.
Purchase of school bus.
To purchase, maintain, repair and operate school buses and by resolution
of the board to enter into a contract for the purchase of buses to be paid
for within three years of the date of the resolution or over such longer
period of time as does not exceed the depreciable life of the vehicle.
(Source: P.A. 85-1389.)
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(105 ILCS 5/10-23.4a) (from Ch. 122, par. 10-23.4a)
Sec. 10-23.4a.
To enter into a lease for a period of not to exceed 5 years
for such equipment and machinery as may be required for corporate purposes
when authorized by the affirmative vote of two-thirds of the members of the
board of education.
(Source: Laws 1961, p. 2890.)
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(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 5/10-23.6) (from Ch. 122, par. 10-23.6)
Sec. 10-23.6.
Sites out of district.
A school district, including any special charter school district, having
100,000 or more inhabitants and maintaining grades 1 through 12 may acquire
a school site in any other school district which does not maintain a
recognized public high school, provided that such site lies within two
miles of the boundaries of such school district, and may build, operate and
maintain a school maintaining grades 9 through 12 upon any site so
acquired, and for these purposes may borrow money and issue bonds as
otherwise provided by law and charge and receive tuition for students
attending said school from any other school district, to the same effect as
if said school had been constructed within the boundaries of said school
district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10-23.7) (from Ch. 122, par. 10-23.7)
Sec. 10-23.7.
Special Charter district - Adoption of Article 10.
This Article may be adopted by the electors of any special charter
school district, in the following manner:
The board of such district may, and upon petition of 10% of the
voters residing in such district, shall order submitted
to the voters of such
district the question whether Article 10 of the School Code shall be
adopted at a regular scheduled election to be held in accordance
with the general election law. The board shall certify the proposition to
the proper election authorities for submission to the electors.
If the vote is favorable to the adoption of this Article, the
transitional provisions of Section 10 of this Article shall apply as
though the effective date of this Act were the day of such referendum.
If the adoption of this Article is rejected, the proposition shall
not be resubmitted within 22 months.
(Source: P.A. 81-1489.)
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(105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
Sec. 10-23.8. Superintendent contracts. After the effective date of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory Act, school
districts may only employ a superintendent or, if authorized by law, a chief executive officer under either a
contract for a period not exceeding one year or a
performance-based
contract for a
period not exceeding 5 years.
Performance-based contracts shall be linked to student
performance and academic improvement within the schools of the districts. No
performance-based contract shall be extended or rolled-over prior to
its scheduled expiration unless all the performance and improvement goals
contained
in the contract have been met. Each performance-based contract
shall include the goals and indicators of student performance and academic
improvement determined and used by the local school board to measure the
performance and effectiveness of the superintendent and such other information
as the local school board may determine.
By accepting the terms of a multi-year contract, the
superintendent or chief executive officer waives all rights granted him or her under Sections
24-11 through 24-16 of this Act only for the term of the multi-year
contract. Upon acceptance of a multi-year contract, the superintendent or chief executive officer shall
not lose any previously acquired tenure credit with the district.
(Source: P.A. 99-846, eff. 6-1-17.)
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(105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
Sec. 10-23.8a. Principal, assistant principal, and other administrator contracts. After the effective date of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory Act, school
districts may only employ principals, assistant principals, and other school administrators under either a
contract for a period not to exceed one year or a performance-based contract for a period not to exceed 5
years, unless the provisions of Section 10-23.8b of this Code or subsection (e) of Section 24A-15 of this Code otherwise apply.
Performance-based contracts shall be linked to student
performance and academic improvement attributable to the responsibilities and
duties of the principal, assistant principal, or administrator. No performance-based
contract shall be extended or rolled-over prior to its scheduled expiration
unless
all the performance and improvement goals contained in the contract have been
met.
Each performance-based contract shall include the goals and
indicators of student performance and academic improvement determined and used
by the local school board to measure the performance and effectiveness of the
principal, assistant principal, or other administrator and such other information as the local school
board may determine.
By accepting the terms of a multi-year contract, the principal, assistant principal, or
administrator waives
all rights granted him or her under Sections 24-11 through 24-16 of this
Act only for
the term of the multi-year contract. Upon acceptance of a multi-year
contract, the principal, assistant principal, or administrator shall not lose any previously
acquired tenure credit with the district.
(Source: P.A. 97-217, eff. 7-28-11.)
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(105 ILCS 5/10-23.8b) (from Ch. 122, par. 10-23.8b)
Sec. 10-23.8b. Reclassification of principals and assistant principals. Upon non-renewal of a principal's or assistant principal's administrative contract, the principal or assistant principal shall be reclassified pursuant to this Section. No principal or assistant principal may be reclassified by demotion or reduction in rank from one
position within a school district to another for which a lower salary is
paid without written notice from the board of the proposed reclassification
by April 1 of the year in which the contract expires.
Within 10 days of the principal's or assistant principal's receipt of this notice,
the school board shall provide the principal or assistant principal with a written statement of
the facts regarding reclassification, and the principal or assistant principal may
request and receive a private hearing with the board to discuss the
reasons for the reclassification. If the principal or assistant principal is not satisfied with
the results of the private hearing, he or she may, within 5 days thereafter,
request and receive a public hearing on the reclassification. Any
principal or assistant principal may be represented by counsel at a private or public hearing
conducted under this Section.
If the board decides to proceed with the reclassification, it shall
give the principal or assistant principal written notice of its decision within 15 days of the
private hearing or within 15 days of the public hearing held under this
Section whichever is later. The decision of the board thereupon becomes
final.
Nothing in this Section prohibits a board from ordering lateral
transfers of principals or assistant principals to positions of similar rank and equal salary.
The changes made by Public Act 94-201 are declaratory of existing law.
(Source: P.A. 97-217, eff. 7-28-11.)
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(105 ILCS 5/10-23.9)
Sec. 10-23.9. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/10-23.10) (from Ch. 122, par. 10-23.10)
Sec. 10-23.10.
(a) To sell or market any computer program developed
by an employee of the school district, provided that such employee developed
the computer program as a direct result of his or her duties with the
school district or through the utilization of the school district resources
or facilities. The employee who developed the computer program shall be
entitled to share in the proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the employee and the
school district shall be as agreed upon by the employee and the school
district, except that neither the employee nor the school district may receive more
than 90% of such proceeds. The negotiation for an employee who is represented
by an exclusive bargaining representative under Section 3-14.24 may be
conducted by such bargaining representative at the employee's request.
(b) For the purposes of this Section:
(1) "Computer" means an internally programmed, general purpose digital
device capable of automatically accepting data, processing data and supplying
the results of the operation.
(2) "Computer program" means a series of coded instructions or statements
in a form acceptable to a computer, which causes the computer to process
data in order to achieve a certain result.
(3) "Proceeds" means profits derived from marketing or sale of a product
after deducting the expenses of developing and marketing such product.
(Source: P.A. 83-797.)
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(105 ILCS 5/10-23.11) (from Ch. 122, par. 10-23.11)
Sec. 10-23.11.
To accept payment for student fees and expenses through
the use of credit cards and to negotiate and execute such contracts as may
be necessary to accept such credit card payments.
In this context, "credit card" means any instrument or device, whether
known as a credit card, credit plate, charge plate or any other name,
issued with or without fee by an issuer for the use of the cardholder in
obtaining money, goods, services or anything else of value on credit or in
consideration of an undertaking or guaranty by the issuer of the payment of
a check drawn by the cardholder.
(Source: P.A. 84-388.)
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(105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12) (Text of Section before amendment by P.A. 103-542) Sec. 10-23.12. Child abuse and neglect; detection, reporting, and prevention; willful or negligent failure to report. (a) To provide staff development for local school site personnel who work with pupils in grades kindergarten through 8 in the detection, reporting, and prevention of child abuse and neglect. (b) The Department of Children and Family Services may, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6 of the Abused and Neglected Child Reporting Act, including methods of making a report under Section 7 of the Abused and Neglected Child Reporting Act, to be displayed in a clearly visible location in each school building. (c) Except for an employee licensed under Article 21B of this Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. For purposes of this subsection (c), negligent failure to report an instance of suspected child abuse or neglect occurs when a school district employee personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 101-531, eff. 8-23-19.) (Text of Section after amendment by P.A. 103-542) Sec. 10-23.12. Child abuse and neglect; willful or negligent failure to report. (a) (Blank). (b) (Blank). (c) Except for an employee licensed under Article 21B of this Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. For purposes of this subsection (c), negligent failure to report an instance of suspected child abuse or neglect occurs when a school district employee personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. (Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(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, | ||
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(1.5) evidence-informed training for school personnel | ||
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(2) options that a student who is a victim of sexual | ||
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(3) available counseling options for students | ||
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(4) methods for educating school personnel, students, | ||
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(5) education and information about children's | ||
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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.) |
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, school counselors, and
support staff, shall immediately notify the office of the principal in the
event that they observe any person in possession of a firearm on school
grounds; provided that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety, or welfare of
students who are under the direct supervision of the school official or the
school official. If the health, safety, or welfare of students under the
direct supervision of the school official or of the school official is
immediately endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision and he or she
are no longer under immediate danger. A report is not required by this Section
when the school official knows that the person in possession of the firearm is
a law enforcement official engaged in the conduct of his or her official
duties. Any school official acting in good faith who makes such a report under
this Section shall have immunity from any civil or criminal liability that
might otherwise be incurred as a result of making the report. The identity of
the school official making such report shall not be disclosed except as
expressly and specifically authorized by law. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or subsequent offense
is a Class C misdemeanor.
(b) Upon receiving a report from any school official pursuant to this
Section, or from any other person, the principal or his or her designee shall
immediately notify a local law enforcement agency. If the person found to be
in possession of a firearm on school grounds is a student, the principal or
his or her designee shall also immediately notify that student's parent or
guardian. Any principal or his or her designee acting in good faith who makes
such reports under this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a result of making
the reports. Knowingly and willfully failing to comply with this Section is a
petty offense. A second or subsequent offense is a Class C misdemeanor. If
the person found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor until such time as
the agency makes a determination pursuant to clause (a) of subsection (1) of
Section 5-401 of the Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law enforcement
agency determines that probable cause exists to believe that the minor
committed a violation of item (4) of subsection (a) of Section 24-1 of the
Criminal Code of 2012 while on school grounds, the agency shall detain the
minor for processing pursuant to Section 5-407 of the Juvenile Court Act of
1987.
(c) 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 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 immediately, who shall report to the Illinois State Police in a form, manner, and frequency as prescribed by the Illinois State Police.
The State Board of Education shall receive an annual statistical compilation
and related data associated with incidents involving firearms in schools from
the Illinois State Police. The State Board of Education shall compile
this information by school district and make it available to the public.
(d) 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.
As used in this Section, the term "school" means any public or private
elementary or secondary school.
As used in this Section, the term "school grounds" includes the real property
comprising any school, any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school-related activity, or any
public way within 1,000 feet of the real property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
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(105 ILCS 5/10-27.1B)
Sec. 10-27.1B. Reporting drug-related incidents in schools.
(a) In this Section:
"Drug" means "cannabis" as defined under subsection (a) of Section 3 of the
Cannabis Control Act, "narcotic drug" as defined under subsection (aa) of
Section 102
of the Illinois Controlled Substances Act, or "methamphetamine" as defined under Section 10 of the Methamphetamine Control and Community Protection Act.
"School" means any public or private elementary or secondary school.
(b) Upon receipt of any written, electronic, or verbal report from any
school
personnel regarding a verified incident involving drugs 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 superintendent or his or her
designee, or other appropriate administrative officer for a private school,
shall
report all such drug-related incidents occurring in a school or on school
property to the
local law enforcement authorities immediately and to the Illinois State Police in a
form, manner, and frequency as prescribed by the Illinois State Police.
(c) The State Board of Education shall receive an annual statistical
compilation
and related data associated with drug-related incidents in schools from the
Illinois State Police. The State Board of Education shall compile this information by
school
district and make it available to the public.
(Source: P.A. 102-538, eff. 8-20-21.)
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(105 ILCS 5/10-28)
Sec. 10-28. Sharing information on school lunch applicants. A school board shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of Public Aid),
agree in writing with the Department of Healthcare and Family Services (as
the State agency that administers the State Medical Assistance Program
as provided in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI of the
federal Social Security Act) to share with the Department of Healthcare and Family Services
information on applicants for free or reduced-price lunches.
A school board shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of Public
Aid), require each of its schools to agree in writing with the Department of Healthcare and Family Services to share with the Department of Healthcare and Family Services information on
applicants for free or reduced-price lunches.
This
sharing of information shall be for the sole purpose of helping the
Department of Healthcare and Family Services identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance Program or
both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
(Source: P.A. 95-331, eff. 8-21-07.)
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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 | ||
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(A) Criteria for determining that a remote | ||
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(B) Any limitations on the number of students or | ||
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(C) A description of the process that the school | ||
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(D) A description of the process the school | ||
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(E) A description of the system the school | ||
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(F) A description of the process for renewing a | ||
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(G) Such other terms and provisions as the | ||
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(2) The school district has determined that the | ||
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(3) The remote educational program is delivered by | ||
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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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(4) During the period of time from and including the | ||
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(5) Each student participating in a remote | ||
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(A) Specific achievement goals for the student | ||
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(B) A description of all assessments that will be | ||
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(C) A description of the progress reports that | ||
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(D) Expectations, processes, and schedules for | ||
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(E) A description of the specific | ||
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(F) If applicable, a description of how the | ||
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(G) A description of the procedures and | ||
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(H) The identification of a parent, guardian, or | ||
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(I) The identification of a school district | ||
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(J) The term of the student's participation in | ||
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(K) A description of the specific location or | ||
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(L) Certification by the school district that the | ||
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(6) Students participating in a remote educational | ||
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(7) The term of a student's participation in a | ||
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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.) |
(105 ILCS 5/10-30) Sec. 10-30. Remote and blended remote learning. This Section applies if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (1) If the Governor has declared a disaster due to a | ||
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(2) For purposes of this Section, a remote learning | ||
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(3) For any district that does not implement an | ||
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(4) Each remote and blended remote learning day plan | ||
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(i) accessibility of the remote instruction to | ||
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(ii) if applicable, a requirement that the remote | ||
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(iii) a means for students to confer with an | ||
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(iv) the unique needs of students in special | ||
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(v) how the district will take attendance and | ||
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(vi) transitions from remote learning to on-site | ||
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(5) The district superintendent shall periodically | ||
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(6) Each remote and blended remote learning day plan | ||
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(7) This Section does not create any additional | ||
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(8) Statutory and regulatory curricular mandates and | ||
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(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/Art. 11A heading) ARTICLE 11A.
UNIT SCHOOL DISTRICT FORMATION
(Repealed)(Source: Repealed by P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/Art. 11B heading) ARTICLE 11B.
SCHOOL DISTRICT COMBINATION
(Repealed)(Source: Repealed by P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/Art. 11C heading) ARTICLE 11C.
ACCOUNTING PROCEDURES
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(105 ILCS 5/11C-1) (from Ch. 122, par. 11C-1)
Sec. 11C-1.
Appraisers.
The regional superintendent shall appoint one
or more appraisers to appraise all the tangible school property in the
district from which territory has been taken and the tangible school property
in such territory transferred. An appraiser or appraisers may be appointed
to appraise all such school property or one or more appraisers may be appointed
to appraise the different kinds of property as the regional superintendent
may direct. No appraiser shall be a resident of any district which is a
party to the accounting. The costs of the appraisal shall be borne by the
districts in the ratio in which they share in the assets appraised.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-2) (from Ch. 122, par. 11C-2)
Sec. 11C-2.
Appraisal guide.
In making such appraisal land shall be
appraised at its fair market value; other property shall be appraised at
its reproduction or replacement cost less depreciation and an allowance
for obsolescence, if any, but in no event shall any property be appraised
at more than its value for school purposes in the district in which it lies
after the change in boundaries or its resale value whichever is the higher.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-3) (from Ch. 122, par. 11C-3)
Sec. 11C-3.
Time for filing appraisals - Contest - Administrative
review. Within 30 days after their appointment the appraisers shall file
their appraisal or appraisals with the regional superintendent. Within 10
days thereafter the regional superintendent shall send
copies of such appraisals by registered mail to the secretary or clerk of
the board of each district which is a party to the accounting. If the board
of any district desires to contest any appraisal it shall file a statement
of its objections with the regional superintendent within 20 days
after the receipt of a copy of such appraisal. The regional superintendent
shall then fix a date for a hearing on such objections and give notice thereof
to each district which is a party to the accounting. Each
such district may offer evidence at the hearing and the appraisal shall
be considered by the regional superintendent as evidence of the
value of the property appraised. The regional superintendent shall
then consider the evidence and enter an order determining the value of the
property in question. Such order shall be deemed an "administrative decision"
as defined in the "Administrative Review Law" and any board which is a party
to the accounting may apply for a review of such decision in accordance
with the "Administrative Review Law" and all amendments and modifications
thereof and the rules adopted pursuant thereto.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-4) (from Ch. 122, par. 11C-4)
Sec. 11C-4.
Debited school property.
Each district from which territory
is taken shall be debited with the value of the school property remaining
in such district as above determined and each district which is created
so as to include a part of a district shall be debited with the value of
the school property lying within such part of a district.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-5) (from Ch. 122, par. 11C-5)
Sec. 11C-5.
Debited school funds.
Each district from which territory
is taken shall be debited with all funds in the possession of its treasurer
and of all other funds to which the district may be entitled, including
taxes in process of collection.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-6) (from Ch. 122, par. 11C-6)
Sec. 11C-6. Credited unfunded indebtedness. Each district from which
territory is taken shall be credited with all unfunded indebtedness of such
district and with the estimated cost of operating the schools of the district
for the balance of the school year if the district from which territory
is taken continues to administer the schools until the succeeding July 1.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/11C-7) (from Ch. 122, par. 11C-7)
Sec. 11C-7.
Credited appraised value of property and funds.
Each district
which is created so as to include a part of another district shall be credited
with the appraised value of the property and of the funds described in Sections
11C-4 and 11C-5 of this Act, less the unfunded indebtedness described in
Section 11C-6 of this Act, in the proportion which the number of children
in average daily attendance for the last full school year preceding the
filing of the petition from
the part of the district so included bears to the total number of children
in average daily attendance from such district for such period, and the
balance shall be credited
to the district from which territory is taken.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-8) (from Ch. 122, par. 11C-8)
Sec. 11C-8.
Reports.
The regional superintendent is hereby
given the power to require reports from the treasurer or any other officer
of the district from which territory is taken to give it any information
necessary for it to perform its functions hereunder and to require from time to time
transfers of funds from one treasurer to another, or if the districts have
a common treasurer from the funds held by such treasurer for one district
to the funds held by such treasurer for the other district as may be necessary
to give effect to the accounting herein provided for.
(Source: P.A. 83-686.)
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(105 ILCS 5/11C-9) (from Ch. 122, par. 11C-9)
Sec. 11C-9. Accounting waived. If the stipulation is refused by the regional
superintendent the boards of the districts affected by the change in boundaries
in the creation of a new district may waive accounting or stipulate
as to the valuation of any kind or parcel of property or as to a basis for
apportionment by concurrent
resolution filed with the regional superintendent prior to or within
30 days after the election of the school board for the newly created district.
Such resolution shall be subject to the approval of the regional superintendent
and if approved, the accounting shall be dispensed with or modified as the
resolution may provide.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/Art. 11D heading) ARTICLE 11D.
SCHOOL DISTRICT CONVERSION
(Repealed)Source: Repealed by P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/Art. 11E heading) ARTICLE 11E. CONVERSION AND FORMATION OF SCHOOL DISTRICTS
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-5) Sec. 11E-5. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the reorganization and formation of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-10) Sec. 11E-10. Definitions. In this Article: "Affected district" means any school district with territory included in a petition for reorganization under this Article that encompasses (i) 25% or more of the total land area of the district, (ii) more than 8% of the student enrollment of the district, or (iii) more than 8% of the equalized assessed valuation of the district. "Combined high school - unit district" means a school district resulting from the combination of a high school district and a unit district. "Combined school district" means any district resulting from the combination of 2 or more entire elementary districts, 2 or more entire high school districts, or 2 or more entire unit districts. "Dual district" means a high school district and all of its feeder elementary districts collectively. "Elementary district" means a school district organized and established for purposes of providing instruction up to and including grade 8. "Elementary district" includes common elementary school districts, consolidated elementary school districts, community consolidated school districts, combined elementary districts, and charter elementary districts. "Elementary purposes" means the purposes of providing instruction up to and including grade 8. "High school district" means a school district organized and established for purposes of providing instruction in grades 9 through 12. "High school district" includes charter high school districts, township high school districts, consolidated high school districts, community high school districts, and non-high school districts. "High school purposes" means the purposes of providing instruction in grades nine through 12. "High school - unit conversion" means a school district conversion authorized under subsection (a) of Section 11E-15 of this Code.
"K through 12 purposes" means the purposes of providing instruction up to and including grade 12.
"Multi-unit conversion" means the formation of a combined high school - unit district and one or more new elementary districts as authorized under subsection (b) of Section 11E-30 of this Code.
"Optional elementary unit district" means a unit district resulting from the combination of a high school district and the combination of any one or more elementary districts electing to organize as an optional elementary unit district. "Partial elementary unit district" means either a combined high school - unit district or an optional elementary unit district. "School board" means either a board of education or a board of school directors. "School district conversion" means a high school - unit conversion or a unit to dual conversion. "School needs" means the needs of the proposed school district and any districts in the area adjacent thereto in relation to, without limitation, providing a full range of high quality educational and extracurricular programs, maintaining a full complement of professional staff to deliver optimal educational services, meeting the program and staff needs of all students, including students with disabilities and students in career and technical education courses, maximizing community involvement in school governance, operating on an economically efficient basis, and maintaining a sufficient local tax base. "Substantially coterminous" means that a high school district and one or more elementary districts share the same boundaries or share the same boundaries except for territory encompassing, for a particular district, (i) less than 25% of the land area of the district, (ii) less than 8% of the student enrollment of the district, and (iii) less than 8% of the equalized assessed valuation of the district. "Unit district" means a school district organized and established for purposes of providing instruction up to and including grade 12. "Unit district" includes charter (K through 12) districts, community unit districts, community consolidated unit districts, other districts that, prior to the adoption of the community consolidated unit district and community unit district, authorizing legislation had expanded to provide instruction through the 12th grade (commonly referred to as "Old Type" unit districts), and partial elementary unit districts organized pursuant to the provisions of this Article.
"Unit to dual conversion" means a school district conversion authorized under subsection (b) of Section 11E-15 of this Code.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-15) Sec. 11E-15. School district conversion. (a)
One or more unit districts and one or more high school districts, all of which are contiguous, may, under the provisions of this Article, be converted into a dual district through the dissolution of the unit district or districts and the high school district or districts if the following apply: (1) each elementary district to be created includes | ||
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(2) the high school district to be created includes | ||
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(b) Two or more contiguous unit districts may, under the provisions of this Article, dissolve and form a single new high school district and new elementary districts that are based upon the boundaries of the dissolved unit districts.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-20) Sec. 11E-20. Combined school district formation. (a)(1) The territory of 2 or more entire contiguous elementary districts may be organized into a combined elementary district under the provisions of this Article. (2) Any 2 or more entire elementary districts that collectively are within or substantially coterminous with the boundaries of a high school district, regardless of whether the districts are compact and contiguous with each other, may be organized into a combined school district in accordance with this Article. (3) Any 2 or more entire elementary districts that are not contiguous may be organized into a combined school district in accordance with this Article if the following requirements are met and documented within 2 calendar years prior to the petition filing date: (A) the distance between each district administrative | ||
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(B) every district contiguous to a district wishing | ||
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(b)(1) The territory of 2 or more entire contiguous high school districts may be organized into a combined high school district under the provisions of this Article. (2) Any 2 or more entire high school districts that are not contiguous may be organized into a combined school district in accordance with this Article if the following requirements are met and documented within 2 calendar years prior to the petition filing date: (A) the distance between each district administrative | ||
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(B) every district contiguous to a district wishing | ||
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(c)(1) The territory of 2 or more entire contiguous unit districts may be organized into a combined unit district under the provisions of this Article.
(2) Any 2 or more entire unit districts that are not contiguous may be organized into a combined school district in accordance with this Article if the following requirements are met and documented within 2 calendar years prior to the petition filing date: (A) the distance between each district administrative | ||
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(B) every district contiguous to the district wishing | ||
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(Source: P.A. 98-125, eff. 8-2-13.) |
(105 ILCS 5/11E-25) Sec. 11E-25. Unit district formation. (a) Any contiguous and compact territory, no part of which is included within any unit district, may be organized into a unit district as provided in this Article. (b) The territory of one or more entire unit districts that are contiguous to each other, plus any contiguous and compact territory no part of which is included within any unit district, and the territory of which taken as a whole is compact may be organized into a unit district as provided in this Article.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-30) Sec. 11E-30. Partial elementary unit district formation. (a) One or more entire high school districts and one or more entire unit districts, all of which are contiguous, may be organized into a combined high school - unit district as provided in this Article. The combined high school - unit district shall serve all residents of the district for high school purposes and those residents residing in the portion of the territory included within the boundaries of the dissolved unit district or districts for elementary purposes. (b) One or more contiguous unit districts may, as provided in this Article, dissolve and form a single new combined high school - unit district and one or more new elementary districts. The boundaries of the new elementary district or districts shall be based upon the boundaries of the dissolved unit district or districts electing to join the combined high school - unit district only for high school purposes. Territory included within the boundaries of the new elementary district or districts shall be served by the new combined high school - unit district only for high school purposes. All other territory within the combined high school - unit district shall be served by the combined high school - unit district for both high school and elementary purposes. (c) A high school district and 2 or more elementary districts that collectively are substantially coterminous may seek to organize into an optional elementary unit district as provided in this Article, provided that territory comprising at least 51% of the equalized assessed valuation of the high school district is subject to a combined high school and elementary maximum annual authorized tax rate for educational purposes of 4.0% or less. The optional elementary unit district shall serve all residents of the district for high school purposes. The optional elementary unit district shall serve residents of only those elementary districts electing to join the optional elementary unit district, as determined in accordance with subsection (b) of Section 11E-65 of this Code, for elementary purposes. The corporate existence of any elementary district electing not to join the optional elementary unit district in accordance with subsection (b) of Section 11E-65 of this Code shall not be affected by the formation of an optional elementary unit district, and an elementary district electing not to join the optional elementary unit district shall continue to serve residents of the district for elementary purposes. (d)(1) For 5 years following the formation of an optional elementary unit district, any elementary district that elected not to join an optional elementary unit district for elementary purposes may elect to dissolve and combine with the optional elementary unit district by filing a petition that requests the submission of the proposition at a regularly scheduled election for the purpose of voting for or against joining the optional elementary unit district and that complies with the other provisions of this Article. (2) After an election in which an elementary district | ||
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(3) If all eligible elementary districts elect to | ||
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(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-35) Sec. 11E-35. Petition filing. (a) A petition shall be filed with the regional superintendent of schools of the educational service region in which the territory described in the petition or that part of the territory with the greater percentage of equalized assessed valuation is situated. The petition must do the following: (1) be signed by at least 50 legal resident voters or | ||
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(2) be approved by the school board in each affected | ||
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(b) The petition shall contain all of the following: (1) A request to submit the proposition at a regular | ||
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(A) for or against a high school - unit | ||
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(B) for or against a unit to dual conversion; (C) for or against the establishment of a | ||
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(D) for or against the establishment of a | ||
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(E) for or against the establishment of a | ||
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(F) for or against the establishment of a unit | ||
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(G) for or against the establishment of a unit | ||
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(H) for or against the establishment of a | ||
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(I) for or against the establishment of a | ||
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(J) for or against the establishment of an | ||
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(K) for or against dissolving and becoming part | ||
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(2) A description of the territory comprising the | ||
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(3) A specification of the maximum tax rates for | ||
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(4) A description of how supplementary State deficit | ||
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(5) Where applicable, a division of assets and | ||
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(6) If desired, a request that at that same election | ||
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(7) If desired, a request that the referendum at | ||
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(8) If desired, a request that the referendum at | ||
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(9) If desired, a request that the referendum at | ||
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(10) A designation of a committee of ten of the | ||
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(c) The regional superintendent of schools shall not accept for filing under the authority of this Section any petition that includes any territory already included as part of the territory described in another pending petition filed under the authority of this Section. (d)(1) Those designated as the Committee of Ten shall serve in that capacity until such time as the regional superintendent of schools determines that, because of death, resignation, transfer of residency from the territory, failure to qualify, or any other reason, the office of a particular member of the Committee of Ten is vacant. Upon determination by the regional superintendent of schools that these vacancies exist, he or she shall declare the vacancies and shall notify the remaining members to appoint a petitioner or petitioners, as the case may be, to fill the vacancies in the Committee of Ten so designated. An appointment by the Committee of Ten to fill a vacancy shall be made by a simple majority vote of the designated remaining members. (2) Failure of a person designated as a member of the Committee of Ten to sign the petition shall not disqualify that person as a member of the Committee of Ten, and that person may sign the petition at any time prior to final disposition of the petition and the conclusion of the proceedings to form a new school district or districts, including all litigation pertaining to the petition or proceedings. (3) Except as stated in item (10) of subsection (b) of this Section, the Committee of Ten shall act by majority vote of the membership. (4) The regional superintendent of schools may accept a stipulation made by the Committee of Ten instead of evidence or proof of the matter stipulated or may refuse to accept the stipulation, provided that the regional superintendent sets forth the basis for the refusal. (5) The Committee of Ten may voluntarily dismiss its petition at any time before a final decision is issued by the State Superintendent of Education.
(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
(105 ILCS 5/11E-40) Sec. 11E-40. Notice and petition amendments.
(a) Upon the filing of a petition with the regional superintendent of schools as provided in Section 11E-35 of this Code, the regional superintendent shall do all of the following: (1) Cause a copy of the petition to be given to each | ||
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(2) Cause a notice thereof to be published at least | ||
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(b) The notice shall state all of the following: (1) When and to whom the petition was presented. (2) The prayer of the petition. (3) A description of the territory comprising the | ||
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(4) If applicable, the proposition to elect, by | ||
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(5) If requested in the petition, the proposition to | ||
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(6) The day, time, and location on which the hearing | ||
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(c) The requirements of subsection (g) of Section 28-2 of the Election Code do not apply to any petition filed under this Article. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including without limitation signatures on the petition, subject to State Superintendent and administrative review in accordance with Section 11E-50 of this Code. (d) Prior to the hearing described in Section 11E-45 of this Code, the regional superintendent of schools shall inform the Committee of Ten as to whether the petition, as amended or filed, is proper and in compliance with all applicable petition requirements set forth in the Election Code. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements set forth in the Election Code, the regional superintendent must identify the specific alleged defects in the petition and include specific recommendations to cure the alleged defects. The Committee of Ten may amend the petition to cure the alleged defects at any time prior to the receipt of the regional superintendent's written order made in accordance with subsection (a) of Section 11E-50 of this Code or may elect not to amend the petition, in which case the Committee of Ten may appeal a denial by the regional superintendent following the hearing in accordance with Section 11E-50 of this Code.
(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
(105 ILCS 5/11E-45) Sec. 11E-45. Hearing. (a) No more than 15 days after the last date on which the required notice under Section 11E-40 of this Code is published, the regional superintendent of schools with whom the petition is required to be filed shall hold a hearing on the petition. Prior to the hearing, the Committee of Ten shall submit to the regional superintendent maps showing the districts involved and any other information deemed pertinent by the Committee of Ten to the proposed action. The regional superintendent of schools may adjourn the hearing from time to time or may continue the matter for want of sufficient notice or other good cause. (b) At the hearing, the regional superintendent of schools shall allow public testimony on the action proposed in the petition. The Committee of Ten shall present, or arrange for the presentation of all of the following: (1) Evidence as to the school needs and conditions in | ||
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(2) Evidence with respect to the ability of the | ||
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(3) A consideration of the division of funds and | ||
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(4) A description of the maximum tax rates the | ||
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(5) For a non-contiguous combined school district, as | ||
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(c) Any regional superintendent of schools entitled under the provisions of this Article to be given a copy of the petition and any resident or representative of a school district in which
any territory described in the petition is situated may appear in person or by an attorney at law to provide oral or written testimony or both in relation to the action proposed in the petition. (d) The regional superintendent of schools shall arrange for a written transcript of the hearing. The expense of the written transcript shall be borne by the petitioners and paid on behalf of the petitioners by the Committee of Ten.
(Source: P.A. 98-125, eff. 8-2-13.) |
(105 ILCS 5/11E-50) Sec. 11E-50. Approval or denial of the petition; administrative review. (a) Within 14 days after the conclusion of the hearing under Section 11E-45 of this Code, the regional superintendent of schools shall take into consideration the school needs and conditions of the affected districts and in the area adjacent thereto, the division of funds and assets that will result from the action described in the petition, the best interests of the schools of the area, and the best interests and the educational welfare of the pupils residing therein and, through a written order, either approve or deny the petition. If the regional superintendent fails to act upon a petition within 14 days after the conclusion of the hearing, the regional superintendent shall be deemed to have denied the petition. (b) Upon approving or denying the petition, the regional superintendent of schools shall submit the petition and all evidence to the State Superintendent of Education.
The State Superintendent shall review the petition, the record of the hearing, and the written order of the regional superintendent, if any. Within 21 days after the receipt of the regional superintendent's decision, the State Superintendent shall take into consideration the school needs and conditions of the affected districts and in the area adjacent thereto, the division of funds and assets that will result from the action described in the petition, the best interests of the schools of the area, and the best interests and the educational welfare of the pupils residing therein and, through a written order, either approve or deny the petition. If the State Superintendent denies the petition, the State Superintendent shall set forth in writing the specific basis for the denial. The decision of the State Superintendent shall be deemed an administrative decision as defined in Section 3-101 of the Code of Civil Procedure. The State Superintendent shall provide a copy of the decision by certified mail, return receipt requested, to the Committee of Ten, any person appearing in support or opposition of the petition at the hearing, each school board of a district in which territory described in the petition is situated, the regional superintendent with whom the petition was filed, and the regional superintendent of schools of any other educational service region in which territory described in the petition is situated. (c) Any resident of any territory described in the petition who appears in support of or opposition to the petition at the hearing or any petitioner or school board of any district in which territory described in the petition is situated
may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the party affected thereby or upon the attorney of record for the party, apply for a review of an administrative decision of the State Superintendent of Education in accordance with the Administrative Review Law and any rules adopted pursuant to the Administrative Review Law. The commencement of any action for review shall operate as a supersedeas, and no further proceedings shall be had until final disposition of the review. The circuit court of the county in which the petition is filed with the regional superintendent of schools shall have sole jurisdiction to entertain a complaint for the review.
(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
(105 ILCS 5/11E-55) Sec. 11E-55. Holding of elections. (a) Elections provided by this Article shall be conducted in accordance with the general election law. The regional superintendent of schools shall perform the election duties assigned by law to the secretary of a school board for the election and shall certify the officers and candidates therefore pursuant to the general election law. (b) Nomination papers filed under this Article are not valid unless the candidate named therein files with the regional superintendent of schools 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. This 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. (c)(1) If the petition requests the election of school board members of the school district proposed to be created at the same election at which the proposition to establish that district is to be submitted to voters or if the regional superintendent of schools finds it to be in the best interest of the districts involved to elect school board members of the school district proposed to be created at a consolidated election or general primary election, then that fact shall be included in the notice of referendum. (2) If the members of the school board of the school district proposed to be created are not to be elected at the same election at which the proposition to establish that district is to be submitted to the voters, then the regional superintendent of schools shall order an election to be held on the next regularly scheduled election date for the purpose of electing a school board for that district. (3) In either event, the school board elected for a new school district or districts created under this Article shall consist of 7 members who shall have the terms and the powers and duties of school boards as provided by statute. (d) All notices regarding propositions for reorganization or creation of new school districts under this Article shall be given in accordance with the general election law in substantially the following form: (1) Notice in high school - unit conversion or unit | ||
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NOTICE OF REFERENDUM TO DISSOLVE
CERTAIN SCHOOL DISTRICTS AND
ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
NOTICE is hereby given that on (insert date), a | ||
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The election is called and will be held pursuant to | ||
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Dated (insert date).
Regional Superintendent of Schools ..................
(2) Notice for combined school district formation:
NOTICE OF REFERENDUM
TO ESTABLISH COMBINED SCHOOL DISTRICT
NOTICE is hereby given that on (insert date), a | ||
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Dated (insert date).
Regional Superintendent of Schools ..................
(3) Notice for unit district formation (other than a | ||
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NOTICE OF REFERENDUM TO ESTABLISH
A COMMUNITY UNIT DISTRICT
NOTICE is hereby given that on (insert date), a | ||
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Dated (insert date).
Regional Superintendent of Schools ..................
(4) Notice for combined high school - unit district | ||
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NOTICE OF REFERENDUM
TO ESTABLISH COMBINED HIGH SCHOOL - UNIT DISTRICT
NOTICE is hereby given that on (insert date), a | ||
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Dated (insert date).
Regional Superintendent of Schools ..................
(5) Notice for multi-unit conversion:
NOTICE OF REFERENDUM TO DISSOLVE CERTAIN
UNIT SCHOOL DISTRICTS AND ESTABLISH CERTAIN
NEW SCHOOL DISTRICTS
NOTICE is hereby given that on (insert date), a | ||
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The election is called and will be held pursuant to | ||
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Dated (insert date).
Regional Superintendent of Schools ..................
(6) Notice for optional elementary unit district | ||
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NOTICE OF REFERENDUM TO ESTABLISH
AN OPTIONAL ELEMENTARY UNIT DISTRICT
NOTICE is hereby given that on (insert date), a | ||
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Dated (insert date).
Regional Superintendent of Schools ..................
(7) Notice for an elementary district to opt into a | ||
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NOTICE OF REFERENDUM TO JOIN
AN OPTIONAL ELEMENTARY UNIT DISTRICT
NOTICE is hereby given that on (insert date), a | ||
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Dated (insert date).
Regional Superintendent of Schools ....................
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-60) Sec. 11E-60. Ballots. (a) Separate ballots shall be used for the election in each affected district. If the petition requests the submission of a proposition for the issuance of bonds, then that question shall be submitted to the voters at the referendum on a separate ballot. (b) Ballots for all reorganization propositions submitted under the provisions of this Article must be in substantially the following form: (1) Ballot for high school - unit conversion or unit | ||
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OFFICIAL BALLOT Shall (here identify the districts to be dissolved by | ||
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The election authority must record the votes "Yes" or | ||
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(2) Ballot for combined school district formation: OFFICIAL BALLOT Shall a combined (here insert elementary, high, or | ||
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The election authority must record the votes "Yes" or | ||
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(3) Ballot for unit district formation (other than a | ||
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OFFICIAL BALLOT Shall a unit district, with the authority to levy | ||
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The election authority must record the votes "Yes" or | ||
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(4) Ballot for a combined high school - unit district | ||
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OFFICIAL BALLOT Shall a combined high school - unit district formed | ||
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The election authority must record the votes "Yes" or | ||
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(5) Ballot for an optional elementary unit district | ||
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OFFICIAL BALLOT Shall an optional elementary unit district, with the | ||
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The election authority must record the votes "Yes" or | ||
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(6) Ballot for multi-unit conversion:
OFFICIAL BALLOT
Shall (here identify the districts to be dissolved by | ||
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The election authority must record the votes "Yes" or | ||
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(7) Ballot for an elementary school district to | ||
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OFFICIAL BALLOT Shall (here identify the elementary district by name | ||
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The election authority must record the votes "Yes" or | ||
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(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
(105 ILCS 5/11E-65) Sec. 11E-65. Passage requirements. (a) Except as otherwise provided in subsections (b) and (c) of this Section, if a majority of the electors voting at the election in each affected district vote in favor of the proposition submitted to them, then the proposition shall be deemed to have passed. (b) In the case of an optional elementary unit district to be created as provided in subsection (c) of Section 11E-30 of this Code, if a majority of the electors voting in the high school district and a majority of the voters voting in at least one affected elementary district vote in favor of the proposition submitted to them, then the proposition shall be deemed to have passed and an optional elementary unit district shall be created for all of the territory included in the petition for high school purposes, and for the territory included in the affected elementary districts voting in favor of the proposition for elementary purposes. (c) In the case of an elementary district electing to join an optional elementary unit district in accordance with subsection (d) of Section 11E-30 of this Code, a majority of the electors voting in that elementary district only must vote in favor of the proposition at a regularly scheduled election. (d)(1) If a majority of the voters in at least 2 unit districts have voted in favor of a proposition to create a new unit district, but the proposition was not approved under the standards set forth in subsection (a) of this Section, then the members of the Committee of Ten shall submit an amended petition for consolidation to the school boards of those districts, as long as the territory involved is compact and contiguous. The petition submitted to the school boards shall be identical in form and substance to the petition previously approved by the regional superintendent of schools, with the sole exception that the territory comprising the proposed district shall be amended to include the compact and contiguous territory of those unit districts in which a majority of the voters voted in favor of the proposal. (2) Each school board to which the petition is submitted shall meet and vote to approve or not approve the amended petition no more than 30 days after it has been filed with the school board. The regional superintendent of schools shall make available to each school board with which a petition has been filed all transcripts and records of the previous petition hearing. The school boards shall, by appropriate resolution, approve or disapprove the amended petition. No school board may approve an amended petition unless it first finds that the territory described in the petition is compact and contiguous. (3) If a majority of the members of each school board to whom a petition is submitted votes in favor of the amended petition, then the approved petition shall be transmitted by the secretary of each school board to the State Superintendent of Education, who shall, within 21 days after receipt, approve or deny the amended petition based on the criteria stated in subsection (b) of Section 11E-50 of this Code. If approved by the State Superintendent of Education, the petition shall be placed on the ballot at the next regularly scheduled election.
(Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
(105 ILCS 5/11E-70) Sec. 11E-70. Effective date of change. (a) Except as provided in subsections (a-5) and (a-10) of this Section, if a petition is filed under the authority of this Article, the change is granted and approved at election, and no appeal is taken, then the change shall become effective after the time for appeal has run for the purpose of all elections; however, the change shall not affect the administration of the schools until July 1 following the date that the school board election is held for the new district or districts and the school boards of the districts as they existed prior to the change shall exercise the same power and authority over the territory until that date. (a-5) If a petition is filed under the authority of this Article for the consolidation of Christopher Unit School District 99 and Zeigler-Royalton Community Unit School District 188, the change is granted and approved at election, and no appeal is taken, then the change shall become effective after one or both of the school districts have been awarded school construction grants under the School Construction Law. (a-10) If (i) a petition is filed under the authority of this Article for the reorganization of 2 or more school districts that requires a new school building to effectively educate students, (ii) the change is granted and approved at an election, and (iii) no appeal is taken, then, with the approval of the regional superintendent of schools, the change may become effective after one or more of the school districts have been awarded school construction grants, in accordance with the School Construction Law. The intent to postpone the reorganization's effective date must be documented in the petition, and the petition is void if it does not take effect within 5 years after being filed. After the referendum approval and before the effective date of the reorganization, the petition becomes void if the following requirements are met: (1) the board of each affected district, by proper | ||
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(2) a majority of the electors voting at the | ||
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(b) If any school district is dissolved in accordance with this Article, upon the close of the then current school year, the terms of office of the school board of the dissolved district shall terminate. (c) New districts shall be permitted to organize and elect officers within the time prescribed by the general election law. Additionally, between the date of the organization and the election of officers and the date on which the new district takes effect for all purposes, the new district shall also be permitted, with the stipulation of the districts from which the new district is formed and the approval of the regional superintendent of schools, to take all action necessary or appropriate to do the following: (1) Establish the tax levy for the new district, in | ||
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(2) Enter into agreements with depositories and | ||
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(3) Conduct a search for the superintendent of the | ||
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(4) Conduct a search for other administrators and | ||
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(5) Engage the services of accountants, architects, | ||
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(6) Plan for the transition from the administration | ||
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(7) Bargain collectively, pursuant to the Illinois | ||
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(8) Expend the funds received from the levy and any | ||
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(9) Issue bonds authorized in the proposition to form | ||
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(d) After the granting of a petition has become final and approved at election, the date when the change becomes effective for purposes of administration and attendance may be accelerated or postponed by stipulation of the school board of each district affected and approval by the regional superintendent of schools with which the original petition is required to be filed.
(Source: P.A. 97-925, eff. 8-10-12; 98-125, eff. 8-2-13.) |
(105 ILCS 5/11E-75) Sec. 11E-75. Map showing change. Within 30 days after a new school district has been created or the boundaries of an existing district have been changed under the provisions of this Article, the regional superintendent of schools of any county involved shall make and file with the county clerk of his or her county a map of any districts changed by the action, whereupon the county clerk or county clerks, as the case may be, shall extend taxes against the territory in accordance therewith.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-80) Sec. 11E-80. Specification of taxing purposes and rates.
Whenever taxing purposes and rates are required to be specified or described under this Article for petition, hearing, notice, or ballot requirements, the purposes and rates shall be specified or described in accordance with this Section and, where applicable, shall also include a specification of the aggregate extension base and debt service extension base in accordance with the Property Tax Extension Limitation Law. (1) For the formation of a district not subject to | ||
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(A) List the maximum rate at which the district | ||
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(B) If it is desired to secure authority to levy | ||
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(2) For the formation of a district that is subject | ||
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(A) List the purpose for each and every tax that | ||
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(B) For each tax purpose listed, specify the | ||
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(C) Specify the aggregate extension base the | ||
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(D) If desired, specify the debt service | ||
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(3) For the formation of a partial elementary unit | ||
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(4) For the formation of a partial elementary unit | ||
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(A) List the purpose for each and every tax that | ||
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(B) For each tax purpose listed, list the maximum | ||
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(C) Specify the aggregate extension base the | ||
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(D) If desired, specify the debt service | ||
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(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-85) Sec. 11E-85. Tax levy and borrowing authority, bonds, and working cash funds; districts other than partial elementary unit districts. The school board of any district involved in a school district conversion or the school board of any new district created under the provisions of this Article other than a partial elementary unit district may do any of the following: (1) Levy for the purposes and at not exceeding the | ||
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(2) Borrow money and issue bonds as authorized in | ||
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(3) Establish, maintain, or re-create a working cash | ||
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(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-90) Sec. 11E-90. Classification of property, taxes, bonds, and funds for combined high school - unit districts. (a) All real property included within the boundaries of a combined high school - unit district created in accordance with this Article shall be classified into either a high school only classification or elementary and high school classification as follows: (1) Real property included within the high school | ||
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(2) Real property included within the elementary and | ||
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(b) The petition to establish a combined high school - unit district shall set forth the maximum annual authorized tax rates for the proposed district as follows: (1) The petition to establish a combined high school | ||
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(2) The petition to establish a combined high school | ||
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(3) The petition to establish a combined high school | ||
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(4) The petition to establish a combined high school | ||
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(5) If it is desired to secure authority to levy | ||
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(c) The school board of any new combined high school - unit district created under the provisions of this Article may levy a tax annually upon all of the taxable property of the district at the value as equalized or assessed by the Department of Revenue, as follows: (1) For all real property within the district, rates | ||
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(2) For all real property in the district included | ||
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(d) The school board may, subsequent to the formation of the district and in accordance with Sections 17-2 through 17-7 of this Code, seek to increase the maximum annual authorized tax rates for any statutorily authorized purpose up to the maximum rate set forth in subsection (b) of this Section or otherwise applicable to unit districts as specified elsewhere in statute, whichever is less, subject to the following approval requirements: (1) The school board may increase the following | ||
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(A) The maximum annual authorized grade 9 | ||
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(B) The maximum annual authorized grade 9 | ||
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(C) The maximum annual authorized grade 9 | ||
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(D) The maximum annual authorized transportation | ||
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(E) For all other statutorily authorized | ||
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(2) The school board may increase the following rates | ||
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(A) The maximum annual authorized grade K | ||
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(B) The maximum annual authorized grade K | ||
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(C) The maximum annual authorized grade K | ||
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(e) The school board may, after submitting a proper resolution to the voters of the district at any regular scheduled election, seek to do either of the following: (1) Increase or decrease the maximum authorized | ||
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(2) Increase or decrease the maximum authorized | ||
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Any modification to maximum authorized annual tax rates pursuant to this subsection (e) must be approved by both a majority of voters living in the portion of the territory included within the high school only classification voting on the proposition and a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. No maximum tax rate secured hereunder may exceed the maximum tax rate for a particular purpose specified elsewhere in statute. (f) The school board may seek to do either of the following: (1) Increase the maximum authorized annual tax rate | ||
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(2) Increase the maximum authorized annual tax rate | ||
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A proper resolution to increase and concurrently decrease the maximum authorized annual tax rates for grade K through 8 purposes in accordance with this subsection (f) shall be submitted to the voters of the district residing in the elementary and high school classification at any regular scheduled election and must be approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. A proper resolution to increase and concurrently decrease the maximum authorized annual tax rates for grade 9 through 12 purposes in accordance with this subsection (f) shall be submitted to all of the voters of the district at any regular scheduled election and must be approved by a majority of voters voting on the proposition. No maximum tax rate secured hereunder may exceed the maximum tax rate for a particular purpose specified elsewhere in statute. The terms and provisions of this subsection (f) shall apply instead of the terms and provisions of Section 17-6.1 of this Code to any concurrent equal increase and decrease in the maximum authorized rates for educational and operations and maintenance purposes by a combined high school - unit district. (g) The school board may borrow money and issue bonds for elementary or high school purposes (but not K through 12 purposes) as authorized by Articles 10 and 19 and Section 17-2.11 of this Code and as otherwise permitted by law. All notices, resolutions, and ballots related to borrowing money and issuing bonds in accordance with this subsection (g) shall indicate whether the proposed action is for elementary or high school purposes. Taxes to pay the principal of, interest on, and premium, if any, on bonds issued for high school purposes shall be extended against the entire district, and taxes to pay the principal of, interest on, and premium, if any, on bonds issued for elementary purposes shall be extended only against property within the elementary and high school classification. The proposition to issue bonds for high school purposes must be submitted to and approved by a majority of voters of the district voting on the proposition. The proposition to issue bonds for elementary purposes must only be submitted to and approved by a majority of voters living in the portion of the territory proposed to be included or included within the elementary and high school classification voting on the proposition. Notwithstanding the terms and provisions of Section 19-4 of this Code, the board of a combined high school - unit district may not seek to designate any bonds issued for high school purposes as bonds issued for elementary purposes or designate any bonds issued for elementary purposes as bonds issued for high school purposes. Any petition filed in accordance with Section 19-9 of this Code requesting that the proposition to issue bonds for the payment of orders or claims for elementary purposes be submitted to the voters must be signed by 10% or more of the registered voters of the elementary and high school classification. If required pursuant to Section 19-9 of this Code, the proposition to issue bonds for the payment of orders or claims for elementary purposes must only be submitted to and approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. Taxes to pay the principal of, interest on, and premium, if any, on any refunding bonds issued in accordance with Article 19 of this Code to refund bonds, coupons, or other evidences of indebtedness for bonds issued by the combined high school - unit district for high school purposes or issued by a district that dissolved to form the combined high school - unit district shall be extended against the entire district. Taxes to pay the principal of, interest on, and premium, if any, on any refunding bonds issued in accordance with Article 19 of this Code to refund bonds, coupons, or other evidences of indebtedness for bonds issued by the combined high school - unit district for elementary purposes shall only be extended against the property within the elementary and high school classification. (h) The school board may establish, maintain, or re-create a working cash fund for elementary or high school purposes (but not K through 12 purposes) as authorized by Article 20 of this Code. All notices, resolutions, and ballots related to the establishment of a working cash fund shall indicate whether the working cash fund shall be for elementary or high school purposes. For purposes of Section 20-2 of this Code, taxes to pay the principal of, interest on, and premium, if any, on bonds issued to create a working cash fund for high school purposes shall be extended against the entire district, and taxes to pay the principal of, interest on, and premium, if any, on bonds issued to create a working cash fund for elementary purposes shall be extended only against property within the elementary and high school classification. Any petition filed in accordance with Section 20-7 of this Code requesting that the proposition to issue bonds to establish a working cash fund for elementary purposes be submitted to the voters must be signed by 10% or more of the registered voters of the elementary and high school classification. If required pursuant to Section 20-7 of this Code, the proposition to issue bonds for a working cash fund for elementary purposes must only be submitted to and approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. Upon the abolishment of the working cash fund for elementary purposes in accordance with Section 20-8 of this Code, the balance shall be transferred to the fund established for the receipt of proceeds from levies specified for grade K through 8 educational purposes. Upon the abolishment of the working cash fund for high school purposes in accordance with Section 20-8 of this Code, the balance shall be transferred to the fund established for the receipt of proceeds from levies specified for grade 9 through 12 educational purposes. (i) The school board shall establish separate funds for the receipt of tax proceeds from levies specified for grade K through 8 purposes and grade 9 through 12 purposes in accordance with subdivisions (1) through (3) of subsection (b) of this Section and the receipt of tax and other proceeds from bond issuances for grade K through 8 purposes and grade 9 through 12 purposes in accordance with subsection (g) of this Section. Proceeds received from any levy or bond issuance specified for grade K through 8 purposes shall not be used to pay for any staff, equipment, materials, facilities, buildings, land, or services solely related to instruction in grades 9 through 12. Proceeds received from any levy or bond issuance specified for grade 9 through 12 purposes shall not be used to pay for any staff, equipment, materials, facilities, buildings, land, or services solely related to instruction in grades K through 8. Expenses related to staff, equipment, materials, facilities, buildings, land, or services related to instruction in both grades K through 8 and grades 9 through 12 may be paid from proceeds received from a levy or bond issuance specified for either grade K through 8 purposes or grade 9 through 12 purposes. (j) The school board of a combined high school - unit district may abate or abolish any fund in accordance with this Code, provided that no funds may be transferred from an abated or abolished fund specified for grade K through 8 purposes to a fund specified for grade 9 through 12 purposes, and no funds may be transferred from an abated or abolished fund specified for grade 9 through 12 purposes to a fund specified for grade K through 8 purposes. (k) To the extent the specific requirements for borrowing money, levying taxes, issuing bonds, establishing, maintaining, or re-creating a working cash fund, and transferring funds by a combined high school - unit district set forth in this Section conflicts with any general requirements for school districts set forth in Article 10, 17, 19, or 20 of this Code, the requirements set forth in this Section shall control over any such general requirements.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-95) Sec. 11E-95. Classification of property, taxes, bonds, and funds for optional elementary unit districts. (a) All real property included within the boundaries of an optional elementary unit district created in accordance with this Article shall be classified into either a high school only classification or an elementary and high school classification as follows: (1) Real property included within the high school | ||
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(2) Real property included within the elementary and | ||
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(b) The petition to establish an optional elementary unit district shall set forth the maximum annual authorized tax rates for the proposed district as follows:
(1) The petition must specify a maximum annual | ||
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(2) The petition must specify a maximum annual | ||
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(3) The petition must specify a maximum annual | ||
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(4) The petition must specify a maximum annual | ||
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(5) If it is desired to secure authority to levy | ||
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(6) The aggregate of all rates specified in | ||
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(c) The school board of any new optional elementary unit district created under the provisions of this Article may levy a tax annually upon all of the taxable property of the district at the value as equalized or assessed by the Department of Revenue as follows:
(1) For all real property within the district, rates | ||
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(2) For all real property in the district included | ||
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(d) The school board may, subsequent to the formation of the district and in accordance with Sections 17-2 through 17-7 of this Code, seek to increase the maximum annual authorized tax rates for any statutorily authorized purpose up to the maximum rate set forth in subsection (b) of this Section or otherwise applicable to unit school districts as specified elsewhere in statute, whichever is less, subject to the following approval requirements: (1) The school board may increase the following | ||
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(A) The maximum annual authorized grade 9 | ||
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(B) The maximum annual authorized grade 9 | ||
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(C) The maximum annual authorized grade 9 | ||
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(D) The maximum annual authorized transportation | ||
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(E) For all other statutorily authorized | ||
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(2) The school board may increase the following | ||
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(A) The maximum annual authorized grade K | ||
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(B) The maximum annual authorized grade K through | ||
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(C) The maximum annual authorized grade K | ||
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(e) The school board may, after submitting a proper resolution to the voters of the district at any regular scheduled election, seek to do either of the following:
(1) Increase or decrease the maximum authorized | ||
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(2) Increase or decrease the maximum authorized | ||
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Any modification to maximum authorized annual tax rates pursuant to this subsection (e) must be approved by both a majority of voters living in the portion of the territory included within the high school only classification voting on the proposition and a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. No maximum tax rate secured hereunder may exceed the maximum tax rate for a particular purpose specified elsewhere in statute. (f) The school board may seek to do either of the following:
(1) Increase the maximum authorized annual tax rate | ||
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(2) Increase the maximum authorized annual tax rate | ||
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A proper resolution to increase and concurrently decrease the maximum authorized annual tax rates for grade K through 8 purposes in accordance with this subsection (f) shall be submitted to the voters of the district residing in the elementary and high school classification at any regular scheduled election and must be approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. A proper resolution to increase and concurrently decrease the maximum authorized annual tax rates for grade 9 through 12 purposes in accordance with this subsection (f) shall be submitted to all of the voters of the district at any regular scheduled election and must be approved by a majority of voters voting on the proposition. No maximum tax rate secured hereunder may exceed the maximum tax rate for a particular purpose specified elsewhere in statute. The terms and provisions of this subsection (f) shall apply instead of the terms and provisions of Section 17-6.1 of this Code to any concurrent equal increase and decrease in the maximum authorized rates for educational and operations and maintenance purposes by an optional elementary unit district.
(g) The school board may borrow money and issue bonds for elementary or high school purposes (but not grade K through 12 purposes) as authorized by Articles 10 and 19 and Section 17-2.11 of this Code and as otherwise permitted by law. All notices, resolutions, and ballots related to borrowing money and issuing bonds in accordance with this subsection (g) shall indicate whether the proposed action is for elementary or high school purposes. Taxes to pay the principal of, interest on, and premium, if any, on bonds issued for high school purposes shall be extended against the entire district, and taxes to pay the principal of, interest on, and premium, if any, on bonds issued for elementary purposes shall be extended only against property within the elementary and high school classification. The proposition to issue bonds for high school purposes must be submitted to and approved by a majority of voters of the district voting on the proposition. The proposition to issue bonds for elementary purposes must only be submitted to and approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. Notwithstanding the terms and provisions of Section 19-4 of this Code, the board of an optional elementary unit district may not seek to designate any bonds issued for high school purposes as bonds issued for elementary purposes or designate any bonds issued for elementary purposes as bonds issued for high school purposes. Any petition filed in accordance with Section 19-9 of this Code requesting that the proposition to issue bonds for the payment of orders or claims for elementary purposes be submitted to the voters must be signed by 10% or more of the registered voters of the elementary and high school classification. If required pursuant to Section 19-9 of this Code, the proposition to issue bonds for the payment of orders or claims for elementary purposes must only be submitted to and approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. Taxes to pay the principal of, interest on, and premium, if any, on any refunding bonds issued in accordance with Article 19 of this Code to refund bonds, coupons, or other evidences of indebtedness for bonds issued by the optional elementary unit district for high school purposes or issued by a district that dissolved to form the optional elementary unit district shall be extended against the entire district. Taxes to pay the principal of, interest on, and premium, if any, on any refunding bonds issued in accordance with Article 19 of this Code to refund bonds, coupons, or other evidences of indebtedness for bonds issued by the optional elementary unit district for elementary purposes shall only be extended against the property within the elementary and high school classification. (h) The school board may establish, maintain, or re-create a working cash fund for elementary or high school purposes (but not grade K through 12 purposes) as authorized by Article 20 of this Code. All notices, resolutions, and ballots related to the establishment of a working cash fund shall indicate whether the working cash fund shall be for elementary or high school purposes. For purposes of Section 20-2 of this Code, taxes to pay the principal of, interest on, and premium, if any, on bonds issued to create a working cash fund for high school purposes shall be extended against the entire district, and taxes to pay the principal of, interest on, and premium, if any, on bonds issued to create a working cash fund for elementary purposes shall be extended only against property within the elementary and high school classification. Any petition filed in accordance with Section 20-7 of this Code requesting that the proposition to issue bonds to establish a working cash fund for elementary purposes be submitted to the voters must be signed by 10% or more of the registered voters of the elementary and high school classification. If required pursuant to Section 20-7 of this Code, the proposition to issue bonds for a working cash fund for elementary purposes must only be submitted to and approved by a majority of voters living in the portion of the territory included within the elementary and high school classification voting on the proposition. Upon the abolishment of the working cash fund for elementary purposes in accordance with Section 20-8 of this Code, the balance shall be transferred to the fund established for the receipt of proceeds from levies specified for grade K through 8 educational purposes. Upon the abolishment of the working cash fund for high school purposes in accordance with Section 20-8 of this Code, the balance shall be transferred to the fund established for the receipt of proceeds from levies specified for grade 9 through 12 educational purposes.
(i) The school board shall establish separate funds for the receipt of tax proceeds from levies specified for grade K through 8 purposes and grade 9 through 12 purposes in accordance with subdivisions (1) through (3) of subsection (b) of this Section and the receipt of tax and other proceeds from bond issuances for grade K through 8 purposes and grade 9 through 12 purposes in accordance with subsection (g) of this Section. Proceeds received from any levy or bond issuance specified for grade K through 8 purposes shall not be used to pay for any staff, equipment, materials, facilities, buildings, land, or services solely related to instruction in grades 9 through 12. Proceeds received from any levy or bond issuance specified for grade 9 through 12 purposes shall not be used to pay for any staff, equipment, materials, facilities, buildings, land, or services solely related to instruction in grades K through 8. Expenses related to staff, equipment, materials, facilities, buildings, land, or services related to instruction in both grades K through 8 and grades 9 through 12 may be paid from proceeds received from a levy or bond issuance specified for either grade K through 8 purposes or grade 9 through 12 purposes.
(j) The school board of an optional elementary unit district may abate or abolish any fund in accordance with this Code, provided that no funds may be transferred from an abated or abolished fund specified for grade K through 8 purposes to a fund specified for grade 9 through 12 purposes, and no funds may be transferred from an abated or abolished fund specified for grade 9 through 12 purposes to a fund specified for grade K through 8 purposes.
(k) To the extent that the specific requirements for borrowing money, levying taxes, issuing bonds, establishing, maintaining, or re-creating a working cash fund, and transferring funds by an optional elementary unit district set forth in this Section conflicts with any general requirements for school districts set forth in Article 10, 17, 19, or 20 of this Code, the requirements set forth in this Section shall control over any such general requirements.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-100) Sec. 11E-100. Timing of extension of tax levies.
(a) If the election of the school board of the new district occurs at a regular election and the board of education makes its initial levy or levies in that same year, the county clerk shall extend the levy or levies, notwithstanding any other law that requires the adoption of a budget before the clerk may extend the levy. In addition, the districts from which the new district is formed, by joint agreement and with the approval of the regional superintendent of schools, shall be permitted to amend outstanding levies in the same calendar year in which the creation of the new district is approved at the rates specified in the petition. (b) If the election of the board of education of the new district does not occur in the same calendar year that the proposition to create the new district is approved, the districts from which the new district or districts are formed, by joint agreement and with the approval of the regional superintendent of schools, shall be permitted to levy in the same calendar year in which the creation of the new district is approved at the rates specified in the petition. The county clerks shall extend any such levy notwithstanding any law that requires adoption of a budget before extension of the levy.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-105) Sec. 11E-105. Assets, liabilities and bonded indebtedness; tax rate. (a) Subject to the terms and provisions of subsections (b) and (c) of this Section, whenever a new district is created under any of the provisions of this Article, the outstanding bonded indebtedness shall be treated as provided in this subsection (a) and in Section 19-29 of this Code. The tax rate for bonded indebtedness shall be determined in the manner provided in Section 19-7 of this Code, and, notwithstanding the creation of any such district, the county clerk or clerks shall annually extend taxes, for each outstanding bond issue against all of the taxable property that was situated within the boundaries of the district, as those boundaries existed at the time of the issuance of the bond issue, regardless of whether the property is still contained in that same district at the time of the extension of the taxes by the county clerk or clerks; provided that, notwithstanding the provisions of Section 19-18 of this Code, upon resolution of the school board, the county clerk must extend taxes to pay the principal of and interest on any general obligation bonds issued by the new district exclusively to refund any bonded indebtedness of a district organized into the new district against all of the taxable property that was situated within the boundaries of the previously existing district as the boundaries existed at the time of the issuance of the bonded indebtedness being refunded; however, (i) the net interest rate on the refunding bonds may not exceed the net interest rate on the refunded bonds, (ii) the final maturity date of the refunding bonds may not extend beyond the final maturity date of the refunded bonds, and (iii) the tax levy to pay the refunding bonds in any levy year may not exceed the tax levy that would have been required to pay the refunded bonds for that levy year. The terms of the proviso are applicable to districts that were created pursuant to a referendum held in November of 2008. The terms of the proviso, other than this sentence, are inoperative after June 30, 2016. (b) For a unit district formation, whenever a part of a district is included within the boundaries of a newly created unit district, the regional superintendent of schools shall cause an accounting to be had between the districts affected by the change in boundaries as provided for in Article 11C of this Code. Whenever the entire territory of 2 or more school districts is organized into a unit district pursuant to a petition filed under this Article, the petition may provide that the entire territory of the new unit district shall assume the bonded indebtedness of the previously existing school districts. In that case, the tax rate for bonded indebtedness shall be determined in the manner provided in Section 19-7 of this Code, except that the county clerk shall annually extend taxes for each outstanding bond issue against all the taxable property situated in the new unit district as it exists after the organization. (c)(1) For a high school-unit conversion, unit to dual conversion, or multi-unit conversion, upon the effective date of the change as provided in Section 11E-70 of this Code and subject to the provisions of paragraph (2) of this subsection (c), each newly created elementary district shall receive all of the assets and assume all of the liabilities and obligations of the dissolved unit district forming the boundary of the newly created elementary district. (2) Notwithstanding the provisions of paragraph (1) of this subsection (c), upon the stipulation of the school board of the school district serving a newly created elementary district for high school purposes
and either (i) the school board of the unit district prior to the effective date of its dissolution or (ii) thereafter the school board of the newly created elementary district and with the approval in either case of the regional superintendent of schools of the educational service region in which the territory described in the petition filed under this Article or the greater percentage of equalized assessed valuation of the territory is situated, the assets, liabilities, and obligations of the dissolved unit district may be divided and assumed between and by the newly created elementary district and the school district serving the newly created elementary district for high school purposes,
in accordance with the terms and provisions of the stipulation and approval. In this event, the provisions of Section 19-29 shall be applied to determine the debt incurring power of the newly created elementary district and of the school district serving the newly created elementary district for high school purposes. (3) Without regard to whether the receipt of assets and the assumption of liabilities and obligations of the dissolved unit district is determined pursuant to paragraph (1) or (2) of this subsection (c), the tax rate for bonded indebtedness shall be determined in the manner provided in Section 19-7, and, notwithstanding the creation of this new elementary district, the county clerk or clerks shall annually extend taxes for each outstanding bond issue against all of the taxable property that was situated within the boundaries of the dissolved unit district as those boundaries existed at the time of the issuance of the bond issue, regardless of whether the property was still contained in that unit district at the time of its dissolution and regardless of whether the property is contained in the newly created elementary district at the time of the extension of the taxes by the county clerk or clerks.
(Source: P.A. 98-1112, eff. 1-1-15.) |
(105 ILCS 5/11E-110) Sec. 11E-110. Teachers in contractual continued service; educational support personnel employees. (a) When a school district conversion or multi-unit conversion becomes effective for purposes of administration and attendance, as determined pursuant to Section 11E-70 of this Code, the provisions of subsection (h) of Section 24-11 of this Code relative to the contractual continued service status of teachers having contractual continued service whose positions are transferred from one school board to the control of a new or different school board shall apply, and the positions held by teachers, as that term is defined in subsection (a) of Section 24-11 of this Code, having contractual continued service with the unit district at the time of its dissolution shall be transferred on the following basis: (1) positions of teachers in contractual continued | ||
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(2) positions of teachers in contractual continued | ||
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(3) positions of teachers in contractual continued | ||
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With respect to each position to be transferred under the provisions of this subsection (a), the amount of time required of each position to be spent in one or more of grades kindergarten through 8 and 9 through 12 shall be determined with reference to the applicable records of the unit district being dissolved pursuant to stipulation of the school board of the unit district prior to the effective date of its dissolution or thereafter of the school board of the newly created districts and with the approval in either case of the regional superintendent of schools of the educational service region in which the territory described in the petition filed under this Article or the greater percentage of equalized assessed evaluation of the territory is situated; however, if no such stipulation can be agreed upon, the regional superintendent of schools, after hearing any additional relevant and material evidence that any school board desires to submit, shall make the determination. (a-5) When a school district conversion or multi-unit conversion becomes effective for purposes of administration and attendance, as determined pursuant to Section 11E-70 of this Code, the provisions of subsection (b) of Section 10-23.5 of this Code relative to the transfer of educational support personnel employees shall apply, and the positions held by educational support personnel employees shall be transferred on the following basis: (1) positions of educational support personnel | ||
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(2) positions of educational support personnel | ||
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(3) positions of educational support personnel | ||
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With respect to each position to be transferred under this subsection (a-5), the amount of time required of each position to be spent in one or more of grades kindergarten through 8 and 9 through 12 shall be determined with reference to the applicable records of the unit district being dissolved pursuant to stipulation of the school board of the unit district prior to the effective date of its dissolution or thereafter of the school board of the newly created districts and with the approval in either case of the regional superintendent of schools of the educational service region in which the territory described in the petition filed under this Article or the greater percentage of equalized assessed evaluation of the territory is situated; however, if no such stipulation can be agreed upon, the regional superintendent of schools, after hearing any additional relevant and material evidence that any school board desires to submit, shall make the determination.
(b) When the creation of a unit district or a combined school district becomes effective for purposes of administration and attendance, as determined pursuant to Section 11E-70 of this Code, the positions of teachers in contractual continued service in the districts involved in the creation of the new district are transferred to the newly created district pursuant to the provisions of subsection (h) of Section 24-11 of this Code relative to teachers having contractual continued service status whose positions are transferred from one board to the control of a different board, and those provisions of subsection (h) of Section 24-11 of this Code shall apply to these transferred teachers. The contractual continued service status of any teacher thereby transferred to the newly created district is not lost and the new school board is subject to this Code with respect to the transferred teacher in the same manner as if the teacher was that district's employee and had been its employee during the time the teacher was actually employed by the school board of the district from which the position was transferred.
(c) When the creation of a unit district or a combined school district becomes effective for purposes of administration and attendance, as determined pursuant to Section 11E-70 of this Code, the positions of educational support personnel employees in the districts involved in the creation of the new district shall be transferred to the newly created district pursuant to subsection (b) of Section 10-23.5 of this Code. The length of continuing service of any educational support personnel employee thereby transferred to the newly created district is not lost and the new school board is subject to this Code with respect to the transferred educational support personnel employee in the same manner as if the educational support personnel employee had been that district's employee during the time the educational support personnel employee was actually employed by the school board of the district from which the position was transferred.
(Source: P.A. 99-657, eff. 7-28-16.) |
(105 ILCS 5/11E-115) Sec. 11E-115. Limitations on contesting boundary change. Neither the People of the State of Illinois, any person or corporation, private or public, nor any association of persons shall commence an action contesting either directly or indirectly the dissolution, division, annexation, or creation of any new school district under the provisions of this Article, unless the action is commenced within one year after the date of the election provided for in this Article if no proceedings to contest the election are duly instituted within the time permitted by law, or within one year after the final disposition of any proceedings that may be so instituted to contest the election; however, where a limitation of a shorter period is prescribed by statute, the shorter limitation shall apply, and the limitation set forth in this Section shall not apply to any order where the judge, body, or officer entering the order being challenged did not at the time of the entry of the order have jurisdiction of the subject matter.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-120) Sec. 11E-120. Limitation on successive petitions. (a) No affected district shall be again involved in proceedings under this Article for at least 2 years after a final non-procedural determination of the first proceeding, unless during that 2-year period a petition filed is substantially different than any other previously filed petition during the previous 2 years or if an affected district is identified as a priority district under Section 2-3.25d-5 of this Code, is placed on the financial watch list by the State Board of Education, or is certified as being in financial difficulty during that 2-year period. (b) Nothing contained in this Section shall be deemed to limit or restrict the ability of an elementary district to join an optional elementary unit district in accordance with the terms and provisions of subsection (d) of Section 11E-30 of this Code.
(Source: P.A. 99-193, eff. 7-30-15.) |
(105 ILCS 5/11E-125) Sec. 11E-125. Districts not penalized for nonrecognition. Any school district included in a petition for reorganization as authorized under this Article shall not suffer loss of State aid as a result of being placed on nonrecognition status if the district continues to operate and the petition is granted.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-130) Sec. 11E-130. Unit district formation and joint agreement vocational education program. (a) If a unit district is established under the provisions of this Article and more than 50% of the territory of the unit district is territory that immediately prior to its inclusion in the unit district was included in a high school district or districts that were signatories under the same joint agreement vocational education program, pursuant to the provisions of this Code, then the unit district shall upon its establishment be deemed to be a member and signatory to the joint agreement and shall also have the right to continue to extend taxes under any previous authority to levy a tax under Section 17-2.4 of this Code. (b) In those instances, however, when more than 50% of the territory of any unit district was not, immediately prior to its establishment, included within the territory of a high school district that was a signatory to the same joint agreement vocational education program, then the unit district shall not be deemed upon its establishment to be a signatory to the joint agreement nor shall the unit district be deemed to have the special tax levy rights under Section 17-2.4 of this Code. (c) Nothing in this Section shall be deemed to forbid the unit district from subsequently joining a joint agreement vocational education program and to thereafter levy a tax under Section 17-2.4 of this Code by following the provisions of Section 17-2.4. In the event that any such unit district should subsequently join any such joint agreement vocational education program, it shall be entitled to a fair credit, as computed by the State Board of Education, for any capital contributions previously made to the joint agreement vocational education program from taxes levied against the assessed valuation of property situated in any part of the territory included within the unit district.
(Source: P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/11E-135) Sec. 11E-135. Incentives. For districts reorganizing under this Article and for a 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, the following payments shall be made from appropriations made for these purposes: (a)(1) For a combined school district, as defined in Section 11E-20 of this Code, or for a unit district, as defined in Section 11E-25 of this Code, for its first year of existence, the general State aid and supplemental general State aid calculated under Section 18-8.05 of this Code or the evidence-based funding calculated under Section 18-8.15 of this Code, as applicable, shall be computed for the new district and for the previously existing districts for which property is totally included within the new district. If the computation on the basis of the previously existing districts is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the new district. (2) For a school district that annexes all of the territory of one or more entire other school districts as defined in Article 7 of this Code, for the first year during which the change of boundaries attributable to the annexation becomes effective for all purposes, as determined under Section 7-9 of this Code, the general State aid and supplemental general State aid calculated under Section 18-8.05 of this Code or the evidence-based funding calculated under Section 18-8.15 of this Code, as applicable, shall be computed for the annexing district as constituted after the annexation and for the annexing and each annexed district as constituted prior to the annexation; and if the computation on the basis of the annexing and annexed districts as constituted prior to the annexation is greater, then a supplementary payment equal to the difference shall be made for the first 4 years of existence of the annexing school district as constituted upon the annexation. (3) For 2 or more school districts that annex all of the territory of one or more entire other school districts, as defined in Article 7 of this Code, for the first year during which the change of boundaries attributable to the annexation becomes effective for all purposes, as determined under Section 7-9 of this Code, the general State aid and supplemental general State aid calculated under Section 18-8.05 of this Code or the evidence-based funding calculated under Section 18-8.15 of this Code, as applicable, shall be computed for each annexing district as constituted after the annexation and for each annexing and annexed district as constituted prior to the annexation; and if the aggregate of the general State aid and supplemental general State aid or evidence-based funding, as applicable, as so computed for the annexing districts as constituted after the annexation is less than the aggregate of the general State aid and supplemental general State aid or evidence-based funding, as applicable, as so computed for the annexing and annexed districts, as constituted prior to the annexation, then a supplementary payment equal to the difference shall be made and allocated between or among the annexing districts, as constituted upon the annexation, for the first 4 years of their existence. The total difference payment shall be allocated between or among the annexing districts in the same ratio as the pupil enrollment from that portion of the annexed district or districts that is annexed to each annexing district bears to the total pupil enrollment from the entire annexed district or districts, as such pupil enrollment is determined for the school year last ending prior to the date when the change of boundaries attributable to the annexation becomes effective for all purposes. The amount of the total difference payment and the amount thereof to be allocated to the annexing districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data that shall be certified to the State Board of Education, on forms that it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the annexing and annexed districts are located. (4) For a school district conversion, as defined in Section 11E-15 of this Code, or a multi-unit conversion, as defined in subsection (b) of Section 11E-30 of this Code, if in their first year of existence the newly created elementary districts and the newly created high school district, from a school district conversion, or the newly created elementary district or districts and newly created combined high school - unit district, from a multi-unit conversion, qualify for less general State aid under Section 18-8.05 of this Code or evidence-based funding under Section 18-8.15 of this Code than would have been payable under Section 18-8.05 or 18-8.15, as applicable, for that same year to the previously existing districts, then a supplementary payment equal to that difference shall be made for the first 4 years of existence of the newly created districts. The aggregate amount of each supplementary payment shall be allocated among the newly created districts in the proportion that the deemed pupil enrollment in each district during its first year of existence bears to the actual aggregate pupil enrollment in all of the districts during their first year of existence. For purposes of each allocation: (A) the deemed pupil enrollment of the newly created | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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The aggregate amount of each supplementary payment under this subdivision (4) and the amount thereof to be allocated to the newly created districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data, which shall be certified to the State Board of Education, on forms that it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the newly created districts are located.
(5) For a partial elementary unit district, as defined in subsection (a) or (c) of Section 11E-30 of this Code, if, in the first year of existence, the newly created partial elementary unit district qualifies for less general State aid and supplemental general State aid under Section 18-8.05 of this Code or less evidence-based funding under Section 18-8.15 of this Code, as applicable, than would have been payable under those Sections for that same year to the previously existing districts that formed the partial elementary unit district, then a supplementary payment equal to that difference shall be made to the partial elementary unit district for the first 4 years of existence of that newly created district. (6) For an elementary opt-in, as described in subsection (d) of Section 11E-30 of this Code, the general State aid or evidence-based funding difference shall be computed in accordance with paragraph (5) of this subsection (a) as if the elementary opt-in was included in an optional elementary unit district at the optional elementary unit district's original effective date. If the calculation in this paragraph (6) is less than that calculated in paragraph (5) of this subsection (a) at the optional elementary unit district's original effective date, then no adjustments may be made. If the calculation in this paragraph (6) is more than that calculated in paragraph (5) of this subsection (a) at the optional elementary unit district's original effective date, then the excess must be paid as follows: (A) If the effective date for the elementary opt-in | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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(6.5) For a school district that annexes territory detached from another school district whereby the enrollment of the annexing district increases by 90% or more as a result of the annexation, for the first year during which the change of boundaries attributable to the annexation becomes effective for all purposes as determined under Section 7-9 of this Code, the general State aid and supplemental general State aid or evidence-based funding, as applicable, calculated under this Section shall be computed for the district gaining territory and the district losing territory as constituted after the annexation and for the same districts as constituted prior to the annexation; and if the aggregate of the general State aid and supplemental general State aid or evidence-based funding, as applicable, as so computed for the district gaining territory and the district losing territory as constituted after the annexation is less than the aggregate of the general State aid and supplemental general State aid or evidence-based funding, as applicable, as so computed for the district gaining territory and the district losing territory as constituted prior to the annexation, then a supplementary payment shall be made to the annexing district for the first 4 years of existence after the annexation, equal to the difference multiplied by the ratio of student enrollment in the territory detached to the total student enrollment in the district losing territory for the year prior to the effective date of the annexation. The amount of the total difference and the proportion paid to the annexing district shall be computed by the State Board of Education on the basis of pupil enrollment and other data that must be submitted to the State Board of Education in accordance with Section 7-14A of this Code. The changes to this Section made by Public Act 95-707
are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004. For annexations that are eligible for payments under this paragraph (6.5) and that are effective on or after July 1, 2004, but before January 11, 2008 (the effective date of Public Act 95-707), the first required yearly payment under this paragraph (6.5) shall be paid in the fiscal year of January 11, 2008 (the effective date of Public Act 95-707). Subsequent required yearly payments shall be paid in subsequent fiscal years until the payment obligation under this paragraph (6.5) is complete. (7) Claims for financial assistance under this subsection (a) may not be recomputed except as expressly provided under Section 18-8.05 or 18-8.15 of this Code. (8) Any supplementary payment made under this subsection (a) must be treated as separate from all other payments made pursuant to Section 18-8.05 or 18-8.15 of this Code. (b)(1) After the formation of a combined school district, as defined in Section 11E-20 of this Code, or a unit district, as defined in Section 11E-25 of this Code, a computation shall be made to determine the difference between the salaries effective in each of the previously existing districts on June 30, prior to the creation of the new district. For the first 4 years after the formation of the new district, a supplementary State aid reimbursement shall be paid to the new district equal to the difference between the sum of the salaries earned by each of the certificated members of the new district, while employed in one of the previously existing districts during the year immediately preceding the formation of the new district, and the sum of the salaries those certificated members would have been paid during the year immediately prior to the formation of the new district if placed on the salary schedule of the previously existing district with the highest salary schedule. (2) After the territory of one or more school districts is annexed by one or more other school districts as defined in Article 7 of this Code, a computation shall be made to determine the difference between the salaries effective in each annexed district and in the annexing district or districts as they were each constituted on June 30 preceding the date when the change of boundaries attributable to the annexation became effective for all purposes, as determined under Section 7-9 of this Code. For the first 4 years after the annexation, a supplementary State aid reimbursement shall be paid to each annexing district as constituted after the annexation equal to the difference between the sum of the salaries earned by each of the certificated members of the annexing district as constituted after the annexation, while employed in an annexed or annexing district during the year immediately preceding the annexation, and the sum of the salaries those certificated members would have been paid during the immediately preceding year if placed on the salary schedule of whichever of the annexing or annexed districts had the highest salary schedule during the immediately preceding year. (3) For each new high school district formed under a school district conversion, as defined in Section 11E-15 of this Code, the State shall make a supplementary payment for 4 years equal to the difference between the sum of the salaries earned by each certified member of the new high school district, while employed in one of the previously existing districts, and the sum of the salaries those certified members would have been paid if placed on the salary schedule of the previously existing district with the highest salary schedule. (4) For each newly created partial elementary unit district, the State shall make a supplementary payment for 4 years equal to the difference between the sum of the salaries earned by each certified member of the newly created partial elementary unit district, while employed in one of the previously existing districts that formed the partial elementary unit district, and the sum of the salaries those certified members would have been paid if placed on the salary schedule of the previously existing district with the highest salary schedule. The salary schedules used in the calculation shall be those in effect in the previously existing districts for the school year prior to the creation of the new partial elementary unit district. (5) For an elementary district opt-in, as described in subsection (d) of Section 11E-30 of this Code, the salary difference incentive shall be computed in accordance with paragraph (4) of this subsection (b) as if the opted-in elementary district was included in the optional elementary unit district at the optional elementary unit district's original effective date. If the calculation in this paragraph (5) is less than that calculated in paragraph (4) of this subsection (b) at the optional elementary unit district's original effective date, then no adjustments may be made. If the calculation in this paragraph (5) is more than that calculated in paragraph (4) of this subsection (b) at the optional elementary unit district's original effective date, then the excess must be paid as follows: (A) If the effective date for the elementary opt-in | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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(5.5) After the formation of a cooperative high school by 2 or more school districts under Section 10-22.22c of this Code, a computation shall be made to determine the difference between the salaries effective in each of the previously existing high schools on June 30 prior to the formation of the cooperative high school. For the first 4 years after the formation of the cooperative high school, a supplementary State aid reimbursement shall be paid to the cooperative high school equal to the difference between the sum of the salaries earned by each of the certificated members of the cooperative high school while employed in one of the previously existing high schools during the year immediately preceding the formation of the cooperative high school and the sum of the salaries those certificated members would have been paid during the year immediately prior to the formation of the cooperative high school if placed on the salary schedule of the previously existing high school with the highest salary schedule. (5.10) After the annexation of territory detached from
another school district whereby the enrollment of the annexing
district increases by 90% or more as a result of the
annexation, a computation shall be made to determine the
difference between the salaries effective in the district
gaining territory and the district losing territory as they
each were constituted on June 30 preceding the date when the
change of boundaries attributable to the annexation became
effective for all purposes as determined under Section 7-9 of
this Code. For the first 4 years after the annexation, a
supplementary State aid reimbursement shall be paid to the
annexing district equal to the difference between the sum of
the salaries earned by each of the certificated members of the
annexing district as constituted after the annexation while
employed in the district gaining territory or the district
losing territory during the year immediately preceding the
annexation and the sum of the salaries those certificated
members would have been paid during such immediately preceding
year if placed on the salary schedule of whichever of the
district gaining territory or district losing territory had the
highest salary schedule during the immediately preceding year.
To be eligible for supplementary State aid reimbursement under
this Section, the intergovernmental agreement to be submitted
pursuant to Section 7-14A of this Code must show that staff
members were transferred from the control of the district
losing territory to the control of the district gaining
territory in the annexation. The changes to this Section made
by Public Act 95-707
are
intended to be retroactive and applicable to any annexation
taking effect on or after July 1, 2004. For annexations that are eligible for payments under this paragraph (5.10) and that are effective on or after July 1, 2004, but before January 11, 2008 (the effective date of Public Act 95-707), the first required yearly payment under this paragraph (5.10) shall be paid in the fiscal year of January 11, 2008 (the effective date of Public Act 95-707). Subsequent required yearly payments shall be paid in subsequent fiscal years until the payment obligation under this paragraph (5.10) is complete.
(5.15)
After the deactivation of a school facility in accordance with Section 10-22.22b of this Code, a computation shall be made to determine the difference between the salaries effective in the sending school district and each receiving school district on June 30 prior to the deactivation of the school facility. For the lesser of the first 4 years after the deactivation of the school facility or the length of the deactivation agreement, including any renewals of the original deactivation agreement, a supplementary State aid reimbursement shall be paid to each receiving district equal to the difference between the sum of the salaries earned by each of the certificated members transferred to that receiving district as a result of the deactivation while employed in the sending district during the year immediately preceding the deactivation and the sum of the salaries those certificated members would have been paid during the year immediately preceding the deactivation if placed on the salary schedule of the sending or receiving district with the highest salary schedule. (6) The supplementary State aid reimbursement under this subsection (b) shall be treated as separate from all other payments made pursuant to Section 18-8.05 of this Code. In the case of the formation of a new district or cooperative high school or a deactivation, reimbursement shall begin during the first year of operation of the new district or cooperative high school or the first year of the deactivation, and in the case of an annexation of the territory of one or more school districts by one or more other school districts or the annexation of territory detached from a school district whereby
the enrollment of the annexing district increases by 90% or
more as a result of the annexation, reimbursement shall begin during the first year when the change in boundaries attributable to the annexation becomes effective for all purposes as determined pursuant to Section 7-9 of this Code, except that for an annexation of territory detached from a school district that is effective on or after July 1, 2004, but before January 11, 2008 (the effective date of Public Act 95-707), whereby the enrollment of the annexing district increases by 90% or more as a result of the annexation, reimbursement shall begin during the fiscal year of January 11, 2008 (the effective date of Public Act 95-707). Each year that the new, annexing, or receiving district or cooperative high school, as the case may be, is entitled to receive reimbursement, the number of eligible certified members who are employed on October 1 in the district or cooperative high school shall be certified to the State Board of Education on prescribed forms by October 15 and payment shall be made on or before November 15 of that year. (c)(1) For the first year after the formation of a combined school district, as defined in Section 11E-20 of this Code or a unit district, as defined in Section 11E-25 of this Code, a computation shall be made totaling each previously existing district's audited fund balances in the educational fund, working cash fund, operations and maintenance fund, and transportation fund for the year ending June 30 prior to the referendum for the creation of the new district. The new district shall be paid supplementary State aid equal to the sum of the differences between the deficit of the previously existing district with the smallest deficit and the deficits of each of the other previously existing districts. (2) For the first year after the annexation of all of the territory of one or more entire school districts by another school district, as defined in Article 7 of this Code, computations shall be made, for the year ending June 30 prior to the date that the change of boundaries attributable to the annexation is allowed by the affirmative decision issued by the regional board of school trustees under Section 7-6 of this Code, notwithstanding any effort to seek administrative review of the decision, totaling the annexing district's and totaling each annexed district's audited fund balances in their respective educational, working cash, operations and maintenance, and transportation funds. The annexing district as constituted after the annexation shall be paid supplementary State aid equal to the sum of the differences between the deficit of whichever of the annexing or annexed districts as constituted prior to the annexation had the smallest deficit and the deficits of each of the other districts as constituted prior to the annexation. (3) For the first year after the annexation of all of the territory of one or more entire school districts by 2 or more other school districts, as defined by Article 7 of this Code, computations shall be made, for the year ending June 30 prior to the date that the change of boundaries attributable to the annexation is allowed by the affirmative decision of the regional board of school trustees under Section 7-6 of this Code, notwithstanding any action for administrative review of the decision, totaling each annexing and annexed district's audited fund balances in their respective educational, working cash, operations and maintenance, and transportation funds. The annexing districts as constituted after the annexation shall be paid supplementary State aid, allocated as provided in this paragraph (3), in an aggregate amount equal to the sum of the differences between the deficit of whichever of the annexing or annexed districts as constituted prior to the annexation had the smallest deficit and the deficits of each of the other districts as constituted prior to the annexation. The aggregate amount of the supplementary State aid payable under this paragraph (3) shall be allocated between or among the annexing districts as follows: (A) the regional superintendent of schools for each | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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(4) For the new elementary districts and new high school district formed through a school district conversion, as defined in Section 11E-15 of this Code or the new elementary district or districts and new combined high school - unit district formed through a multi-unit conversion, as defined in subsection (b) of Section 11E-30 of this Code, a computation shall be made totaling each previously existing district's audited fund balances in the educational fund, working cash fund, operations and maintenance fund, and transportation fund for the year ending June 30 prior to the referendum establishing the new districts. In the first year of the new districts, the State shall make a one-time supplementary payment equal to the sum of the differences between the deficit of the previously existing district with the smallest deficit and the deficits of each of the other previously existing districts. A district with a combined balance among the 4 funds that is positive shall be considered to have a deficit of zero. The supplementary payment shall be allocated among the newly formed high school and elementary districts in the manner provided by the petition for the formation of the districts, in the form in which the petition is approved by the regional superintendent of schools or State Superintendent of Education under Section 11E-50 of this Code. (5) For each newly created partial elementary unit district, as defined in subsection (a) or (c) of Section 11E-30 of this Code, a computation shall be made totaling the audited fund balances of each previously existing district that formed the new partial elementary unit district in the educational fund, working cash fund, operations and maintenance fund, and transportation fund for the year ending June 30 prior to the referendum for the formation of the partial elementary unit district. In the first year of the new partial elementary unit district, the State shall make a one-time supplementary payment to the new district equal to the sum of the differences between the deficit of the previously existing district with the smallest deficit and the deficits of each of the other previously existing districts. A district with a combined balance among the 4 funds that is positive shall be considered to have a deficit of zero. (6) For an elementary opt-in as defined in subsection (d) of Section 11E-30 of this Code, the deficit fund balance incentive shall be computed in accordance with paragraph (5) of this subsection (c) as if the opted-in elementary was included in the optional elementary unit district at the optional elementary unit district's original effective date. If the calculation in this paragraph (6) is less than that calculated in paragraph (5) of this subsection (c) at the optional elementary unit district's original effective date, then no adjustments may be made. If the calculation in this paragraph (6) is more than that calculated in paragraph (5) of this subsection (c) at the optional elementary unit district's original effective date, then the excess must be paid as follows: (A) If the effective date for the elementary opt-in | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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(6.5) For the first year after the annexation of territory
detached from another school district whereby the enrollment of
the annexing district increases by 90% or more as a result of
the annexation, a computation shall be made totaling the
audited fund balances of the district gaining territory and the
audited fund balances of the district losing territory in the
educational fund, working cash fund, operations and
maintenance fund, and transportation fund for the year ending
June 30 prior to the date that the change of boundaries
attributable to the annexation is allowed by the affirmative
decision of the regional board of school trustees under Section
7-6 of this Code, notwithstanding any action for administrative
review of the decision. The annexing district as constituted
after the annexation shall be paid supplementary State aid
equal to the difference between the deficit of whichever
district included in this calculation as constituted prior to
the annexation had the smallest deficit and the deficit of each
other district included in this calculation as constituted
prior to the annexation, multiplied by the ratio of equalized
assessed value of the territory detached to the total equalized
assessed value of the district losing territory. The regional
superintendent of schools for the educational service region in
which a district losing territory is located prior to the
annexation shall certify to the State Board of Education the
value of all taxable property in the district losing territory
and the value of all taxable property in the territory being
detached, as last equalized or assessed by the Department of
Revenue prior to the annexation. To be eligible for
supplementary State aid reimbursement under this Section, the
intergovernmental agreement to be submitted pursuant to
Section 7-14A of this Code must show that fund balances were
transferred from the district losing territory to the district
gaining territory in the annexation. The changes to this
Section made by Public Act 95-707
are intended to be retroactive and applicable to any
annexation taking effect on or after July 1, 2004. For annexations that are eligible for payments under this paragraph (6.5) and that are effective on or after July 1, 2004, but before January 11, 2008 (the effective date of Public Act 95-707), the required payment under this paragraph (6.5) shall be paid in the fiscal year of January 11, 2008 (the effective date of Public Act 95-707).
(7) For purposes of any calculation required under paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this subsection (c), a district with a combined fund balance that is positive shall be considered to have a deficit of zero. For purposes of determining each district's audited fund balances in its educational fund, working cash fund, operations and maintenance fund, and transportation fund for the specified year ending June 30, as provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), the balance of each fund shall be deemed decreased by an amount equal to the amount of the annual property tax theretofore levied in the fund by the district for collection and payment to the district during the calendar year in which the June 30 fell, but only to the extent that the tax so levied in the fund actually was received by the district on or before or comprised a part of the fund on such June 30. For purposes of determining each district's audited fund balances, a calculation shall be made for each fund to determine the average for the 3 years prior to the specified year ending June 30, as provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), of the district's expenditures in the categories "purchased services", "supplies and materials", and "capital outlay", as those categories are defined in rules of the State Board of Education. If this 3-year average is less than the district's expenditures in these categories for the specified year ending June 30, as provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), then the 3-year average shall be used in calculating the amounts payable under this Section in place of the amounts shown in these categories for the specified year ending June 30, as provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). Any deficit because of State aid not yet received may not be considered in determining the June 30 deficits. The same basis of accounting shall be used by all previously existing districts and by all annexing or annexed districts, as constituted prior to the annexation, in making any computation required under paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). (8) The supplementary State aid payments under this subsection (c) shall be treated as separate from all other payments made pursuant to Section 18-8.05 of this Code. (d)(1) Following the formation of a combined school district, as defined in Section 11E-20 of this Code, a new unit district, as defined in Section 11E-25 of this Code, a new elementary district or districts and a new high school district formed through a school district conversion, as defined in Section 11E-15 of this Code, a new partial elementary unit district, as defined in Section 11E-30 of this Code, or a new elementary district or districts formed through a multi-unit conversion, as defined in subsection (b) of Section 11E-30 of this Code, or the annexation of all of the territory of one or more entire school districts by one or more other school districts, as defined in Article 7 of this Code, a supplementary State aid reimbursement shall be paid for the number of school years determined under the following table to each new or annexing district equal to the sum of $4,000 for each certified employee who is employed by the district on a full-time basis for the regular term of the school year: | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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The State Board of Education shall make a one-time calculation of a reorganized district's quintile ranks. The average daily attendance used in this calculation shall be the best 3 months' average daily attendance for the district's first year. The equalized assessed value per pupil shall be the district's real property equalized assessed value used in calculating the district's first-year general State aid claim, under Section 18-8.05 of this Code, or first-year evidence-based funding claim, under Section 18-8.15 of this Code, as applicable, divided by the best 3 months' average daily attendance. No annexing or resulting school district shall be entitled to supplementary State aid under this subsection (d) unless the district acquires at least 30% of the average daily attendance of the district from which the territory is being detached or divided. If a district results from multiple reorganizations that would otherwise qualify the district for multiple payments under this subsection (d) in any year, then the district shall receive a single payment only for that year based solely on the most recent reorganization. (2) For an elementary opt-in, as defined in subsection (d) of Section 11E-30 of this Code, the full-time certified staff incentive shall be computed in accordance with paragraph (1) of this subsection (d), equal to the sum of $4,000 for each certified employee of the elementary district that opts-in who is employed by the optional elementary unit district on a full-time basis for the regular term of the school year. The calculation from this paragraph (2) must be paid as follows: (A) If the effective date for the elementary opt-in | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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(2.5) Following the formation of a cooperative high school by 2 or more school districts under Section 10-22.22c of this Code, a supplementary State aid reimbursement shall be paid for 3 school years to the cooperative high school equal to the sum of $4,000 for each certified employee who is employed by the cooperative high school on a full-time basis for the regular term of any such school year. If a cooperative high school results from multiple agreements that would otherwise qualify the cooperative high school for multiple payments under this Section in any year, the cooperative high school shall receive a single payment for that year based solely on the most recent agreement. (2.10) Following the annexation of territory detached from
another school district whereby the enrollment of the annexing
district increases 90% or more as a result of the annexation, a
supplementary State aid reimbursement shall be paid to the
annexing district equal to the sum of $4,000 for each certified
employee who is employed by the annexing district on a
full-time basis and shall be calculated in accordance with
subsection (a) of this Section. To be eligible for
supplementary State aid reimbursement under this Section, the
intergovernmental agreement to be submitted pursuant to
Section 7-14A of this Code must show that certified staff
members were transferred from the control of the district
losing territory to the control of the district gaining
territory in the annexation. The changes to this Section made
by Public Act 95-707
are
intended to be retroactive and applicable to any annexation
taking effect on or after July 1, 2004. For annexations that are eligible for payments under this paragraph (2.10) and that are effective on or after July 1, 2004, but before January 11, 2008 (the effective date of Public Act 95-707), the first required yearly payment under this paragraph (2.10) shall be paid in the second fiscal year after January 11, 2008 (the effective date of Public Act 95-707). Any subsequent required yearly payments shall be paid in subsequent fiscal years until the payment obligation under this paragraph (2.10) is complete.
(2.15)
Following the deactivation of a school facility in accordance with Section 10-22.22b of this Code, a supplementary State aid reimbursement shall be paid for the lesser of 3 school years or the length of the deactivation agreement, including any renewals of the original deactivation agreement, to each receiving school district equal to the sum of $4,000 for each certified employee who is employed by that receiving district on a full-time basis for the regular term of any such school year who was originally transferred to the control of that receiving district as a result of the deactivation. Receiving districts are eligible for payments under this paragraph (2.15)
based on the certified employees transferred to that receiving district as a result of the deactivation and are not required to receive at least 30% of the deactivating district's average daily attendance as required under paragraph (1) of this subsection (d) to be eligible for payments. (3) The supplementary State aid reimbursement payable under this subsection (d) shall be separate from and in addition to all other payments made to the district pursuant to any other Section of this Article. (4) During May of each school year for which a supplementary State aid reimbursement is to be paid to a new, annexing, or receiving school district or cooperative high school pursuant to this subsection (d), the school board or governing board shall certify to the State Board of Education, on forms furnished to the school board or governing board by the State Board of Education for purposes of this subsection (d), the number of certified employees for which the district or cooperative high school is entitled to reimbursement under this Section, together with the names, certificate numbers, and positions held by the certified employees. (5) Upon certification by the State Board of Education to the State Comptroller of the amount of the supplementary State aid reimbursement to which a school district or cooperative high school is entitled under this subsection (d), the State Comptroller shall draw his or her warrant upon the State Treasurer for the payment thereof to the school district or cooperative high school and shall promptly transmit the payment to the school district or cooperative high school through the appropriate school treasurer.
(Source: P.A. 100-465, eff. 8-31-17.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||
(105 ILCS 5/11E-190) Sec. 11E-190. (Repealed).
(Source: P.A. 97-503, eff. 8-23-11. Repealed internally, eff. 1-31-13.) |
(105 ILCS 5/Art. 12 heading) ARTICLE 12.
HIGH SCHOOL DISTRICTS--NONHIGH SCHOOL DISTRICTS--COMMUNITY HIGH
SCHOOL DISTRICTS
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(105 ILCS 5/12-1) (from Ch. 122, par. 12-1)
Sec. 12-1.
(Repealed).
(Source: Laws 1965, p. 225. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/12-2) (from Ch. 122, par. 12-2)
Sec. 12-2.
(Repealed).
(Source: P.A. 81-1490. Repealed by 89-159, eff. 1-1-96.)
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(105 ILCS 5/12-6) (from Ch. 122, par. 12-6)
Sec. 12-6.
(Repealed).
(Source: P.A. 79-1366. Repealed by 89-159, eff. 1-1-96.)
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(105 ILCS 5/12-7) (from Ch. 122, par. 12-7)
Sec. 12-7.
(Repealed).
(Source: P.A. 84-545. Repealed by 89-159, eff. 1-1-96.)
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(105 ILCS 5/12-8) (from Ch. 122, par. 12-8)
Sec. 12-8.
(Repealed).
(Source: Laws 1965, p. 3739. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/12-9) (from Ch. 122, par. 12-9)
Sec. 12-9.
Application of laws of community high school district to
other districts.
All high school districts shall be governed by the provisions of this
Act for the operation of a community high school district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 12-10 heading)
NON-HIGH SCHOOL DISTRICTS
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(105 ILCS 5/12-10) (from Ch. 122, par. 12-10)
Sec. 12-10.
Territory constituting - Board of education.
All the territory of each county not included in a district
maintaining a recognized four year high school is a non-high school
district for the purpose of levying a tax to pay the tuition of all
eighth grade graduates residing therein, including pupils attending a
recognized two or three year high school conducted by a school district.
The board of education for each non-high school district shall consist
of the county superintendent of schools who shall be an ex-officio
member of the board and secretary thereof but who shall have no vote,
and 3 members each of whom shall serve for 4 years from the
first Monday of the month following his election. At the first such election
those elected shall, by lot, determine one to serve for 2 years and 2 for
4 years; thereafter all terms shall be for 4 years. When a vacancy occurs
on the board, the remaining members shall, within 30 days, fill the
vacancy by appointment until the next regular election for members of the board.
Within 10 days after the commencement of their terms the members of the
board shall meet and organize by electing one of their number president.
Notwithstanding any provision of Article 7 the non-high school board
shall remain in existence after the elimination of all the non-high
school territory of the county for which it was elected until it
prepares for and delivers to the county clerk a final statement showing
the amount of debts or obligations, other than bonded indebtedness, of
the district, the date upon which such debts or obligations were
incurred and to whom the obligations run, together with a map showing
the extent of the territory on such dates.
This section does not prevent the organization of any territory of
non-high school districts into community high school districts.
(Source: P.A. 80-1469.)
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(105 ILCS 5/12-11) (from Ch. 122, par. 12-11)
Sec. 12-11.
Duties of board of education.
The board of education of a non-high school district shall perform the
duties prescribed in sections 12-11.1 through 12-11.5.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)
Sec. 12-11.1.
Tax levy.
Levy a tax annually upon all the taxable property of the district not
to exceed 1% of value as equalized or assessed by the Department of
Revenue, for the purpose of paying the tuition of all
eighth-grade graduates residing within the district attending any
recognized high school. The board of education of such nonhigh school
district may by proper resolution cause a proposition to increase the
annual tax rate for such purpose to be submitted to the voters of such
district at any regular scheduled election. The rate shall not be
increased at any single referendum more than 0.21% upon the value as
equalized or assessed by the Department of Revenue for
such purpose, and the maximum rate for such purpose shall not exceed
1.60%. Such amount shall be certified and returned to the county clerk
on or before the last Tuesday in September of each year. The certificate
shall be signed by the president and the secretary of the board and may
be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars to be
levied as a special tax to pay the tuition of graduates of the eighth
grade residing in the nonhigh school district of .... County, on the
equalized assessed valuation of the taxable property of our nonhigh
school district.
Signed on (insert date).
A..... B....., President
C..... D....., Secretary
A failure to certify and return the certificate of tax levy to the
county clerk in the time required shall not vitiate the assessment.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/12-11.2) (from Ch. 122, par. 12-11.2)
Sec. 12-11.2.
Orders for payment of tuition.
Issue orders on the county treasurer for the payment of the tuition of
eighth-grade graduates residing within the non-high school district
attending a recognized high school, provided such attendance is certified
to the board by the board of education of the high school attended. Such
orders shall be payable out of any funds belonging to the district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-11.3) (from Ch. 122, par. 12-11.3)
Sec. 12-11.3.
Reports.
Make such reports as may be required by the State Board of Education
and by the regional
superintendent of schools.
(Source: P.A. 81-1508.)
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(105 ILCS 5/12-11.5) (from Ch. 122, par. 12-11.5)
Sec. 12-11.5.
Transportation of pupils.
If in the discretion of the board of education sufficient moneys of the
district are available after payment of the other expenses of the district,
including tuition, may provide free transportation for the pupils of their
district not living within one and one-half miles of a high school which
they may lawfully attend to the most convenient high school which such
pupils may lawfully attend under the provisions of this Act, or reimburse
pupils living in a portion of such district which cannot be reached by bus
or train for the reasonable cost of their transportation, or for the amount
necessarily expended by them for transportation in attending a high school
approved by such board.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-12) (from Ch. 122, par. 12-12)
Sec. 12-12.
Anticipation warrants.
When there is no money in the treasury
of any non-high school
district to defray the necessary expenses of the district, including
amounts necessary to pay maturing principal and interest of bonds, the
board of education may issue warrants or may provide a fund to meet the
expenses by issuing and disposing of warrants drawn against and in
anticipation of any taxes levied for the payment of such expenses,
either for educational or building purposes or for the payment of
maturing principal and interest of bonds, to the extent of 85% of the
total amount of the tax so levied. The warrants shall show upon their
faces that they are payable, in the numerical order of their issuance,
solely from such taxes when collected, and shall be received by any
collector of taxes in payment of the taxes against which they are
issued, and such taxes shall be set apart and held for their payment.
Every warrant shall bear interest payable only out of the taxes
against which it is drawn, at the rate of not more than the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, for
warrants issued before January 1, 1972 and not more than the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
for warrants issued after January 1, 1972, from the date of its issuance
until paid or until notice is given by publication in a newspaper or
otherwise that the money for its payment is available and that it will
be paid on presentation, unless a lower rate of interest shall be
specified therein, in which case the interest shall be computed and paid
at the lower rate.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/12-13) (from Ch. 122, par. 12-13)
Sec. 12-13.
Bond issue - Resolution - Election.
If there has been a delay in the extension and collection of taxes
levied by the governing body of any nonhigh school district caused by a
reassessment of real property therein, the district may issue bonds for
the purpose of paying unpaid tuition claims or other claims against it.
Before any nonhigh school district issues any such bonds the board
of education shall examine and consider the claims proposed to be paid,
and if it appears that they were authorized and allowed for proper
nonhigh school purposes, it shall adopt a resolution so declaring and
set forth and describe in detail such claims. The adoption of the
resolution shall establish the validity thereof. The resolution shall
also declare the intention of the nonhigh school district to issue
bonds for the purpose of paying such claims and direct that notice of
such intention be published at least once in a newspaper published and having
a general circulation in the district, if there be one, but if there is no
newspaper published in such district then by publishing such notice in a
newspaper having a general circulation in the district or if no newspaper
is published in the district in one or more newspapers with a general
circulation in the district. The notice shall include a statement of (1)
the specific number of voters required to sign a petition requesting that
the question of the adoption of the resolution be submitted to the electors
of the district; (2) the time in which the petition must be filed; and (3)
the date of the prospective referendum.
The recording officer of the district shall provide a petition form to any
individual requesting one. If within 30 days after the
publication a petition is filed with the recording officer of the
district, signed by voters of the district
equal to 10% or more of the registered voters of the district, requesting
that the proposition to issue the bonds be submitted to the voters
thereof, then such district shall not be authorized to issue them until
either the petition has been determined to be invalid or insufficient or
the proposition has been submitted to and approved by a majority of the
voters voting on the proposition at a regular scheduled election. The board
shall certify the proposition to the proper election authorities for submission
in accordance with the general election law. If no such petition
is filed, or if any and all petitions filed are invalid, such
district may issue the bonds. In addition to the requirements of the general
election law the notice of the election shall set forth the
intention of the district to issue bonds under the provisions of this
Section. The ballot to be used at the election shall be in substantially
the following form:
OFFICIAL BALLOT
Shall the Board of Educationof Nonhigh School District No. YES...., .... County, Illinois, be authorized to issue bonds as authorized NOby Sec. 12-13 of the School Code?
(Source: P.A. 87-767.)
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(105 ILCS 5/12-14) (from Ch. 122, par. 12-14)
Sec. 12-14.
Resolution authorizing issue - Interest - Maturity - Taxes - Sale or exchange.
Any non-high school district which has complied with the provisions of
Section 12-13 and which is authorized to issue bonds thereunder shall
adopt a resolution authorizing the issue of bonds. The resolution shall set
forth the date, denomination, rate of interest and maturities of the bonds,
fix all the details with respect to the issue and execution thereof, and
provide for the levy of a separate tax sufficient to pay both principal and
interest of the bonds as they mature. The bonds shall bear interest at a
rate not to exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract,
for bonds issued before January
1, 1972 and
not to exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, for
bonds issued after January
1, 1972, payable
annually or semi-annually as the board of education may determine, and
mature in not more than 20 years from the date thereof.
A certified copy of the resolution shall be filed with the county clerk
of the county in which the non-high school district is situated. The county
clerk shall annually extend taxes against all of the taxable property
contained in the non-high school district in amounts sufficient to pay
maturing principal and interest of the bonds without limitation as to rate
and amount, and in addition to and in excess of any taxes authorized to be
levied by the district.
The bonds may be exchanged par for par for unpaid tuition claims or
other unpaid claims or both or may be sold and the proceeds used to pay
such claims.
Purchasers of bonds shall not be obligated to inquire into the validity
of the claims funded thereby but the determination of the board of
education by resolution to issue such bonds for such purpose shall be
conclusive evidence to such purchaser or owner as to the validity of the
claims thereby funded.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/12-15) (from Ch. 122, par. 12-15)
Sec. 12-15.
Bonds to pay tuition or judgments - Resolution - Election.
Any nonhigh school district may issue bonds for the purpose of
paying unpaid tuition claims or judgments which have been obtained by
any school district against the nonhigh school district on unpaid
tuition claims, or for the purpose of paying other claims against the
nonhigh school district.
Before any such district issues any such bonds the board of education
thereof shall examine and consider the claims for unpaid tuition and
other claims proposed to be paid including any judgments obtained
against the district on unpaid tuition claims and if it appears that
such claims and judgments were authorized and allowed for proper
nonhigh school purposes, it shall adopt a resolution so declaring and
set forth and describe in detail such claims and judgments and the
adoption of the resolution shall establish the validity thereof. The
intention of the district to issue bonds for the purpose of paying such
claims and judgments shall be declared in the resolution and it shall be
directed therein that notice of such intention be published in accordance
with the general election law. The
proposition to issue bonds shall be certified to the proper election authorities
for submission to the voters of the district at a regular
scheduled election, in accordance with the general election law and if
approved by a majority of such voters voting thereon the district may
issue the bonds. In addition to the requirements in the general election
law notice of the election shall set forth the intention of
the district to issue bonds under the provisions of this Section. The
proposition shall be in substantially the following form:
OFFICIAL BALLOT
Shall the Board of Education ofNonhigh School District No....., YES.... County, Illinois, be authorized to issue bonds as authorized by NOSection 12-15 of the School Code?
(Source: P.A. 81-1489.)
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(105 ILCS 5/12-16) (from Ch. 122, par. 12-16)
Sec. 12-16.
Resolution authorizing issue - interest - maturity - taxes - sale or
exchange.
Any non-high school district which has complied with Section 12-15 and
which is authorized to issue bonds thereunder shall adopt a resolution
authorizing their issuance. The resolution shall set forth the date,
denomination, rate of interest and maturities of the bonds, fix all details
with respect to the issue and execution thereof, and provide for the levy
of a separate tax sufficient to pay both principal and interest of the
bonds as they mature. The bonds shall bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable annually
or semi-annually as
the board of education
may determine, and mature in not more than 20 years from the date thereof.
A certified copy of the resolution authorizing the issue of the bonds
shall be filed with the county clerk of the county in which the non-high
school district is situated and the county clerk shall annually extend
taxes against all of the taxable property in the non-high school district
in amounts sufficient to pay maturing principal and interest of the bonds
without limitation as to rate and amount, and in addition to and in excess
of any taxes authorized to be levied by the district.
The bonds may be exchanged par for par for unpaid tuition claims or such
judgment or judgments or other unpaid claims or both, or may be sold and
the proceeds used to pay such claims or judgments.
Purchasers of bonds shall not be obligated to inquire into the validity
of the claims funded thereby but the determination of the board of
education by resolution to issue them shall be conclusive evidence of the
validity of the claims thereby funded.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/12-17) (from Ch. 122, par. 12-17)
Sec. 12-17.
Clerk to extend taxes.
The County Clerk shall extend taxes to pay principal and interest of any
outstanding bonds of a non-high school district issued to fund and pay
unpaid tuition claims or judgments obtained by any school district against
a non-high school district on unpaid tuition claims, as provided by each
bond resolution on file in his office, against all the taxable property
included within the said non-high school district as of the date of the
said bonds, and the County Clerk shall extend taxes to pay principal and
interest of any outstanding refunding bonds, as provided by each bond
resolution on file in his office, against all of the taxable property
included within said non-high school district as of the date of the bonds
which were refunded thereby, and the County Clerk shall extend taxes for
the payment of principal and interest of any refunding bonds hereafter
issued, according to each such bond resolution on file in his office,
against all the taxable property included within any non-high school
district as of the date of the bonds of said District refunded thereby.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-18) (from Ch. 122, par. 12-18)
Sec. 12-18.
Winding up of affairs of Non-High School District.
Upon the elimination of any non-high school district, as provided by
Section 12-24 of this Article, the Regional Superintendent
of Schools, the County Treasurer and the County Clerk shall constitute a Board
of
Education, ex-officio, for the purpose of winding up the affairs of the
non-high school district and paying all outstanding
obligations. The County Treasurer shall be Treasurer, ex-officio, of that Board
to receive
and collect all delinquent taxes and taxes in process of collection of the
district at the time of its elimination, and the Board shall apply the
taxes so collected to the payment of any outstanding obligations of the
eliminated non-high school district. Such Board of Education shall
meet annually by the second Tuesday in September of each year and ascertain
the amount of outstanding bonds of the non-high school district, the
amount of funds on hand from the tax levies for the payment of either
principal or interest, or both, of such bond issues, and to ascertain the
deficiencies in the collection of the taxes for the purpose of paying such
principal and interest of such bonds, and to provide for and levy taxes
annually in an amount sufficient to make up the deficiency in the levy and
collection of such taxes for the purpose of paying in full the principal and
interest of any outstanding bonds of such non-high school district. Such
Board of Education shall file with the County Clerk by the second Monday of
October in each year a certificate of the amounts necessary to be levied to
make up any deficiency in the collection of taxes for payment of principal
and interest of any outstanding bonds of the non-high school district over
the signature of the Regional Superintendent of Schools and
the County Treasurer,
and the County Clerk shall extend the tax for the deficiency as so
ascertained against all the taxable property of the non-high school
district as it existed as of the date of the bonds for which the tax levy
is made, and in accordance with the provisions of Section 12-17 of this
Article.
After payment of all outstanding bonds or after provision has been made
for the payment of such bonds, any funds remaining in the bond principal
and interest account shall be paid by the Board to high school districts
organized since January 1, 1955 solely from the territory of an eliminated
non-high school district. Payment to each high school district shall be
made in the same ratio as the assessed valuation of each high school
district bears to the total valuation of all high school districts to which
payment is being made. In the event payment is made in more than one
installment, second and succeeding installments shall be computed on the
basis of the same percentages as were used for the first payment.
(Source: P.A. 86-1028.)
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(105 ILCS 5/12-19) (from Ch. 122, par. 12-19)
Sec. 12-19.
Treasurer.
The county treasurer shall be the treasurer of the non-high school
district of the county. He shall: (1) receive and hold all moneys belonging
to the district and disburse them upon lawful orders issued by the board of
education of the district; (2) report to the secretary of the board of
education of the district on or before June 30, annually, the receipts and
expenditures of funds belonging to the district and the balance on hand;
(3) make annually a complete report to the county superintendent of
schools, including therein whatever statistics may be required by the
county superintendent; (4) perform such other duties in connection with the
non-high school district as are performed by the township treasurers for
school districts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-20) (from Ch. 122, par. 12-20)
Sec. 12-20.
Attendance in other districts.
If a recognized two or three year high school is conducted in a non-high
school district, any eighth grade graduate residing in the district, upon
the approval of the county superintendent of schools, may attend a
recognized high school more convenient in some district other than the
district in which he resides and his tuition shall be paid by the board of
education of the non-high school district. If no recognized two or three
year high school is conducted in a non-high school district, any eighth
grade graduate residing in the district may attend any recognized two,
three or four year high school, and his tuition shall be paid by the board
of education of the non-high school district.
When non-high school territory is eliminated from the non-high school
district the pupils residing in the former non-high school territory who
have been attending a recognized public high school in another district as
tuition pupils may continue to attend such school until their high school
education is finished and the annexing board shall pay the tuition after
the annexation of the former non-high school territory.
"Eighth grade graduate" in this section means any person of school age
who gives satisfactory evidence of having completed the first eight grades
of school work by presenting a certificate of promotion issued by the
school board of the school attended by him, or by passing an examination
given by the county superintendent of schools or by passing an examination
given by the school attended.
"Recognized high school" in this section means any public high school
providing a course of two or more years of work approved by the
Superintendent of Public Instruction.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-21) (from Ch. 122, par. 12-21)
Sec. 12-21.
Attendance in adjoining state.
Upon a determination by the State Board of Education and
of the regional superintendent of schools of the region in which a high
school student or an eighth grade graduate resides that no high school
of this State is readily accessible to the pupil or graduate, but that a
high school in an adjoining state providing a course of two or more
years of work approved by the State Board of Education of
this State is readily accessible to him, the pupil or graduate may
attend such high school in an adjoining state and the board of education
of the high school district or of the non-high school district in which
he resides shall pay his tuition.
(Source: P.A. 81-1508.)
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(105 ILCS 5/12-22) (from Ch. 122, par. 12-22)
Sec. 12-22.
Computation of tuition - audit of claims.
The tuition paid shall in no case exceed the per capita cost of
maintaining the high school attended, which tuition shall be computed by
dividing the total cost of conducting and maintaining the high school by
the average number of pupils enrolled, including tuition pupils.
Depreciation on the building and equipment of the high school attended
shall be included as part of the cost of maintaining the high school
attended, and the amount of annual depreciation on such building and
equipment shall be dependent upon the useful life of such property. The
board of education of any non-high school district may audit the claims of
any school submitting a claim for tuition, and shall, after making request
of the school board and the school treasurer, have access to the school
records and financial records of the district for the purpose of making the
audit.
The school board of the high school that the tuition pupils attend shall
certify not later than August 1, of each year, to the non-high school
board, the estimated amount of the tuition charges for the succeeding
school year.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-23) (from Ch. 122, par. 12-23)
Sec. 12-23.
Detachment of territory from non-high school district.
When all of the territory of the non-high school district is annexed to
one or more districts, the funds remaining to the credit of the non-high
school district and property of such district shall within 60 days be
apportioned and paid by the county board of school trustees to the
respective school districts to which non-high school territory has been
annexed since May 1, 1945, on the basis of the assessed valuation of the
non-high school territory annexed at the date of the annexation to the
respective school districts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-24) (from Ch. 122, par. 12-24)
Sec. 12-24. Elimination of non-high school district.
The territory of the non-high school district or unit district not maintaining
a high school in existence on January 1, 1950 of any county having a
population of 500,000 or less shall be automatically eliminated from the
non-high school district or unit district, unless (1) the non-high school territory is
adjacent to a district created by a special Act whose boundaries are
required by such Act to be coterminous with some city or village or to a
district maintaining grades 1 through 12 and (2) has children in such
territory who customarily attend the high school of such district and
(3) has no school district operating grades 9 through 12 to which such
territory could be annexed without impairing the educational
opportunities of the children of such territory and in such case the
territory shall remain non-high school territory.
Any such non-high school district including any unit district not maintaining
a high school pursuant to the provisions of this Section shall pay tuition
for high school students at a rate to be mutually agreed by the boards of
education of each district affected.
When territory is eliminated from a non-high school district or unit district
not maintaining a high school it shall
be annexed by the county board of school trustees as provided in Section
7-27 of this Code (now repealed).
Any non-high school district affected by such elimination and
annexation may continue to exercise all previously conferred and existing
powers pending final administrative or judicial affirmance thereof.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/12-25) (from Ch. 122, par. 12-25)
Sec. 12-25.
Non-high territory surrounded by water or possessing an
ancient grant.
Notwithstanding any of the provisions of this Article for the
elimination of non-high school territory and in addition to the exemptions
provided in this Article for the elimination of non-high school territory,
any non-high school territory that has no direct land connection with any
school district to which it could be annexed or any school district whose
inhabitants were entitled to the use and benefit of certain lands by virtue
of an ancient grant prior to the admission of Illinois to the Union and
which grant was recognized and confirmed by the government of the United
States, may be permitted to remain non-high school
territory, in whole or in part, or may be eliminated,
in whole or in part, from the non-high school district of the county as
part of an attachment, assignment, annexation, detachment, division, or
dissolution action of the regional board of school trustees. In the event
an elementary district is non-recognized by the State Board of Education,
the elementary district and that portion of any non-high school district
with coterminous boundaries with such elementary district shall be
assigned, annexed, and attached to a unit district or to an elementary
district and a high school district by the regional board of school
trustees under the guidelines of Section 7-11.
(Source: P.A. 86-139.)
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(105 ILCS 5/12-26) (from Ch. 122, par. 12-26)
Sec. 12-26.
Transferred territory liable for indebtedness-Levy of tax.
If any non-high school district or protectorate high school district has
outstanding debts and obligations other than bonded indebtedness the
territory constituting the district at the time the indebtedness is
incurred shall remain liable for the indebtedness even though the district
is dissolved or a part of the territory is detached from or ceases to be a
part of such district.
The board of education of the non-high school district or protectorate
high school district at the time of making its annual tax levy or prior to
the time it ceases to exist shall prepare and file with the county clerk a
map of the district showing the territory embraced therein prior to any
dissolution or change in the boundary thereof and shall also file with the
county clerk a statement certified by the county superintendent of schools
showing the amount of outstanding debts or obligations other than bonded
indebtedness of the district remaining unpaid, the time when the
indebtedness was created, the changes in the boundary of the district and
the date of such changes.
The board of education shall determine and certify to the county clerk
the amount of tax required for the purpose of paying the outstanding debts
or obligations other than bonded indebtedness and the county clerk shall
extend each year upon all the territory so liable a rate of tax necessary
to raise the amount thereof at the maximum rate permissible at the time the
territory ceased to be non-high school territory or protectorate high
school territory until such outstanding debts or obligations other than
bonded indebtedness have been paid.
When collected the tax shall be paid to the county superintendent of
schools who shall pay the debts and obligations other than bonded
indebtedness in the order that they were incurred.
(Source: P.A. 76-124.)
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(105 ILCS 5/Art. 13 heading) ARTICLE 13.
SCHOOLS FOR DESIGNATED PURPOSES
|
(105 ILCS 5/prec. Sec. 13-1 heading)
CONTINUATION SCHOOLS
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(105 ILCS 5/13-1)
Sec. 13-1. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-2)
Sec. 13-2. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-3)
Sec. 13-3. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-4)
Sec. 13-4. (Repealed).
(Source: Laws 1965, p. 3745. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-5)
Sec. 13-5. (Repealed).
(Source: Laws 1965, p. 3745. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-6)
Sec. 13-6. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-7)
Sec. 13-7. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-8)
Sec. 13-8. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/13-9)
Sec. 13-9. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/prec. Sec. 13-10 heading)
PARENTAL SCHOOLS
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(105 ILCS 5/13-10)
Sec. 13-10. (Repealed).
(Source: P.A. 81-1489. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/prec. Sec. 13-11 heading)
JUNIOR HIGH SCHOOLS
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(105 ILCS 5/13-11)
Sec. 13-11. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/prec. Sec. 13-12 heading)
JUNIOR COLLEGES
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(105 ILCS 5/13-12) (from Ch. 122, par. 13-12)
Sec. 13-12.
(Repealed).
(Source: Laws 1965, p. 1606. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/13-16) (from Ch. 122, par. 13-16)
Sec. 13-16.
(Repealed).
(Source: Laws 1965, p. 1606. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/13-17) (from Ch. 122, par. 13-17)
Sec. 13-17.
(Repealed).
(Source: P.A. 81-1489. Repealed by 89-159, eff. 1-1-96.)
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(105 ILCS 5/13-17.1) (from Ch. 122, par. 13-17.1)
Sec. 13-17.1.
(Repealed).
(Source: P.A. 87-767. Repealed by 89-159, eff. 1-1-96.)
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(105 ILCS 5/13-18) (from Ch. 122, par. 13-18)
Sec. 13-18.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/13-19) (from Ch. 122, par. 13-19)
Sec. 13-19.
(Repealed).
(Source: P.A. 78-592. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/13-19.1) (from Ch. 122, par. 13-19.1)
Sec. 13-19.1.
(Repealed).
(Source: Laws 1963, p. 3053. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/prec. Sec. 13-36 heading)
COUNTY NORMAL SCHOOLS
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(105 ILCS 5/13-36)
Sec. 13-36. (Repealed).
(Source: P.A. 79-1366. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/prec. Sec. 13-40 heading) DEPARTMENT OF JUVENILE JUSTICE SCHOOL DISTRICT(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-40) (from Ch. 122, par. 13-40)
Sec. 13-40. To increase the effectiveness of the Department of
Juvenile Justice and
thereby to better serve the interests of the people of Illinois the
following bill is presented.
Its purpose is to enhance the quality and scope of education for
inmates and wards within the Department of
Juvenile Justice so that they will
be better motivated and better equipped to restore themselves to
constructive and law-abiding lives in the community. The specific
measure sought is the creation of a school district within the
Department so that its educational programs can meet the needs of
persons committed and so the resources of public education at the state
and federal levels are best used, all of the same being contemplated
within the provisions of the Illinois State Constitution of 1970 which
provides that "A fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities." Therefore, on July 1, 2006, the Department of
Corrections
school district shall be transferred to the Department of Juvenile Justice. It shall be responsible for the education of youth
within the Department of
Juvenile Justice and inmates age 21 or under within the Department of Corrections who have not yet earned a high school diploma or a State of Illinois High School Diploma, and the district may establish
primary, secondary, vocational, adult, special, and advanced educational
schools as provided in this Act. The Department of Corrections retains authority as provided for in subsection (d) of Section 3-6-2 of the Unified Code of Corrections. The
Board of Education for this district shall with the aid and advice of
professional educational personnel of the Department of
Juvenile Justice and
the State Board of Education determine the
needs and type of schools and the curriculum for each school within the
school district and may proceed to establish the same through existing
means within present and future appropriations, federal and state school
funds, vocational rehabilitation grants and funds and all other funds,
gifts and grants, private or public, including federal funds, but not
exclusive to the said sources but inclusive of all funds which might be
available for school purposes.
(Source: P.A. 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
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(105 ILCS 5/13-41) (from Ch. 122, par. 13-41)
Sec. 13-41. The Board of Education for this school district shall be composed of
the Director of the Department of Juvenile Justice, 2 members appointed by
the Director of the Department of Juvenile Justice and 4 members appointed
by the State Board of Education,
at least one of whom shall
have knowledge of, or experience in, vocational education and one of
whom shall have knowledge of, or experience in, higher and continuing
education. All members of the
Board shall hold office for a period of 3 years, except that members shall continue to serve until their replacements are appointed. Vacancies shall be filled in like manner
for the unexpired balance of the term. The members appointed shall be
selected so far as is practicable on the basis of their knowledge of, or
experience in, problems of education in correctional, vocational and
general educational institutions. Members shall serve without
compensation, but shall be reimbursed for reasonable expenses incurred
in the performance of their duties.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-42) (from Ch. 122, par. 13-42)
Sec. 13-42. The Director of the
Department of Juvenile Justice shall be the President of the Board of Education and the Secretary of said Board of Education
shall be designated at the first regular meeting of said Board of
Education. The Board shall hold regular meetings upon the call of the
Chairman or any 3 members at such times as they may designate so long as
they meet at least 6 times a year. Public notice of meetings must be
given as prescribed in Sections 2.02 and 2.03 of "An Act in relation to
meetings", approved July 11, 1957, as heretofore or hereafter amended.
No official business shall be transacted by the Board except at a
regular or special meeting. A majority of said Board shall constitute a
quorum.
The Board shall keep a record of the official acts of the Board and
shall make reports as required by the State Board of Education and any
reports required which shall be applicable to this
type of school district and specifically shall maintain records to
substantiate all district claims for State aid in accordance with
regulations prescribed by the State Board of Education and to retain
such records for a period of three years.
The Board shall be supplied such clerical employee or employees as
are necessary for the efficient operation by the Department of
Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-43) (from Ch. 122, par. 13-43)
Sec. 13-43.
The Board of Education shall have the duties set out in Sections 13-43.1
through 13-43.20.
(Source: P.A. 86-1028.)
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(105 ILCS 5/13-43.1) (from Ch. 122, par. 13-43.1)
Sec. 13-43.1.
To report to the County Superintendent within ten days after their
employment the names of all teachers employed, with the dates of the
beginning of their term of service.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.2) (from Ch. 122, par. 13-43.2)
Sec. 13-43.2.
To adopt and enforce all necessary rules and for the management and
government of the public schools of their district.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.3) (from Ch. 122, par. 13-43.3)
Sec. 13-43.3.
To visit and inspect the public schools as the good of the schools may
require.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.4) (from Ch. 122, par. 13-43.4)
Sec. 13-43.4.
To close the schools during the holding of Teachers Institute.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.5) (from Ch. 122, par. 13-43.5)
Sec. 13-43.5.
To establish schools of different grades and levels and types as
enumerated in Section 13-40 of this Act, and to adopt regulations for the
admission of pupils into them.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.6) (from Ch. 122, par. 13-43.6)
Sec. 13-43.6.
To employ a superintendent who shall have charge of the administration
of the schools under the direction of the Board of Education. In addition
to the administrative duties, the superintendent shall make recommendations
to the Board concerning the budget, building plans, the location of sites,
the selection of textbooks, instructional material and courses of study.
The superintendent shall keep or cause to be kept the records and accounts
as directed and required of the Board, aid in making reports required by
the Board, and perform such other duties as the Board may delegate to him.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.7) (from Ch. 122, par. 13-43.7)
Sec. 13-43.7.
To employ supervisory personnel who hold valid supervisory or
administrative certificates who shall supervise the operation of attendance
centers as the Board shall determine necessary. Such supervisory personnel
shall assume administrative responsibilities and instructional leadership,
under the supervision of the superintendent, and in accordance with
reasonable rules and regulations of the Board, for the planning, operation
and evaluation of the educational program of the attendance area to which
he is assigned. Such supervisory personnel shall submit recommendations to
the superintendent concerning the appointment, retention, promotion and
assignment of all personnel assigned to the attendance center.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.8) (from Ch. 122, par. 13-43.8)
Sec. 13-43.8. To enter agreements with school districts, private junior colleges and
public community
colleges, and public
and private colleges and universities for the purpose of providing advanced
vocational training of students who desire preparation for a trade. Such
program would utilize private junior college and public community
college facilities
with transportation to and
from those facilities provided by the participating school district, or by
the participating school district in conjunction with other school
districts. The duration of the advanced vocational training program shall
be such period as the school district may approve, but it may not exceed 2
years. Participation in the program is accorded the same credit toward a
high school diploma as time spent in other courses. If a student of this
school district, because of his educational needs, attends a class or
school in another school district or educational facility, the Department of Juvenile Justice School District where he resides shall be granted the proper permit,
provide any necessary transportation, and pay to the school district or
educational facility maintaining the educational facility the proportional
per capita cost of educating such student.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-43.9) (from Ch. 122, par. 13-43.9)
Sec. 13-43.9.
To grant special holidays, but no deduction shall be made from the time
or compensation of a teacher on account of such days.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.10) (from Ch. 122, par. 13-43.10)
Sec. 13-43.10.
To have control and supervision of all schoolhouses in their district.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.11) (from Ch. 122, par. 13-43.11)
Sec. 13-43.11.
Subject to the rules and regulations of the Department of Juvenile Justice
and the laws and statutes applicable, the Board shall have the power and
the authority to assign to schools within the district and to expel or
suspend pupils for disciplinary purposes or to assign or reassign them as
the needs of the district or the pupil shall be determined best. Once a
student commences a course of training he shall attend all sessions unless
restricted by illness, a reasonable excuse or by direction of the
Department of Juvenile Justice or the facility at which he is located.
Conferences shall be held at regular periodic intervals with the ward or
the inmate and the school district authorities and facility officials shall
determine the extent the ward or inmate is benefiting from the particular
program, and shall further determine whether the said ward or inmate shall
continue in the program to which he is assigned or be dropped from the same
or be transferred to another program more suited to his needs or the school
district's needs.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-43.12) (from Ch. 122, par. 13-43.12)
Sec. 13-43.12.
To make the necessary rules and regulations as to enrollment,
attendance and all other matters regarding said school district and to
determine the educability of each inmate. Rules shall be promulgated to
prevent any discrimination as to race, creed, color, sex or nationality
throughout the entire system.
(Source: P.A. 80-1155.)
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(105 ILCS 5/13-43.13) (from Ch. 122, par. 13-43.13)
Sec. 13-43.13.
The length of the school year shall be determined by the Board of
Education, but must comply with minimum requirements as established by law.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.14) (from Ch. 122, par. 13-43.14)
Sec. 13-43.14.
The Board shall determine the branches and courses of study and the type
of schools for each facility as well as to establish special schools at
various facilities or facility within said district and to establish
district wide schools at one or more locations for special purposes, and is
empowered to enter into agreements with local school districts for the
purpose of using their facilities or coordinating facilities for a more
efficient use of funds, personnel, physical plants and other combined
available resources. The Board shall also determine the type of textbooks
and apparatus for said schools.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.15) (from Ch. 122, par. 13-43.15)
Sec. 13-43.15.
To name the various individual schools but said names need not be
associated or identified with the institution or facility within which they
are situated, the same may be named for distinguished American educators.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.16) (from Ch. 122, par. 13-43.16)
Sec. 13-43.16.
The Board of Education shall comply with and require all facilities
within the school district to comply with the rules, regulations, statutes,
both state and federal which are applicable to the individual unit. This
includes primary, secondary, vocational, adult educational, special
educational and advanced educational schools.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.17) (from Ch. 122, par. 13-43.17)
Sec. 13-43.17.
To employ teacher personnel in accordance with the Personnel Code, of
the State of Illinois, including Provisional Appointments, and such teacher
personnel will be subject to Article 16 of the "Illinois Pension Code" and
shall not be subject to Article 14 of that Code; and shall be subject to
the "Personnel Code." The Board may also utilize personnel as set forth in
Section 10-22.34 of this Act as well as vocational and occupational
instructors.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-43.18) (from Ch. 122, par. 13-43.18)
Sec. 13-43.18. To develop through consultation with the staff of the Department of
Juvenile Justice and the staff of the State Board of Education educational
goals and objectives for the correctional
education programs planned for or conducted by the district, along with
the methods for evaluating the extent to which the goals and objectives
are or have been achieved and to develop by July 1, 1973, a complete
financial control system for all educational funds and programs operated
by the school district.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-43.19) (from Ch. 122, par. 13-43.19)
Sec. 13-43.19.
To develop and annually revise an educational plan for achieving the
goals and objectives called for in Section 13-43.18 for the Department of Juvenile Justice with specific
recommendations for inmate educational assessment, curriculum, staffing and
other necessary considerations.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-43.20) (from Ch. 122, par. 13-43.20)
Sec. 13-43.20. To develop a method or methods for allocating state funds to the
Board for expenditure within the various divisions and/or for programs
conducted by the Board, and to annually determine the average per capita
cost of students in the Department of Juvenile Justice and the average per capita
cost of students in the Department of Corrections for education classes and/or
programs required to accomplish the educational goals and objectives and
programs specified in Sections 13-43.18 and 13-43.19
and recommend to
the State Board of Education
by July 15 of each year the per
capita amount necessary to operate the Department of Juvenile Justice School District's
educational program for the following fiscal year.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-44) (from Ch. 122, par. 13-44)
Sec. 13-44.
Other provisions, duties and conditions of the Department of Juvenile Justice
School District are set out in Sections 13-44.1 through 13-44.5.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-44.1) (from Ch. 122, par. 13-44.1)
Sec. 13-44.1.
All acts of school personnel, including the Board of Education, shall be
acts in a governmental capacity, this includes personnel as set forth in
Section 10-22.34 of this Act whose services the Board may utilize.
(Source: P.A. 77-1779.)
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(105 ILCS 5/13-44.2) (from Ch. 122, par. 13-44.2)
Sec. 13-44.2.
There shall be no restriction as to the age of students in this program,
and regardless of the age of its students, the district shall
have all the benefits, financial and otherwise, that are accorded to
other school districts,
including State and Federal grants and aid, Common School Funds,
and Vocational Rehabilitation Funds. In calculating such
benefits, those inmates or wards who have not
completed grade or high school and those taking vocational courses and
advanced courses shall be included.
(Source: P.A. 86-1028.)
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(105 ILCS 5/13-44.3) (from Ch. 122, par. 13-44.3)
Sec. 13-44.3. In order to fully carry out the purpose of this Act, the
School District through its Board or designated supervisory personnel,
with the approval of the Director of the Department of Juvenile Justice, may
authorize field trips outside of the particular institution or facility
where a school is established and may remove students therefrom or may with the
approval of the Director of the Department of Juvenile Justice transfer inmates
and wards to other schools and other facilities where particular subject
matter or facilities are more suited to or are needed to complete the
inmates' or wards' education. The
Director of the Department of Juvenile Justice may authorize an educational furlough for an inmate or
ward to attend institutions of higher education, other schools, vocational
or technical schools or enroll and attend classes in subjects not available
within the School District, to be financed by the inmate or ward or any
grant or scholarship which may be available,
including school aid funds of any kind when approved by the Board and the
Director of the Department.
The Department of Juvenile Justice may extend the limits of the place of
confinement of an inmate or ward under the above
conditions and for the above purposes, to leave for the aforesaid reasons,
the confines of such place, accompanied or unaccompanied, in the discretion
of the Director of such Department by a custodial agent or educational
personnel.
The willful failure of an inmate or ward to remain within the extended
limits of his or her confinement or to return within the time prescribed to the
place of confinement designated by the Department of Corrections or the Department of Juvenile Justice in
granting such extension or when ordered to return by the custodial personnel or
the educational personnel or other departmental order shall be deemed an
escape from the custody of such Department and punishable as provided in
the Unified Code of Corrections as to the Department of Corrections inmates, and the applicable provision of the Juvenile Court Act
of 1987 shall apply to wards of the
Department of Juvenile Justice who might abscond.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
Sec. 13-44.4.
Department of Corrections Reimbursement and Education
Fund; budget. All moneys received from the Common School Fund, federal aid and
grants, vocational and educational funds and grants, and gifts and grants by
individuals, foundations and corporations for educational purposes shall be
deposited into the Department of Corrections Reimbursement and Education
Fund in the State Treasury.
Moneys in the Department of Corrections Reimbursement and Education
Fund may be used, subject to appropriation, to pay the expense of
the schools and school district of the Department of Corrections together with
and supplemental to regular appropriations to the Department for educational
purposes, including, but not limited to, the cost of teacher salaries, supplies
and materials, building upkeep and costs, transportation, scholarships,
non-academic salaries, equipment and other school costs.
Beginning in 1972, the Board of Education shall, by November 15,
adopt an annual budget for the use of education moneys for the
next school year which it deems necessary to defray all necessary
expenses and liabilities of the district, and in such annual
budget shall specify the objects and purposes of each item and the amount
needed for each object or purpose. The budget shall contain a statement of
cash on hand at the beginning of the fiscal year, an estimate of the cash
expected to be received during such fiscal year from all sources, an estimate
of the expenditure contemplated for such fiscal year, and a statement of the
estimated cash expected to be on hand at the end of such year. Prior to the
adoption of the annual educational budget, this budget shall be submitted to
the Department of Corrections and the State Board of Education for
incorporation.
(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
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(105 ILCS 5/13-44.5) (from Ch. 122, par. 13-44.5)
Sec. 13-44.5.
In all cases where an inmate or ward is to leave the institution or
facility where he or she is confined for educational furloughs, vocational
training, for field trips or for any other reason herein stated, authority
must first be granted by the Department of Juvenile Justice and the said
authority shall be discretionary with the Department of Juvenile Justice. The
question of whether or not the said inmate or ward or group of inmates or
wards shall be accompanied or not accompanied by security personnel,
custodial agent or agents or only educational personnel shall be in the
discretion of the Department of Juvenile Justice. All transfers must be approved
by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13-44.6) Sec. 13-44.6. Department of Juvenile Justice Reimbursement and Education Fund; budget. Beginning July 1, 2022, all moneys received by the Department of Juvenile Justice from the Common School Fund, federal aid and grants, vocational and educational funds and grants, and gifts and grants by individuals, foundations and corporations for educational purposes shall be deposited into the Department of Juvenile Justice Reimbursement and Education Fund in the State Treasury. Moneys in the Department of Juvenile Justice Reimbursement and Education Fund may be used, subject to appropriation, to pay the expense of the schools and school district of the Department of Juvenile Justice together with and supplemental to regular appropriations to the Department for educational purposes, including, but not limited to, the cost of teacher salaries, supplies and materials, building upkeep and costs, transportation, scholarships, non-academic salaries, contractual services, equipment, and other school costs.
(Source: P.A. 102-699, eff. 7-1-22.) |
(105 ILCS 5/13-45) (from Ch. 122, par. 13-45)
Sec. 13-45.
Other provisions of this Code shall not apply to the Department of Juvenile Justice School District being all of the following Articles and
Sections: Articles 3, 3A, 4, 5, 6, 7, 8, and 9, those Sections of Article 10 in conflict with
any provisions of Sections 13-40 through 13-45, and Articles 11, 12, 15,
17, 18, 19, 19A, 20, 22, 24, 24A, 26, 31, 32, 33, and 34. Also Article 28 shall
not apply except that this School District may use any funds available from
State, Federal and other funds for the purchase of textbooks, apparatus and
equipment.
(Source: P.A. 98-689, eff. 1-1-15.)
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(105 ILCS 5/13-50)
Sec. 13-50. Contract cancellation; Macon-Piatt Regional Office of Education. All contracts between the Illinois Department of Corrections or the Illinois Department of Juvenile Justice and the Macon-Piatt Regional Office of Education to provide educational services for the Department of Corrections or the Department of Juvenile Justice shall be canceled in accordance with the terms of those contracts. Upon cancellation, each employee of the Macon-Piatt Regional Office of Education who had been providing educational services for the Department of Corrections or the Department of Juvenile Justice shall be offered certified employment status under the Personnel Code with the State of Illinois. To the extent that it is reasonably practicable, unless otherwise agreed to by the Department of Central Management Services and the collective bargaining representative, the position offered to each of these persons shall be at the same facility and shall consist of the same duties and hours as previously existed under the canceled contract or contracts.
(Source: P.A. 95-1021, eff. 6-1-09.) |
(105 ILCS 5/Art. 13A heading) ARTICLE 13A.
ALTERNATIVE PUBLIC SCHOOLS
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(105 ILCS 5/13A-0.5)
Sec. 13A-0.5.
This Article may be cited as the Safe Schools Law.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-1)
Sec. 13A-1.
Legislative declaration.
The General Assembly finds and
declares as follows:
(a) The children of this State constitute its most | ||
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(b) The State cannot provide its children with the | ||
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(c) That environment cannot be achieved unless an | ||
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(d) In most schools, although the disruptive students | ||
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(e) Disruptive students typically derive little | ||
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(f) Students need an appropriate, constructive | ||
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(g) Parents of school children statewide have | ||
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(h) Every school district in the State shall do all | ||
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(i) Administrative transfers may prove more | ||
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(j) Because of the urgency of the problems described | ||
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(k) While school districts shall comply with all | ||
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(l) An alternative school program established under | ||
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(m) The provisions of the Illinois Educational Labor | ||
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(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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(105 ILCS 5/13A-2)
Sec. 13A-2.
Definitions.
In this Article
words and phrases have the meanings set forth in the following Sections.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-2.5)
Sec. 13A-2.5.
Disruptive student.
"Disruptive student" includes
suspension or expulsion eligible students in any of grades 6 through 12.
Suspension or expulsion eligible
students are those students that have been found to be eligible for suspension
or expulsion through the discipline process established by a school district.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-2.10)
Sec. 13A-2.10.
Regional superintendent.
"Regional superintendent" has the
meaning ascribed to it in Section 3A-2 of this Code.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-2.15)
Sec. 13A-2.15.
(Repealed).
(Source: P.A. 89-383, eff. 8-18-95. Repealed by P.A. 89-629, eff. 8-9-96.)
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(105 ILCS 5/13A-2.20)
Sec. 13A-2.20.
Educational service region.
"Educational service region"
has the meaning ascribed to it in Article 3A of this Code.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-2.25)
Sec. 13A-2.25.
State board.
"State board" means the State Board of
Education, as defined in Section 1A-1 of this Code.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-2.30)
Sec. 13A-2.30.
District superintendent.
"District superintendent" has the
meaning ascribed to it in Section 10-21.4 of this Code.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-3)
Sec. 13A-3.
Alternative schools.
(a) Except with respect to the Chicago public school system as provided in
Section 13A-11, beginning with the 1996-97 school year, there is hereby created
in this
State a system of alternative school education programs. At least one
alternative
school program
may be located within each educational service region or established jointly
by more than one regional office of education to serve more than one
educational service region.
(b) Each regional superintendent shall hold a public hearing, by December
1 of the school year following the effective date of this amendatory Act of
1995, to determine the need for an alternative school. The hearing shall be
held before the regional board. The regional
superintendent, after consulting with the district
superintendent of each school district located within the regional
superintendent's educational service region and the regional board, shall
determine the location and the need of
the alternative school within that region. In making this determination, the
regional superintendent shall consider the following:
(1) the possible utilization of existing buildings, | ||
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(2) which available option would be least costly; and
(3) distances that administratively transferred | ||
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(c) Upon determination of the need for establishment of an alternative
school program, each school district located within the region shall
provide the
regional superintendent with a copy of the district's discipline policy and
procedure for effecting the suspension or expulsion of the students of that
district. Thereafter, the regional superintendent in cooperation with a
representative from each school district in the region shall establish and each
school district in the region shall adopt policies and procedures that shall
guide each district in the identification and placement of students in the
alternative school program.
(d) The regional superintendent shall locate the alternative school
program so that
it is as far away
from any other school buildings or school grounds in that educational service
region as circumstances
permit.
(e) With the approval of the State board, additional alternative school
programs may
be established in an educational service region. If the regional
superintendent determines that an additional alternative school is required in
the regional superintendent's educational service region, he or she may
petition the State board to
authorize one or more additional alternative school programs in
that region.
(f) In determining whether an additional alternative school program is
necessary and
appropriate for an educational service region requesting it, the State board
shall consider, among other factors, the following:
(1) the geographic size of the educational service | ||
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(2) the student population of schools comprising the | ||
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(3) any other logistical considerations; and
(4) the costs necessitated by establishing an | ||
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(g) In the event the State board grants a petition for an additional
alternative school program, then the State board, after consulting the
regional
superintendent, shall decide where the additional alternative school
program shall be
located within that region.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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(105 ILCS 5/13A-4)
Sec. 13A-4. Administrative transfers. (a) A student who is determined to be
subject to suspension or expulsion in the manner provided by Section 10-22.6
(or,
in the case of a student enrolled in the public schools of a school district
organized under Article 34, in accordance with the uniform system of discipline
established under Section 34-19) may be
immediately transferred to the alternative school program.
(b) Before the effective date of the transfer, the student's parents or guardians shall receive information about the alternative school program, including the specific nature of the curriculum, the number of students in the program, any available services, the program's disciplinary policies, a typical daily schedule, and any extracurricular activities that may be offered at the alternative school program. (c) At the earliest time following the effective date of the transfer, appropriate personnel from the sending school district and appropriate personnel of the alternative school program shall meet to develop an alternative educational plan for the student. The student and the student's parents or guardians shall be invited to this meeting. The alternative educational plan shall include, but not be limited to, all of the following: (1) The duration of the plan, including a date after | ||
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(2) The specific academic and behavioral components | ||
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(3) A method and time frame for reviewing the | ||
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If the student or the student's parents or guardians are unable to attend the meeting required under this subsection (c), the appropriate personnel from the alternative school program shall offer a meeting within 30 days after the effective date of the transfer to the student and the student's parents or guardians to discuss and provide input on the student's alternative educational plan and shall provide a copy of the alternative educational plan to the student and the student's parents or guardians prior to the meeting. (d) The date after which the student will return to the regular educational program in the public schools of the transferring district shall not be extended over the objection of the student's parent or guardian. (e) The date after which the student will return to the regular educational program in the public schools of the transferring district may be extended upon written agreement by the transferring school district, the alternative school program, and the student's parent or guardian. (f) Notwithstanding any other provision of this Article, if a student for whom an individualized education program has been developed under Article 14 is transferred to an alternative school program under this Article, that individualized education program shall continue to apply to that student following the transfer, unless modified in accordance with the provisions of Article 14. (Source: P.A. 103-473, eff. 1-1-24.)
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(105 ILCS 5/13A-5)
Sec. 13A-5.
Alternative school program curriculum.
(a) The regional superintendent
shall implement, or contract with one or more school districts to
implement, a
multi-disciplinary curriculum, which may include work-based learning and
community service
work approved by the regional
superintendent of schools in consultation with the State Board of Education
for which academic credit is earned, for the
alternative school program designed
to
address
the individualized needs of the students of that program, with
special
emphasis
toward making the educational experience of each student meaningful and
worthwhile. In the design and implementation of that curriculum, the
regional superintendent or school district
shall give due consideration to the rules and regulations adopted by the State
Board of Education for alternative schools and optional education programs.
The regional superintendent or school district (i) may contract with third
parties for any services otherwise performed by employees and (ii) may apply
for waivers or modifications of mandates of this Code or of administrative
rules as provided in Section 2-3.25g of this Code and as are necessary for the
alternative school program.
(b) An administratively transferred student who successfully completes the
requirements for his or her high school graduation shall receive a diploma
identifying the student as graduating from the transferring high school. In
the event the student is administratively transferred before enrolling in a
high school, then that student shall receive a diploma from the high school the
student would have attended if the student had not attended an alternative
school program.
(Source: P.A. 90-283, eff. 7-31-97; 91-318, eff. 7-29-99.)
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(105 ILCS 5/13A-6)
Sec. 13A-6.
Administration; contracts; waivers.
(a) The regional superintendent shall administer, or contract with one or
more school districts to administer, alternative
school programs located within the educational service region.
The regional superintendent or school district (i) may contract with third
parties for any services otherwise performed by employees and (ii) may apply
for waivers or modifications of mandates of this Code or of
administrative rules as provided in Section 2-3.25g of this Code and as are
necessary for the alternative school program.
(b) The regional superintendent is responsible for the administrative and
fiscal structure for the program.
(Source: P.A. 91-318, eff. 7-29-99.)
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(105 ILCS 5/13A-7)
Sec. 13A-7.
Employees.
In all school districts, including special charter
districts and districts located in cities having a population exceeding
500,000, the local school board shall grant, for a period of up to 5 years, a
leave of absence to those of its
employees who accept employment with an alternative school, provided that the
employee shall satisfy any leave of absence provisions that may exist under a
collective bargaining agreement or, if such an agreement does not exist, a
school board policy. At the end of the
authorized leave of absence, the employee must return to the school district in
a comparable position or resign. The contractual continued service status and
retirement benefits of an employee of the district who is granted a leave of
absence to accept employment with an alternative school shall not be affected
by that leave of absence.
(Source: P.A. 89-383, eff. 8-18-95.)
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(105 ILCS 5/13A-8)
Sec. 13A-8. Funding.
(a) The State of Illinois shall provide funding for
the
alternative school programs within each educational service region and within
the Chicago public school system by line item appropriation made to the State
Board of Education for that purpose. This money, when appropriated, shall be
provided to the regional superintendent and to the Chicago Board of Education,
who shall establish a budget, including salaries, for their
alternative school programs.
Each program shall receive funding in the amount of $30,000 plus an amount
based on the ratio of the region's or Chicago's best 3 months' average daily
attendance in grades pre-kindergarten through 12 to the statewide totals of
these amounts. For purposes of this calculation, the best 3 months' average
daily attendance for each region or Chicago shall be calculated by adding to
the best 3 months' average
daily
attendance the number of low-income students identified in the most
recently available federal census multiplied by one-half times the percentage
of the
region's or Chicago's low-income students
to the State's total low-income students.
The State Board of Education shall retain
up to 1.1% of the appropriation to be used to provide technical assistance,
professional development, and evaluations for the programs.
(a-5) Notwithstanding any other provisions of this Section, for the
1998-1999
fiscal year, the total amount distributed
under subsection (a) for an alternative school program shall be not less than
the total amount that was distributed under that subsection for that
alternative school program for the 1997-1998 fiscal year. If an alternative
school program is to receive a total distribution under subsection (a) for the
1998-1999 fiscal year that is less than the total
distribution that the program received under that subsection for the 1997-1998
fiscal year, that alternative school program shall also receive, from a
separate appropriation made for purposes of this subsection (a-5), a
supplementary
payment equal to the amount by which its total distribution under
subsection (a) for the 1997-1998 fiscal year exceeds the amount of the total
distribution that the alternative school program receives under that
subsection for the 1998-1999 fiscal year.
If the amount appropriated
for supplementary payments to alternative school programs under this subsection
(a-5)
is insufficient for that purpose, those supplementary payments shall be
prorated among the alternative school programs entitled to receive those
supplementary payments according to the aggregate amount of the appropriation
made for purposes of this subsection (a-5).
(b) An alternative school program shall be entitled to receive general
State aid as calculated in subsection (K) of
Section 18-8.05 or evidence-based funding as calculated in subsection (g) of Section 18-8.15 upon filing a claim as
provided therein. Any time that a student who is enrolled in an alternative
school program spends in work-based learning, community service, or a similar
alternative educational setting shall be included in determining the student's
minimum number of clock hours of daily school work that constitute a day of
attendance for purposes of calculating general State aid or evidence-based funding.
(c) An alternative school program may receive additional funding from its
school districts in such amount as may be agreed upon by the parties and
necessary
to support the program. In addition, an alternative school program is
authorized to accept and expend gifts, legacies, and grants, including but not
limited to federal grants, from any source for purposes directly related to the
conduct and operation of the program.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13A-9)
Sec. 13A-9.
Transportation.
Subject to the requirements of Article 29 and
except as otherwise agreed by the parents, school and regional superintendent,
the school from which a student is administratively transferred shall provide
for any transportation that the transfer necessitates, if transportation
is required pursuant to Section 29-3. The regional superintendent shall
coordinate all transportation arrangements with transferring school districts.
The regional superintendent may also arrange for cooperation between school
districts in the regional superintendent's educational service region regarding
the transportation needs of transferred students in order to reduce the costs
of that transportation and to provide greater convenience for the students
involved.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; 89-636, eff.
8-9-96; 90-14, eff. 7-1-97.)
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(105 ILCS 5/13A-10)
Sec. 13A-10.
Alternative School Programs in Class II Counties.
The
executive director of
educational service centers located in Class II counties outside a city of
500,000 or more inhabitants shall, for the educational service center
area, perform the duties assigned by this Article
to regional superintendents.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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(105 ILCS 5/13A-11)
(Text of Section before amendment by P.A. 102-466)
Sec. 13A-11. Chicago public schools.
(a) The Chicago Board of Education may
establish alternative schools within Chicago and may contract with third
parties for services otherwise performed by employees, including those in a
bargaining unit, in accordance with Sections 34-8.1, 34-18, and 34-49.
(b) Alternative schools operated by third parties within Chicago shall be
exempt from all provisions of this Code, except provisions concerning:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) the assessments required under Section 2-3.64a-5 | ||
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(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of this Code;
(8) the Inspector General; and
(9) Section 34-2.4b of this Code.
(Source: P.A. 98-972, eff. 8-15-14.)
(Text of Section after amendment by P.A. 102-466)
Sec. 13A-11. Chicago public schools.
(a) The Chicago Board of Education may
establish alternative schools within Chicago and may contract with third
parties for services otherwise performed by employees, including those in a
bargaining unit, in accordance with Sections 34-8.1, 34-18, and 34-49.
(b) Alternative schools operated by third parties within Chicago shall be
exempt from all provisions of this Code, except provisions concerning:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) the assessments required under Section 2-3.64a-5 | ||
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(6) Chicago learning outcomes;
(7) Sections 2-3.25a through 2-3.25j of this Code;
(8) the Inspector General;
(9) Section 34-2.4b of this Code; and (10) Article 26A and any other provision of this Code | ||
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(Source: P.A. 102-466, eff. 7-1-25.)
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(105 ILCS 5/Art. 13B heading) ARTICLE 13B.
ALTERNATIVE LEARNING OPPORTUNITIES
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(105 ILCS 5/13B-1)
Sec. 13B-1.
Short title.
This Article may be cited as the Alternative
Learning Opportunities
Law.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-5)
Sec. 13B-5.
Legislative findings and declarations.
The General Assembly
finds
and declares
the following:
(1) It is the responsibility of each school district | ||
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(2) School districts need flexibility and financial | ||
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(3) Alternative education in this State has | ||
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(4) Standards-based reform requires a comprehensive | ||
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(5) While school districts operating alternative | ||
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(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-10)
Sec. 13B-10.
Purpose.
The purpose of this Article is to specify the
requirements for the
operation of alternative learning opportunities programs, which are intended to
provide students at risk of academic failure
with the education and support services needed to meet Illinois
Learning Standards and to
complete their education in an orderly, safe, and secure learning environment.
Services provided
under this Article should be provided in a manner that addresses individual
learning styles, career
development, and social needs to enable students to successfully complete their
education.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-15)
Sec. 13B-15.
Definitions.
In this Article, words and phrases have the
meanings set forth in
the following Sections preceding Section 13B-20 of this Code.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-15.5)
Sec. 13B-15.5.
State Board.
"State Board" means the State Board of
Education.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-15.10)
Sec. 13B-15.10.
Student at risk of academic failure.
"Student at risk of
academic failure"
means a student
at risk of not meeting the Illinois Learning Standards or not graduating from
elementary or high school and who
demonstrates a need for educational support or social services beyond that
provided by the regular
school program. Such students are eligible for services up to the age of 21.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-15.15)
Sec. 13B-15.15.
Student Success Plan.
"Student Success Plan" means a plan
based on an
assessment of a student's educational and social functioning and skills and
that establishes goals
and objectives for satisfactory performance in an alternative learning
opportunities program. The
Plan must (i) specify the curriculum and instructional methods to be used
in improving the student's
educational performance, (ii) outline the support services needed to remove
barriers to learning, (iii)
specify, when appropriate, the career development experiences the student will
receive to enhance
his or her career awareness, (iv) set objectives to ensure a successful
transition back to the regular
school program or to post-secondary educational options, and (v) outline
the student's
responsibilities under the Plan.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-15.20)
Sec. 13B-15.20.
Support services.
"Support services"
include alcohol
and drug rehabilitation; individual, group, and family counseling; mentoring;
tutoring; school
physicals; health and nutrition education; classroom aides; career counseling;
child care; and any other
social, health, or supplemental service approved as part of the Student Success
Plan that is required
by students for their academic success.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-20)
Sec. 13B-20.
Alternative learning opportunities program.
An alternative
learning opportunities
program shall provide a flexible standards-based learning environment,
innovative and varied
instructional strategies, a student-centered curriculum, social programs, and
supplemental social,
health, and support services to improve the educational achievement of students
at risk of academic failure.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-20.5)
Sec. 13B-20.5. Eligible activities and services. Alternative learning
opportunities programs
may include, without limitation, evening high school, in-school tutoring and
mentoring programs,
in-school suspension
programs, high school completion programs to assist high school dropouts in
completing their education, high school completion programs to allow students eligible for remote learning under Section 34-18.81 to complete their education while incarcerated in an institution or facility of the Department of Corrections, support services, parental
involvement programs, and
programs to develop, enhance, or extend the transition for students
transferring back to the regular
school program, an adult education program, or a post-secondary education
program.
(Source: P.A. 102-966, eff. 5-27-22; 103-154, eff. 6-30-23.)
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(105 ILCS 5/13B-20.10)
Sec. 13B-20.10.
Who may establish and operate programs.
School districts
may establish
alternative learning opportunities programs or may contract with regional
offices of education,
intermediate service centers, public community colleges, non-profit or
for-profit education providers,
youth service agencies, community-based organizations, or other appropriate
entities to establish
alternative learning opportunities programs within the public school system and
provide a range of
alternative learning opportunities for those students in the State who do not
meet Illinois Learning
Standards. Districts may individually operate alternative learning
opportunities programs or may
collaborate with 2 or more districts or one or more regional offices of
education or both or with
intermediate service centers to create and operate alternative learning
opportunities programs.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-20.15)
Sec. 13B-20.15. Other eligible providers of alternative learning
opportunities. School districts
may contract with health, mental health, or human service organizations,
workforce development
boards or agencies, juvenile court services, juvenile justice agencies,
juvenile detention programs,
programs operated by the Department of Juvenile Justice, or other appropriate
agencies or organizations
to serve students whose needs are not being met in the regular school program
by providing
alternative learning opportunities.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13B-20.20)
Sec. 13B-20.20. Enrollment in other programs. High school equivalency testing
preparation programs are not eligible for funding under this Article. A
student
may enroll in a program approved under Section 18-8.05 or 18-8.15 of this Code, as
appropriate, or
attend both the alternative learning opportunities program and the regular
school program to enhance student performance and facilitate on-time
graduation.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-20.25)
Sec. 13B-20.25. Eligible students. Students in grades 4 through 12 who
meet enrollment criteria
established by the school district and who meet the definition of
"student at risk of
academic failure" are eligible to participate in an alternative learning
opportunities program funded
under this Article.
Notwithstanding any other provision of law to the contrary, enrollment in a charter alternative learning opportunities program shall be open to any pupil who has been expelled or suspended for more than 20 days under Section 10-22.6 or 34-19 of this Code. All rights granted under this Article to a student's parent or guardian
become exclusively those of the student upon the student's 18th
birthday.
(Source: P.A. 97-495, eff. 1-1-12.)
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(105 ILCS 5/13B-20.30)
Sec. 13B-20.30.
Location of program.
A school district must consider
offering an alternative learning opportunities program on-site in the regular
school. An alternative learning
opportunities program may be
provided at facilities separate from the regular school or in classrooms
elsewhere on school
premises.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-20.35)
Sec. 13B-20.35.
Transportation of students.
School districts that are
required to provide
transportation pursuant to Section 29-3 of this Code shall provide
transportation for students enrolled
in alternative learning opportunities programs. Other school districts shall
provide transportation to
the same extent that they provide transportation to other students. A school
district may collaborate
with the regional superintendent of schools to establish a cooperative
transportation agreement
among school districts in the region to reduce the costs of transportation and
to provide for greater
accessibility for students attending alternative learning opportunities
programs.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-25)
Sec. 13B-25.
Eligibility for funding.
The criteria set forth in the
following Sections preceding
Section 13B-30 of this Code shall determine the eligibility of an alternative
learning opportunities
program for funding.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-25.5)
Sec. 13B-25.5.
General standards for eligibility for funding.
To be
eligible for funding, an
alternative learning opportunities program must provide evidence of an
administrative structure,
program activities, program staff, a budget, and a specific curriculum that is
consistent with Illinois
Learning Standards but may be different from the regular school program in
terms of location, length
of school day, program sequence, pace, instructional activities, or any
combination of these.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-25.10)
Sec. 13B-25.10.
District policies, guidelines, and procedures;
notification. Before receiving
State funds for an alternative learning opportunities program, a school
district must adopt policies
and guidelines for the admission and transfer of students to the program and
for transitioning students as appropriate back to the regular school program in
a
manner consistent with
guidelines provided by the State Board. A school district must adopt policies
and procedures for the
establishment of a new alternative learning opportunities program or for
securing State approval for
an existing program. Any district that plans to establish an alternative
learning opportunities program
must notify the State Superintendent of Education before enrolling students in
the program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-25.15)
Sec. 13B-25.15.
Planning process and district plan.
To apply for funding
to establish or
maintain an alternative learning opportunities program, a school district must
initiate a planning
process to specify the type of program needed by the district. Before
submission of the district plan,
the school district or consortium may apply for a one-year planning grant. The
planning process may
involve key education and community stakeholders, such as teachers,
administrators, parents,
interested members of the community, and other agencies or organizations as
appropriate.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-25.20)
Sec. 13B-25.20. Requirements for the district plan. The district plan
must be consistent with
the school district's overall mission and goals and aligned with the local
school improvement plans of
each participating school. The district plan must include all of the
following:
(1) A description of the program, including the | ||
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(2) A staffing plan, including the experiences, | ||
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(3) A description and schedule of support services | ||
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(4) How the district will use grant funds to improve | ||
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(5) A detailed program budget that includes sources | ||
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(6) A plan that outlines how funding for alternative | ||
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(7) A description of other sources of revenue the | ||
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(8) An estimate of the total cost per student for the | ||
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(9) A description of how parents and community | ||
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(10) Policies and procedures used by the district to | ||
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(11) How the district will assess students enrolled | ||
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(12) How students will be admitted to the program and | ||
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(13) All cooperative and intergovernmental agreements | ||
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(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/13B-25.25)
Sec. 13B-25.25. Testing and assessment. A district plan for an
alternative learning
opportunities program operated through a cooperative or intergovernmental
agreement must provide
procedures for ensuring that students are included in the administration of
statewide testing
programs. Students enrolled in an alternative learning opportunities program
shall participate in
State assessments under Section 2-3.64a-5 of this Code.
(Source: P.A. 98-972, eff. 8-15-14.)
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(105 ILCS 5/13B-25.30)
Sec. 13B-25.30.
Annual update and submission of district plan.
A district
plan must be
updated annually and submitted to the State Board.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-25.35)
Sec. 13B-25.35.
Regional plan.
Based on district plans to provide
alternative learning
opportunities, the regional office of education must submit an annual plan
summarizing the number,
needs, and demographics of students at risk of academic failure expected to be
served in its
region. This plan must be
updated annually and submitted to the State Board.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30)
Sec. 13B-30.
Responsibilities of the State Board; rules.
The State Board
has the
responsibilities set
forth in the following Sections preceding Section 13B-35 of this Code.
The State Board may adopt rules as necessary to implement this
Article.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.5)
Sec. 13B-30.5.
Program assistance, evaluation, and monitoring.
Subject to
the availability of
State funds, the State Board is authorized to assist school districts in
developing and implementing
alternative learning opportunities programs to meet the educational needs of
students at risk of academic failure. The
State Board shall develop research-based guidelines for alternative learning
opportunities programs,
provide technical assistance to ensure the establishment of quality programs
aligned with Illinois
Learning Standards, and contract for services to conduct an annual statewide
evaluation. The State
Board shall conduct compliance visits of and monitor programs, as appropriate.
The State Board
may conduct other program-related research and planning projects, as
appropriate, to enhance
student outcomes.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.10)
Sec. 13B-30.10.
Compliance.
The State Board is responsible for ensuring
that all alternative
learning opportunities programs are in compliance with all applicable federal
and State
laws, unless otherwise
specified in this Article.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.15)
Sec. 13B-30.15. Statewide program evaluation of student outcomes. Alternative learning opportunities programs must be
evaluated annually on a statewide basis. Indicators used to measure student
outcomes for this
evaluation may include program completion, elementary school graduation, high
school graduation
or passage of high school equivalency testing, attendance, the number
of
students involved in
work-based learning activities, the number of students making an effective
transition to the regular school
program, further education or work, and improvement in the percentage of
students enrolled in the
sending school district or districts that meet State standards.
(Source: P.A. 98-718, eff. 1-1-15.)
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(105 ILCS 5/13B-30.20)
Sec. 13B-30.20.
Suspension or revocation of program approval.
The State
Board may
suspend or revoke approval of an alternative learning opportunities program
under any one of the
following conditions:
(1) A failure to meet educational outcomes as | ||
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(2) A failure to comply with all applicable laws as | ||
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(3) A failure to comply with the terms and conditions | ||
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(4) A failure to maintain financial records according | ||
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(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.25)
Sec. 13B-30.25.
Corrective action plan.
For school districts whose
alternative learning
opportunities programs are not making progress in specified program
outcomes, the State Board
may require a school district to submit a corrective action plan.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.30)
Sec. 13B-30.30.
Technical assistance before suspension or revocation of
funding. Funding of
an alternative learning opportunities program may not be suspended or revoked
unless the program
has been provided with technical assistance and has had an opportunity to
implement a corrective
action plan.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.35)
Sec. 13B-30.35.
Recovery of grant funds.
The State may recover grant
funds from school
districts that consistently fail to improve student performance or have failed
to implement corrective
actions to improve their alternative learning opportunities programs.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.40)
Sec. 13B-30.40.
Application for funding after suspension or revocation of
program approval.
Once approval to operate an alternative learning opportunities program is
suspended or revoked, the
school district or consortium must reapply for funding.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-30.45)
Sec. 13B-30.45.
Administrative support.
The State Board shall use 1.5% of
the State
appropriation for the purposes of this Article to conduct activities related to
the provision of technical
assistance, professional development, evaluations, and compliance monitoring.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-35)
Sec. 13B-35.
Application to cooperative agreements.
The provisions set
forth in the following
Sections preceding Section 13B-40 of this Code apply to cooperative agreements
among alternative
learning opportunities program providers.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-35.5)
Sec. 13B-35.5. Local governance; cooperative agreements. For an
alternative learning
opportunities program operated jointly or offered under contract, the local
governance of the program
shall be established by each local school board through a cooperative or
intergovernmental agreement with other school districts.
Cooperative agreements may be established among regional offices of education,
public community
colleges, community-based organizations, health and human service agencies,
youth service
agencies, juvenile court services, the Department of Juvenile Justice, and other
non-profit or for-profit
education or support service providers as appropriate. Nothing contained in
this Section shall prevent a
school district, regional office of education, or intermediate service center
from forming a cooperative
for the purpose of delivering an alternative learning opportunities program.
(Source: P.A. 94-696, eff. 6-1-06.)
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(105 ILCS 5/13B-35.10)
Sec. 13B-35.10. (Repealed).
(Source: P.A. 94-696, eff. 6-1-06. Repealed by P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/13B-35.15)
Sec. 13B-35.15. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/13B-35.20)
Sec. 13B-35.20. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/13B-40)
Sec. 13B-40.
Funding.
The provisions set forth in the following Sections
preceding Section
13B-45 of this Code apply to the funding of alternative learning opportunities
programs under this
Article.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.5)
Sec. 13B-40.5. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.10)
Sec. 13B-40.10. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.15)
Sec. 13B-40.15. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.20)
Sec. 13B-40.20. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.25)
Sec. 13B-40.25. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.30)
Sec. 13B-40.30. (Repealed).
(Source: P.A. 92-42, eff. 1-1-02. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-40.35)
Sec. 13B-40.35.
Supplanting prohibited.
Alternative learning
opportunities grants may not be
used to supplant existing funds that the student would otherwise generate if in
attendance in the
regular school program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.40)
Sec. 13B-40.40.
Cooperative and intergovernmental agreements funding.
Alternative
learning opportunities programs operating under a cooperative or
intergovernmental agreement shall
receive the total of funding that each individual program would be entitled to
receive separately.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.45)
Sec. 13B-40.45.
Deobligated funds.
Within any given grant year,
deobligated funds shall be
redistributed to existing alternative learning opportunities programs.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-40.50)
Sec. 13B-40.50.
Supplemental funding.
An alternative learning
opportunities program may
receive federal, State, and local grants, gifts, and foundation grants to
support the program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-45)
Sec. 13B-45. Days and hours of attendance. An alternative learning
opportunities program
shall provide students with at least the minimum number of days of pupil
attendance required under Section 10-19 of this Code and the minimum number of
daily hours of school work required under Section 10-19.05 of this Code,
provided that the State Board may approve exceptions to these
requirements if the program meets all of the following conditions:
(1) The district plan submitted under Section | ||
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(2) Each day of attendance shall provide no fewer | ||
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(3) Each day of attendance that provides fewer than 5 | ||
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(4) Each program shall provide no fewer than 174 days | ||
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(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19.)
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(105 ILCS 5/13B-50)
Sec. 13B-50. Eligibility to receive general State aid or evidence-based funding. In order to
receive general State aid or evidence-based funding,
alternative learning opportunities programs must meet the requirements for
claiming general State
aid as specified in Section 18-8.05 of this Code or evidence-based funding as specified in Section 18-8.15 of this Code, as applicable, with the exception of the
length of the instructional
day, which may be less than 5 hours of school work if the program meets the
criteria set forth under
Sections 13B-50.5 and 13B-50.10 of this Code and if the program is approved by
the State Board.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-50.5)
Sec. 13B-50.5. Conditions of funding. If an alternative learning
opportunities program
provides less than the daily 5 clock hours of school work required under Section 10-19.05, the program must meet
guidelines established
by the State Board and must provide supplementary services, including without
limitation work-based
learning, student assistance programs, counseling, case management, health and
fitness programs, life skills,
conflict resolution, or service learning, that are equal to the required
attendance.
(Source: P.A. 101-12, eff. 7-1-19.)
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(105 ILCS 5/13B-50.10)
Sec. 13B-50.10. Additional criteria for general State aid or evidence-based funding. In order to
claim general State aid or evidence-based funding,
an alternative learning opportunities program must meet the following
criteria:
(1) Teacher professional development plans should | ||
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(2) Facilities must meet the health, life, and safety | ||
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(3) The program must comply with all other State and | ||
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(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-50.15)
Sec. 13B-50.15. Level of funding. Approved alternative learning
opportunities programs are
entitled to claim general State aid or evidence-based funding, subject to Sections 13B-50, 13B-50.5, and
13B-50.10 of this
Code. Approved programs operated by regional offices of education are entitled
to receive general
State aid at the foundation level of support. A school district or consortium
must ensure that an
approved program receives supplemental general State aid, transportation
reimbursements, and
special education resources, if appropriate, for students enrolled in the
program.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/13B-55)
Sec. 13B-55.
Non-resident students.
If one school district can more
efficiently serve students
from multiple school districts, an approved alternative learning opportunities
program may admit
non-resident students pursuant to the terms of an intergovernmental agreement
negotiated among
participating districts. The tuition charge must not be less than 100% nor
greater than 110% of the
per capita tuition rate for the resident district.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60)
Sec. 13B-60.
Enrollment in program.
The provisions set forth in the
following Sections
preceding Section 13B-65 of this Code govern enrollment in an alternative
learning opportunities
program.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.5)
Sec. 13B-60.5.
Request for enrollment.
A school district that operates
an alternative learning opportunities program shall ensure that parents and
guardians are aware of the program and the services that the program offers. A
student may
be
enrolled in the program only upon the request of the student or the student's
parent or guardian and only after a conference under Section 13B-60.10 of this
Code has been held.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.10)
Sec. 13B-60.10. Parent conference. Before being enrolled in
an alternative learning opportunities program, the student and
each of his or her
parents or guardians, and, if the student is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall receive written notice to attend a conference to
determine if the student
would benefit from attending an alternative learning opportunities program.
The conference must
provide all of the information necessary for the student and parent or guardian
to make an informed
decision regarding enrollment in an alternative learning opportunities
program.
The conference shall include a discussion of the extent to which the
student, if enrolled in the program, may participate in school activities.
No student shall
be enrolled in an alternative learning opportunities program without the
consent of the student's parent or guardian.
(Source: P.A. 102-199, eff. 7-1-22.)
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(105 ILCS 5/13B-60.15)
Sec. 13B-60.15.
Review of student progress.
A school district must
regularly review the
progress of students enrolled in an alternative learning opportunities program
to ensure that students
may return to the regular school program as soon as appropriate.
Upon request of the student's parent or guardian, the school district
shall review the student's progress using procedures established by the
district.
A student shall remain in the program only with the consent of the
student's parent or guardian and shall be promptly returned to the regular
school
program upon the request of the student's parent or guardian.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.20)
Sec. 13B-60.20.
Enrollment of special education students.
Any
enrollment of a special education student in an alternative learning
opportunities program must be done only if included in the
student's individualized education plan. The student's individualized
education plan must be implemented in the program by appropriately
certified personnel.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-60.25)
Sec. 13B-60.25.
Student Success Plan.
A Student Success Plan must be
developed for each
student enrolled in an alternative learning opportunities program. The student
and his or her parent or guardian
must be afforded an opportunity to participate in the
development of this Plan.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-65)
Sec. 13B-65. Teacher licensure. Teachers with a valid and active
elementary, secondary,
or special PK-12 Illinois teaching license may teach in an alternative
learning opportunities
program.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/13B-65.5)
Sec. 13B-65.5. Alternative learning credentials for teachers. Licensed
teachers may
receive an endorsement or approval in the area of alternative learning. The
State Board shall
establish teaching standards in alternative learning that lead to such an
endorsement or approval.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/13B-65.10)
Sec. 13B-65.10. Continuing professional development for teachers. Teachers may receive
continuing professional development units,
subject to the provisions of Section 13B-65.5 of
this Code, for professional development related to alternative learning.
(Source: P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/13B-70)
Sec. 13B-70.
Truancy and attendance problems.
If
a student is a chronic or habitual truant
as defined in Section 26-2a of this Code or if a
child has been ordered to
attend school, the school district may consider the student for placement in an
alternative learning
opportunities program specifically designed to prevent truancy, supplement
instruction for students
with attendance problems, intervene to decrease chronic truancy, and provide
alternatives to high
school completion. A program operating pursuant to the truants' alternative
and optional education
program may contract with a school district or consortium to provide these
services.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-75)
Sec. 13B-75.
Subcontracting.
A school district, regional office of
education, or public
community college may contract with a non-profit or for-profit educational
entity for the delivery of
services under this Article. All educational entities providing instructional
services for eligible
students must be recognized by the State Board.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-80)
Sec. 13B-80.
Student credit.
A school district must grant academic credit
to a student in an
alternative learning opportunities program for work completed at an education
provider that is
accredited by a regional accrediting body or recognized by the State Board
if the student's
performance meets district standards.
(Source: P.A. 92-42, eff. 1-1-02.)
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(105 ILCS 5/13B-85)
Sec. 13B-85. High school equivalency testing. A student 16 years
of age or over
who satisfactorily completes an alternative learning opportunities program in
accordance with school
district guidelines and the Student Success Plan may take a high school equivalency test.
(Source: P.A. 98-718, eff. 1-1-15.)
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(105 ILCS 5/Art. 14 heading) ARTICLE 14.
CHILDREN WITH DISABILITIES
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(105 ILCS 5/14-1.01) (from Ch. 122, par. 14-1.01)
Sec. 14-1.01.
Meaning of terms.
Unless the context indicates otherwise, the terms used in this Article
have the meanings ascribed to them in Sections 14-1.02 to 14-1.10, each
inclusive.
(Source: Laws 1965, p. 1948.)
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(105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)
Sec. 14-1.02. Children with disabilities.
"Children with disabilities" means children
between the ages of 3 and 21 for whom it is determined, through definitions
and procedures
described in the Illinois Rules and Regulations to Govern the Organization
and Administration of Special Education, that special education services
are needed. An eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through age 21, inclusive, which, for purposes of this Article, means the day before the student's 22nd birthday, unless his or her 22nd birthday occurs during the school year, in which case he or she is eligible for such services through the end of the school year. An individualized education program must be written and agreed
upon by appropriate school personnel and parents or their representatives
for any child receiving special education.
(Source: P.A. 102-172, eff. 7-28-21.)
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(105 ILCS 5/14-1.03a) (from Ch. 122, par. 14-1.03a)
Sec. 14-1.03a. Children with Specific Learning Disabilities.
"Children with Specific Learning Disabilities" means children between
the ages of 3 and 21 years who have a disorder in one or more of the basic
psychological processes involved in understanding or in using language,
spoken or written, which disorder may manifest itself in imperfect ability
to listen, think, speak, read, write, spell or do mathematical
calculations. Such disorders include such conditions as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and
developmental aphasia. Such term does not include children who have
learning problems which are primarily the result of visual, hearing or
motor disabilities, of an intellectual disability, emotional
disturbance or
environmental disadvantage.
(Source: P.A. 97-227, eff. 1-1-12.)
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(105 ILCS 5/14-1.08) (from Ch. 122, par. 14-1.08)
Sec. 14-1.08.
Special educational facilities and services.
"Special
educational facilities and services" includes special schools, special
classes, special housing, including residential facilities, special
instruction, special reader service,
braillists and typists for children with visual
disabilities, sign language
interpreters, transportation, maintenance, instructional material,
therapy, professional consultant services, medical services only for
diagnostic and evaluation purposes provided by a physician licensed to
practice medicine in all its branches to determine a child's need for
special education and related services, psychological services, school
social worker services, special administrative services, salaries of all
required special personnel, and other special educational services,
including special equipment for use in the classroom, required by the
child because of his disability if such services or special equipment
are approved by the State Superintendent of Education
and the child is eligible
therefor under this Article and the regulations of the State Board of
Education.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)
Sec. 14-1.09. School psychologist. "School psychologist" means a
psychologist who meets the following qualifications: (1) The psychologist: (A) has graduated with a master's or higher | ||
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(B) holds a valid Nationally Certified School | ||
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(2) The psychologist holds a Professional Educator | ||
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School psychologists may make evaluations, recommendations or interventions
regarding the placement of children in educational programs or special
education classes. However, a school psychologist shall not provide such
services outside his or her employment to any student in the district or
districts which employ such school psychologist.
(Source: P.A. 100-750, eff. 8-10-18.)
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(105 ILCS 5/14-1.09a) (from Ch. 122, par. 14-1.09a)
Sec. 14-1.09a. School social worker. "School social worker" means a
social worker who has graduated with a master's or higher degree in social
work from an accredited graduate school of social work and has such
additional qualifications as may be required by the State Board of
Education and who holds a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons
so licensed and endorsed may use the title "school social worker". A social worker may
offer school social work services as provided in this Code and other applicable laws and as set
forth in 23 Ill. Adm. Code 226, Special Education, promulgated by the State Board of Education, governing the provision of special education and related services to children with disabilities and requirements for the treatment of children with disabilities between the ages of 3 and 21.
School social workers may make evaluations, recommendations or
interventions regarding the placement of children in educational programs
or special education classes. However, a school social worker shall not
provide such services outside his or her employment to any student in the
district or districts which employ such school social worker.
(Source: P.A. 100-356, eff. 8-25-17.)
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(105 ILCS 5/14-1.09b)
Sec. 14-1.09b. Speech-language pathologist.
(a) For purposes of supervision of a speech-language pathology assistant,
"speech-language pathologist" means a person who has received a license
pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act
to engage in the practice of speech-language pathology.
(b) A Professional Educator License with a school support personnel endorsement for speech-language pathologist
shall be issued under Section 21B-25 of this Code to a
speech-language pathologist who meets all of the following requirements:
(1) (A) Holds a regular license as a speech-language | ||
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(2) Holds a master's or doctoral degree with a major | ||
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(3) Either (i) has completed a program of study that | ||
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(4) Has successfully completed the required Illinois | ||
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(5) Has paid the application fee required for | ||
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The provisions of this subsection (b) do not preclude the issuance of an educator license to a speech-language pathologist who qualifies for such a license. (c) Notwithstanding subsection (b), a Professional Educator License with a school support personnel endorsement for non-teaching speech-language pathologist shall be issued under Section 21B-25 to a speech-language pathologist who (i) holds a regular license as a speech-language pathologist pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act and (ii) holds a current Certificate of Clinical Competence in
speech-language pathology from the American Speech-Language-Hearing Association.
(Source: P.A. 101-94, eff. 1-1-20; 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-1.09c)
Sec. 14-1.09c.
Speech-language pathology assistant.
"Speech-language
pathology assistant" means a person who has received a license to assist
a speech-language pathologist pursuant to the Illinois Speech-Language
Pathology and Audiology Practice Act.
(Source: P.A. 92-510, eff. 6-1-02.)
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(105 ILCS 5/14-1.09.1)
Sec. 14-1.09.1. School psychological services. In the public schools,
school psychological
services provided by qualified specialists who hold a Professional Educator License endorsed for school psychology issued by the
State Board of Education may
include, but are not limited to: (i) administration and interpretation of
psychological and
educational evaluations; (ii) developing school-based prevention programs,
including violence prevention programs; (iii) counseling
with students, parents, and teachers
on educational and mental health issues; (iv) acting as liaisons between public
schools and community agencies; (v) evaluating
program effectiveness; (vi) providing crisis intervention within the
school setting; (vii) helping teachers, parents, and others involved in the
educational process to provide optimum teaching and learning conditions for all
students; (viii) supervising school psychologist interns enrolled in school
psychology programs that meet the standards established by the State Board of
Education; and (ix) screening of school enrollments to identify children who
should be referred for individual study. Nothing in this Section prohibits
other qualified professionals from providing those services
listed for which
they are appropriately trained.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-1.09.2)
Sec. 14-1.09.2. School Social Work Services. In the
public schools, social work services may be provided by qualified specialists
who hold a Professional Educator License with a school support personnel endorsement in the area of school social worker under Section 21B-25 of this Code.
School social work services may include, but are not limited to:
(1) Identifying students in need of special education | ||
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(2) Developing and implementing comprehensive | ||
| ||
(3) Consulting and collaborating with teachers and | ||
| ||
(4) Counseling with students, parents, and teachers | ||
| ||
(5) Acting as a liaison between the public schools | ||
| ||
(6) Developing and implementing school-based | ||
| ||
(7) Providing crisis intervention within the school | ||
| ||
(8) Supervising school social work interns enrolled | ||
| ||
(9) Providing parent education and counseling as | ||
| ||
(10) Assisting in completing a functional behavioral | ||
| ||
(11) Evaluating program effectiveness. Nothing in this Section prohibits other licensed professionals from
providing any of the services listed in this Section for which
they are appropriately trained.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-1.09d)
Sec. 14-1.09d. Behavior analyst. "Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board.
(Source: P.A. 94-948, eff. 1-1-07.) |
(105 ILCS 5/14-1.10) (from Ch. 122, par. 14-1.10)
Sec. 14-1.10. Qualified worker. "Qualified worker" means a trained specialist and includes a behavior analyst, certificated school nurse, professional consultant, registered therapist, school nurse intern, school counselor, school counselor intern, school psychologist, school psychologist intern, school social worker, school social worker intern, special administrator or supervisor giving full time to special education, speech language pathologist, speech language pathologist intern, and teacher of students with IEPs who meets the requirements of this Article, who has the required special training in the understandings, techniques, and special instructional strategies for children with disabilities and who delivers services to students with IEPs, and any other trained specialist set forth by the State Board of Education in rules.
(Source: P.A. 95-363, eff. 8-23-07; 96-257, eff. 8-11-09.)
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(105 ILCS 5/14-1.11) (from Ch. 122, par. 14-1.11)
Sec. 14-1.11. Resident district; parent; legal guardian. The resident
district is the school district in which the parent or guardian, or both
parent and guardian, of the
student reside when:
(1) the parent has legal guardianship of the student | ||
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(2) an individual guardian has been appointed by the | ||
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(3) an Illinois public agency has legal guardianship | ||
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(4) an Illinois court orders a residential placement | ||
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In cases of divorced or separated parents, when only one parent has legal
guardianship or custody, the district in which the parent having legal
guardianship or custody resides
is the resident district. When both parents retain legal guardianship or
custody, the resident district is the district in which either parent who
provides the student's primary regular fixed night-time abode resides;
provided, that the election of resident district may be made only one time per
school year.
When the parent has legal guardianship and lives outside of the State of
Illinois, or when the individual legal guardian other than the natural
parent lives outside the State of Illinois, the parent, legal guardian, or
other placing agent is responsible for making arrangements to pay the
Illinois school district serving the child for the educational services
provided. Those service costs shall be determined in accordance with Section
14-7.01.
(Source: P.A. 95-844, eff. 8-15-08.)
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(105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)
Sec. 14-1.11a. Resident district; student. The resident district is the school district in which the student resides when:
(1) the parent has legal guardianship but the | ||
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(2) an individual guardian has been appointed but the | ||
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(3) the student is 18 years of age or older and no | ||
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(4) the student is legally an emancipated minor; or
(5) an Illinois public agency has legal guardianship | ||
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In cases where an Illinois public agency has legal guardianship and has
placed the student residentially outside of Illinois, the last school
district that provided at least 45 days of educational service to the
student shall continue to be the district of
residence until the student is no longer under guardianship of an Illinois
public agency or until the student is returned to Illinois.
The resident district of a homeless student is the Illinois district in
which the student enrolls for educational services. Homeless students
include individuals as defined in the Stewart B. McKinney Homeless Assistance
Act. The State Superintendent of Education may determine that the location of the parent or guardian of a student is unknown after considering information submitted from the school district that last enrolled the student or from the school or special education facility providing special education and related services to meet the needs of the student. The information submitted to the State Superintendent of Education must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and 4 items of documentary evidence that a minimum of 4 separate attempts were made to locate the parent or guardian. Any determination by the State Superintendent of Education that the location of a parent or guardian is unknown is final. However, any determination made by the State Superintendent of Education is subject to review and reconsideration any time a parent's or guardian's location becomes known.
(Source: P.A. 102-514, eff. 8-20-21.)
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(105 ILCS 5/14-1.11b) (from Ch. 122, par. 14-1.11b)
Sec. 14-1.11b.
Resident district; applicability.
The provisions of
Sections 14-1.11 and 14-1.11a shall be used to determine the resident
district in all cases where special education services and facilities are
provided pursuant to Article 14.
(Source: P.A. 87-1117.)
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(105 ILCS 5/14-2) Sec. 14-2. Definition of general education classroom for special education students receiving services in the general education classroom. (a) With respect to any State statute or administrative rule that defines a general education classroom to be composed of a certain percentage of students with individualized education programs (IEPs), students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification. (b) In every instance, a school district must ensure that composition of the general education classroom does not interfere with the provision of a free and appropriate public education to any student.
(Source: P.A. 97-284, eff. 8-9-11.) |
(105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
Sec. 14-3.01.
Advisory Council.
This amendatory Act of 1998, in compliance with the reauthorization of IDEA
in 1997, makes changes in the membership and responsibilities of the Advisory
Council on the Education of Children with
Disabilities. The Council shall provide advice and policy guidance to the
Governor, General Assembly, and the State Board of Education with respect to
special education and related services for children with disabilities. The
State Board of Education shall seek the advice of the Advisory Council
regarding all rules and regulations related to the education of children with
disabilities that are to be promulgated by the State Board of Education. The
State Board of Education shall seek the advice of the Advisory Council on
modifications or additions to comprehensive plans submitted under Section
14-4.01. The Council shall consider any rule or regulation or plan submitted
to it by the State Board of Education within 60 days after its receipt by the
chairperson of the Council.
Additionally, the Advisory Council shall: (1) advise the General Assembly,
the Governor, and the State Board of Education on unmet needs in the education
of children with disabilities; (2) assist the State Board of Education in
developing evaluations and reporting on data to the United States Secretary of
Education; (3) advise the State Board of Education relative to qualifications
for hearing officers and the rules and procedures for hearings conducted under
Section 14-8.02 or 14-8.02a; (4) comment publicly on any rules or regulations
proposed by
the State regarding the education of children with disabilities and the
procedures for distribution of funds under this Act; (5) advise the State Board
of Education in developing corrective action plans to address findings
identified in federal monitoring reports pursuant to the Individuals with
Disabilities Education Act; (6) advise State and local education agencies
regarding educational programs and materials that may be provided to children
with disabilities to enable them to fully exercise their constitutional and
legal rights and entitlements as citizens, including those afforded under the
Federal Rehabilitation Act of 1973, as amended, and the Illinois Human Rights
Act; and (7)
advise the State Board of Education in developing and implementing policies
relating to the coordination of services for children with disabilities.
The Council shall be composed of 27 members, including 23 voting members
appointed by the Governor and 4 ex-officio voting members. Members shall be
broadly representative of the State's population in regard to developmental,
physical, and mental disabilities, race, ethnic background, gender, and
geographic location. Nine members shall be parents of children with
disabilities between the ages of 3 and 21 years currently receiving special
education services at public expense. Five members shall be individuals with
disabilities, including one student or former student who is at least 18 years
of age and no older than 21 years of age at the time of
his or her appointment to the Council and who is receiving special education
services at public expense or received those services at the time his or her
high school program terminated. Within 30 days after
the
effective date of this amendatory Act of 1998, the Governor or his designee
shall invite statewide organizations, being as inclusive as possible and based
upon a reasonable inquiry, and Parent Training and Information Centers
representing parents of children with disabilities, individuals with
disabilities or both, to convene for the purpose of recommending
to the Governor twice the number of individuals required to be appointed as
members from each of the
categories described in this paragraph, from which the Governor may appoint the
14 members of the Council who are
parents of children with disabilities and individuals with disabilities. The
9
members who are parents of children with disabilities between the ages of 3 and
21 years receiving special education services at public expense and the 5
members who are individuals with disabilities shall not be current full or
part-time employees of school districts, special education cooperatives,
regional service areas or centers, or any agency under the jurisdiction of any
elected State official.
In addition, the Governor shall appoint one regional superintendent of
schools, one representative of an institution of higher education that prepares
special education and related services personnel, one teacher of students with
disabilities, one superintendent of a public school district, one director of a
special education cooperative or special education administrator from a school
district of less than 500,000 population, one representative of a public
charter school, one representative of a private school serving children with
disabilities, one representative of a vocational, community, or business
organization that provides transition services to children with disabilities,
and one at-large member from the general public. In addition, the Secretary of
Human Services or his or her designee, the Director of Children and Family
Services or his or her designee, the Director of Corrections or his or her
designee, and the Director of Special Education for the City of Chicago School
District #299 or his or her designee shall serve as ex-officio voting members
of the Council.
All Council members shall be legal residents of
the State of Illinois and shall be selected, as far as practicable, on the
basis of their knowledge of, or experience in, the education of children with
disabilities.
The initial members to be appointed to the Council by the Governor under the
provisions of this amendatory Act of 1998 shall be appointed within 60 days
after the effective date of that amendatory Act; provided that those persons
who are serving as Council members on that effective date and who, as
determined by the Governor after consultation with the State Board of
Education, meet the requirements established by this amendatory Act for
appointment to membership on the Council shall continue to serve as
Council members until the completion of the remainder of their current terms.
The initial members of the Council who are not Council members on the effective
date of this amendatory Act of 1998 and who are appointed by the Governor under
this amendatory Act of 1998 shall by lot determine one-third of their number to
serve for a term of 2 years (provided that person appointed as the student or
former student member shall be included among those members who are to serve a
term of 2 years), one-third of their number to serve for a term of 3
years, and one-third of their number to serve for a term of 4 years; provided,
that if the total number of initial members so appointed by the Governor is not
divisible into 3 whole numbers, all of the initial members so appointed shall
by lot be assigned to 3 groups as follows: (i) the members assigned to the
first group, who shall include the student or former student member and who
shall be equal in number
to the number of members who are assigned to the second group, shall serve for
a
term of
2 years; (ii) the members assigned to the second group, who shall be equal in
number to the number of members who are assigned to the first group, shall
serve for a
term of 3 years; and (iii) the members assigned to the third group, who shall
comprise the remainder of the initial members so appointed by the Governor and
whose number shall be either one more or one less than the number of members
assigned to either the first group or second group, shall serve for a term of 4
years. Upon expiration of
the term of office of a member of the Council who is
not an ex-officio member, his or her successor shall be appointed by the
Governor to serve for a term of 4 years, except that a successor appointed as
the student or former student
member shall be appointed to serve for a term of 2 years. Each member of the
Council who is not
an ex-officio member and whose term of office expires shall nevertheless
continue to serve as a Council member until his or her successor is appointed.
Each of the 4 ex-officio members of the Council shall continue to serve as a
Council member during the period in which he or she continues to hold the
office by reason of which he or she became an ex-officio member of the Council.
The initial members of the Council who are not ex-officio members shall not,
upon completion of their respective
initial terms, be appointed to serve more than one additional consecutive term
of 4 years, nor shall any successor member of the Council be appointed to serve
more than 2 full consecutive 4-year terms; provided, that a person appointed as
the student or former student member shall serve only one two-year term and
shall not be reappointed to serve for an additional term. Vacancies in Council
memberships
held by parents of children with
disabilities or individuals with disabilities may be filled from the original
list of such parents and individuals recommended to the Governor. The Governor
shall reconvene the group of organizations that provided the original list of
parents of children with disabilities and individuals with disabilities when
additional recommendations for those Council memberships are needed, but at a
minimum the group shall be convened every 2 years for the purpose of updating
the list of recommended parents or individuals. A vacancy in an appointed
membership on the Council shall be filled for the unexpired balance of the term
of that membership in the same manner that the original appointment for that
membership was made.
The terms of all persons serving as Advisory Council members on the effective
date of this amendatory Act of 1998 who are not determined by the Governor,
after
consultation with the State Board of Education, to meet the requirements
established by this amendatory Act for appointment to initial membership on the
Council shall terminate on the date that the Governor completes his
appointments of
the initial members of the Council under this amendatory Act, and the
members of the Council as constituted under this amendatory Act shall take
office and assume their powers and duties on that date.
The Council as constituted under this amendatory Act of 1998 shall organize
with a chairperson selected by the Council members and shall meet at the call
of the chairperson upon 10 days written notice but not less than 4 times a
year. The Council shall establish such committees and procedures as it deems
appropriate to carry out its responsibilities under this Act and the federal
Individuals with Disabilities Education Act.
The State Board of Education shall designate an employee to act as executive
secretary of the Council and shall furnish all professional and clerical
assistance necessary for the performance of its duties.
Members of the Council
shall serve without compensation but shall be reimbursed for the necessary
expenses incurred in the performance of their duties in accordance with the
State Board of Education's Travel Control Policy.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97; 90-644, eff. 7-24-98.)
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(105 ILCS 5/14-3.02)
Sec. 14-3.02. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/14-3.03)
Sec. 14-3.03. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/14-4.01) (from Ch. 122, par. 14-4.01)
Sec. 14-4.01. Special educational facilities for
children with disabilities. (a) School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14-1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14-1.02 through 14-1.07
of this Act.
(b) All school districts, administrative districts or governing boards
responsible
for providing special education services shall
submit to the appropriate regional superintendent comprehensive plans or
modifications
thereto for the provision of special education services in accordance with
rules promulgated by the State Board of Education. Copies of comprehensive
plans or modifications thereto shall be forwarded by the regional
superintendent
to the State Board of Education. Regional superintendents who provide special
education services shall submit comprehensive plans or modifications thereto
directly to the State Board of Education. Comprehensive plans or modifications
thereto shall be made available by regional superintendents for public inspection
during regular business hours.
The State Board of Education shall provide for the submission of comprehensive
plans not more frequently than once every 3 years but may require the submission
of such modifications as it deems necessary to achieve the purposes of this
Act and applicable federal law.
(c) Special education cooperatives established by school districts are eligible for school maintenance project grants under Section 5-100 of the School Construction Law. (Source: P.A. 98-710, eff. 7-16-14.)
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(105 ILCS 5/14-5.01) (from Ch. 122, par. 14-5.01)
Sec. 14-5.01.
Application of Article.
This Article applies to school boards of all types and sizes of school
districts, including but not limited to special charter districts,
community consolidated school districts, community unit school districts,
consolidated school districts, high school districts, non-high school
districts, community high school districts, and districts exceeding 500,000
inhabitants.
(Source: Laws 1965, p. 1948.)
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(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
Sec. 14-6.01. Powers and duties of school boards. School boards of
one or more school districts establishing and maintaining any of the
educational facilities described in this Article shall, in connection
therewith, exercise similar powers and duties as are prescribed by law
for the establishment, maintenance, and management of other recognized
educational facilities. Such school boards shall include only eligible
children in the program and shall comply with all the requirements of
this Article and all rules and regulations established by the State
Board of Education. Such school boards shall accept in part-time
attendance children with disabilities of the types
described in Sections
14-1.02 through 14-1.07 who are enrolled in nonpublic schools. A
request for part-time attendance must be submitted by a parent or
guardian of the child with a disability and may be made
only to those public
schools located in the district where the child attending the nonpublic
school resides; however, nothing in this Section shall be construed as
prohibiting an agreement between the district where the child resides
and another public school district to provide special educational
services if such an arrangement is deemed more convenient and
economical. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. Transportation for students in part time attendance shall be
provided only if required in the child's individualized educational program
on the basis of the child's disabling condition or as the
special education
program location may require.
Beginning with the 2019-2020 school year, a school board shall post on its Internet website, if any, and incorporate into its student handbook or newsletter notice that students with disabilities who do not qualify for an individualized education program, as required by the federal Individuals with Disabilities Education Act and implementing provisions of this Code, may qualify for services under Section 504 of the federal Rehabilitation Act of 1973 if the child (i) has a physical or mental impairment that substantially limits one or more major life activities, (ii) has a record of a physical or mental impairment, or (iii) is regarded as having a physical or mental impairment. Such notice shall identify the location and
phone number of the office or agent of the school district to whom
inquiries should be directed regarding the identification, assessment, and
placement of such children. The notice shall also state that any parent who is deaf or does not typically communicate using spoken English and who participates in a Section 504 meeting with a representative of a local educational agency shall be entitled to the services of an interpreter.
For a school district organized under Article 34 only, beginning with the 2019-2020 school year, the school district shall, in collaboration with its primary office overseeing special education, publish on the school district's publicly available website any proposed changes to its special education policies, directives, guidelines, or procedures that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians made by the school district or school board. Any policy, directive, guideline, or procedural change that impacts those provisions or safeguards that is authorized by the school district's primary office overseeing special education or any other administrative office of the school district must be published on the school district's publicly available website no later than 45 days before the adoption of that change. Any policy directive, guideline, or procedural change that impacts those provisions or safeguards that is authorized by the school board must be published on the school district's publicly available website no later than 30 days before the date of presentation to the school board for adoption. The school district's website must allow for virtual public comments on proposed special education policy, directive, guideline, or procedural changes that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians from the date of the notification of the proposed change on the website until the date the change is adopted by the school district or until the date the change is presented to the school board for adoption. After the period for public comment is closed, the school district must maintain all public comments for a period of not less than 2 years from the date the special education change is adopted. The public comments are subject to the Freedom of Information Act. The school board shall, at a minimum, advertise the notice of the change and availability for public comment on its website. The State Board of Education may add additional reporting requirements for the district beyond policy, directive, guideline, or procedural changes that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians if the State Board determines it is in the best interest of the students enrolled in the district receiving special education services. School boards shall immediately provide upon request by any person
written materials and other information that indicates the specific
policies, procedures, rules and regulations regarding the identification,
evaluation or educational placement of children with
disabilities under Section
14-8.02 of the School Code. Such information shall include information
regarding all rights and entitlements of such children under this Code, and
of the opportunity to present complaints with respect to any matter
relating to educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due process
hearing on the complaint. The notice shall inform the parents or guardian
in the parents' or guardian's native language, unless it is clearly not
feasible to do so, of their rights and all procedures available pursuant to
this Act and federal Public Law 94-142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law 94-142, as
amended, to be used by all school boards. The notice shall also inform the
parents or guardian of the availability upon request of a list of free or
low-cost legal and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements under this Code. For a school district organized under Article 34 only, the school district must make the entirety of its special education Procedural Manual and any other guidance documents pertaining to special education publicly available, in print and on the school district's website, in both English and Spanish. Upon request, the school district must make the Procedural Manual and other guidance documents available in print in any other language and accessible for individuals with disabilities.
Any parent or guardian who is deaf, or does not normally communicate
using spoken English, who participates in a meeting with a representative
of a local educational agency for the purposes of developing an
individualized educational program shall be entitled to the services of
an interpreter.
No student with a disability or, in a school district organized under Article 34 of this Code, child with a learning disability may be denied promotion,
graduation or a general
diploma on the basis of failing a minimal competency test when such failure
can be directly related to the disabling
condition of the student. For the
purpose of this Act, "minimal competency testing" is defined as tests which
are constructed to measure the acquisition of skills to or beyond a certain
defined standard.
Effective July 1, 1966, high school districts are financially
responsible for the education of pupils with disabilities who
are residents in their
districts when such pupils have reached age 15 but may admit
children with disabilities into special educational facilities without
regard to graduation
from the eighth grade after such pupils have reached the age of 14 1/2 years.
Upon a pupil with a disability attaining the age of 14 1/2 years,
it shall be
the duty of the elementary school district in which the pupil resides to
notify the high school district in which the pupil resides of the pupil's
current eligibility for special education services, of the pupil's current
program, and of all evaluation data upon which the current program is
based. After an examination of that information the high school district
may accept the current placement and all subsequent timelines shall be
governed by the current individualized educational program; or the high
school district may elect to conduct its own evaluation and
multidisciplinary staff conference and formulate its own individualized
educational program, in which case the procedures and timelines contained
in Section 14-8.02 shall apply.
(Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)
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(105 ILCS 5/14-6.02) (from Ch. 122, par. 14-6.02)
Sec. 14-6.02. Service animals. Service animals such as guide dogs,
signal dogs or any other animal individually trained to perform tasks for
the benefit of a student with a disability shall be permitted to accompany
that student at all school functions, whether in or outside the classroom. For the purposes of this Section, "service animal" has the same meaning as in Section 48-8 of the Criminal Code of 2012.
(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)
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(105 ILCS 5/14-6.03)
Sec. 14-6.03.
Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on or after January 1,
2002, no person shall perform the duties of a speech-language
pathology assistant without first applying for and receiving a license for that
purpose from the Department of Professional Regulation.
A person employed as a speech-language pathology
assistant in any class, service, or program authorized by this Article may
perform only those duties authorized by this Section under the supervision of a
speech-language pathologist as provided in this Section.
This Section does not apply to speech-language pathology paraprofessionals
approved by the State Board of Education.
(b) A speech-language pathology assistant may not be assigned his or her own
student caseload. The student caseload limit of a speech-language
pathologist who supervises any speech-language pathology assistants shall be
determined by the severity of the needs of the students served by the
speech-language pathologist. A full-time speech-language pathologist's
caseload limit may not exceed 80 students (60 students on or after September
1, 2003)
at any time. The caseload limit of a part-time speech-language pathologist
shall be determined by multiplying the caseload limit of a full-time
speech-language pathologist by a percentage that equals the number of hours
worked by the part-time speech-language pathologist divided by the number of
hours worked by a full-time speech-language pathologist in that school
district. Employment of a speech-language pathology assistant may not increase
or
decrease the caseload of the supervising speech-language pathologist.
(c) A school district that intends to utilize the services of a
speech-language pathology assistant must provide written notification to the
parent or
guardian of each student who will be served by a speech-language pathology
assistant.
(d) The scope of responsibility of a speech-language pathology assistant
shall be limited to supplementing the role of the speech-language
pathologist in implementing the treatment program established by a
speech-language pathologist. The functions and duties of a speech-language
pathology
assistant shall be limited to the following:
(1) Conducting speech-language screening, without | ||
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(2) Providing direct treatment assistance to students | ||
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(3) Following and implementing documented treatment | ||
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(4) Documenting student progress toward meeting | ||
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(5) Assisting a speech-language pathologist during | ||
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(6) Acting as an interpreter for non-English speaking | ||
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(7) Scheduling activities and preparing charts, | ||
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(8) Performing checks and maintenance of equipment, | ||
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(9) Assisting with speech-language pathology research | ||
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(e) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized | ||
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(2) screen or diagnose students for feeding or | ||
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(3) participate in parent conferences, case | ||
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(4) provide student or family counseling;
(5) write, develop, or modify a student's | ||
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(6) assist with students without following the | ||
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(7) sign any formal documents, such as treatment | ||
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(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information, | ||
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(11) make referrals for additional services;
(12) counsel or consult with the student, family, or | ||
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(13) represent himself or herself to be a | ||
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(14) use a checklist or tabulate results of feeding | ||
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(15) demonstrate swallowing strategies or precautions | ||
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(f) A speech-language pathology assistant shall practice only under the
supervision of a speech-language pathologist who has at least 2 years
experience in addition to the supervised professional experience required under
subsection (f) of Section 8 of the Illinois Speech-Language Pathology and
Audiology Practice Act. A speech-language pathologist who supervises a
speech-language pathology assistant must have completed at least 10 clock
hours of training in the supervision of speech-language pathology assistants.
The State Board of Education shall promulgate rules describing the
supervision training requirements. The rules may allow a speech-language
pathologist to apply to the State Board of Education for an exemption from this
training requirement based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under the direct
supervision
of a speech-language pathologist at least 30% of the
speech-language pathology assistant's actual student contact time per student
for the first 90 days of initial employment as a speech-language pathology
assistant. Thereafter, the speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at least 20% of the
speech-language pathology assistant's actual student contact time per student.
Supervision of a speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the discretion of the
supervising speech-language pathologist. A supervising speech-language
pathologist must be available to communicate with a speech-language pathology
assistant whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a speech-language
pathology assistant must document direct supervision activities. At a
minimum, supervision documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's performance of
assigned duties and (ii) verification that clinical activity is limited to
duties specified in this Section.
(i) A full-time speech-language pathologist may supervise no more than 2
speech-language pathology assistants. A speech-language pathologist
that does not work full-time may supervise no more than one speech-language
pathology assistant.
(Source: P.A. 92-510, eff. 6-1-02.)
|
(105 ILCS 5/14-6.04)
Sec. 14-6.04. Contracting for speech-language pathology services.
(a) For purposes of this Section:
"Reasonable efforts" means performing all of the following:
(1) placing at least 3 employment advertisements for | ||
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(2) placing one employment listing in the placement | ||
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(3) posting the position for speech-language | ||
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"Speech-language pathologist" means a person who:
(1) holds a master's or doctoral degree with a major | ||
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(2) either (i) has completed a program of study that | ||
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"Speech-language pathology services" means the application of methods and
procedures for identifying, measuring, testing, appraising, predicting, and
modifying communication development and disorders or disabilities of speech,
language, voice, swallowing, and other speech, language, and voice-related
disorders for the purpose of counseling, consulting, and rendering services or
participating in the planning, directing, or conducting of programs that are
designed to modify communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice, and swallowing
functions.
(b) A school district or a cooperative must make reasonable efforts to
employ a speech-language pathologist. While making those reasonable efforts or
after unsuccessful reasonable efforts have been made, or both, a school
district or cooperative may contract for speech-language pathology
services with a speech-language pathologist or an entity that employs
speech-language pathologists. A speech-language pathologist who provides
speech-language pathology services pursuant to a contract must:
(1) hold a speech-language pathology license under | ||
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(2) hold a Professional Educator License with a | ||
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(Source: P.A. 102-894, eff. 5-20-22.)
|
(105 ILCS 5/14-6.10)
Sec. 14-6.10. Transfer of parental rights at the age of majority. (a) When a student who is eligible for special education under this Article reaches the majority age of 18 years, all rights accorded to the student's parents under this Article transfer to the student, except as provided in this Section. This transfer of rights also applies to students who are incarcerated in an adult or juvenile State or local correctional institution. Nothing in this Section shall be construed to deny a student with a disability who has reached majority age the right to have an adult of his or her choice, including, but not limited to, the student's parent, assist the student in making decisions regarding the student's individualized education program. (b) The school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. At that time, the school district must provide the student with a copy of the Delegation of Rights form described in this Section. The school district must mail the notice and a copy of the Delegation of Rights form to the student and to the student's parents, addressed to their last known address, if they do not attend the meeting.
(c) Rights shall not transfer from the parents to the student under this Section if either of the following apply: (1) The student with a disability who has reached | ||
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(2) The student has not been adjudged incompetent | ||
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A student may terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. The Delegation of Rights shall meet all of the following requirements: (A) It shall remain in effect for one year after the | ||
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(B) It shall be signed by the student or verified by | ||
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(C) It shall be signed or otherwise manifest | ||
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(D) It shall include declarations that the student | ||
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(E) It shall be identical or substantially the same | ||
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DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
I, (insert name), am 18 years of age or older and a student who has the right to make educational decisions for myself under State and federal law. I have not been adjudged incompetent and, as of the date of the execution of this document, I hereby delegate my right to give consent and make decisions concerning my education to (insert name), who will be considered my "parent" for purposes of the Individuals with Disabilities Education Improvement Act of 2004 and Article 14 of the School Code and will exercise all of the rights and responsibilities concerning my education that are conferred on a parent under those laws. I understand and give my consent for (insert name) to make all decisions relating to my education on my behalf. I understand that I have the right to be present at meetings held to develop my individualized education program and that I have the right to raise any issues or concerns I may have and that the school district must consider them. This delegation will be in effect for one year from the date of execution below and may be renewed by my written or other formal authorization. I also understand that I have the right to terminate this Delegation of Rights at any time and assume the right to make my own decisions regarding my education. I understand that I must notify the school district immediately if I revoke this Delegation of Rights prior to its expiration.(insert name)
Student
DATE: (insert date)
Accepted by: (insert name)
Designated Representative
(Source: P.A. 95-372, eff. 8-23-07.) |
(105 ILCS 5/14-7.01) (from Ch. 122, par. 14-7.01)
Sec. 14-7.01.
Children attending classes in another district.) If a
child, resident of one school district, because of his disability, attends
a class or school for any of such types of children in another school
district, the school district in which he resides shall grant the proper
permit, provide any necessary transportation, and pay to the school
district maintaining the special educational facilities the per capita
cost of educating such children.
Such per capita cost shall be computed in the following manner. The
cost of conducting and maintaining any special educational facility
shall be first determined and shall include the following expenses
applicable only to such educational facility under rules and regulations
established by the State Board of Education as follows:
(a) Salaries of teachers, professional workers, necessary
non-certified workers, clerks, librarians, custodial employees, readers,
and any district taxes specifically for their pension and retirement
benefits.
(b) Educational supplies and equipment including textbooks.
(c) Administrative costs and communication.
(d) Operation of physical plant including heat, light, water,
repairs, and maintenance.
(e) Auxiliary service, including up to 20% of transportation cost.
(f) Depreciation of physical facilities at a rate of $200 per pupil, or
the actual rental paid for the physical facilities calculated on a per
pupil basis. From such total cost thus determined there shall be deducted
the State reimbursement due on account of such educational program for the
same year, not including any State reimbursement for special education
transportation and offsetting federal revenue for the program, except
federally funded health care reimbursement need not be deducted. Such net
cost shall be divided by the average number of pupils in average daily
enrollment in such special education facility for the school year in order
to arrive at the net per capita tuition cost.
If the child, resident of any school district, because of his
disability, attends a class or school for any of such types of
children
maintained in a teacher training center supported by public funds or
State institution of higher learning, the resident district shall
provide any necessary transportation and shall be eligible to the
transportation reimbursement provided in Section 14-13.01.
A resident district may, upon request, provide transportation for
residents of the district who meet the requirements, other than the
specified age, of children with disabilities as defined in
Section
14-1.02, who attend classes in another district, and
shall make a charge for any such transportation in an amount equal to
the cost thereof, including a reasonable allowance for depreciation of
the vehicles used.
(Source: P.A. 89-397, eff. 8-20-95.)
|
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
(Text of Section from P.A. 103-175)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities. (a) The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
(b) If a student's individualized education program (IEP) team determines that because of his or her disability the special education
program of a district is unable to meet the needs of the child and the
child attends a non-public school or special education facility, a
public out-of-state school or a special education facility owned and
operated by a county government unit that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility. Resident district financial responsibility and reimbursement applies for both nonpublic special education facilities that are approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules and for emergency residential placements in nonpublic special education facilities that are not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, subject to the requirements of this Section.
(c) Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. (d) Payments shall be made by the resident school district to the entity providing the educational services, whether the entity is the nonpublic special education facility or the school district wherein the facility is located, no less than once per quarter, unless otherwise agreed to in writing by the parties. (e) A school district may residentially place a student in a nonpublic special education facility providing educational services, but not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, provided that the State Board of Education provides an emergency and student-specific approval for residential placement. The State Board of Education shall promptly, within 10 days after the request, approve a request for emergency and student-specific approval for residential placement if the following have been demonstrated to the State Board of Education: (1) the facility demonstrates appropriate licensure | ||
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(2) the facility demonstrates age-appropriate | ||
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(3) the facility provides enrollment and attendance | ||
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(4) the facility demonstrates the ability to | ||
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(5) the school district demonstrates that it made | ||
| ||
A resident school district may also submit such proof to the State Board of Education as may be required for its student. The State Board of Education may not unreasonably withhold approval once satisfactory proof is provided to the State Board. (f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly. (g) Emergency residential placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's residential placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student. (h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students. (k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate. (l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-546)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities. (a) The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
(b) If a student's individualized education program (IEP) team determines that because of his or her disability the special education
program of a district is unable to meet the needs of the child and the
child attends a non-public school or special education facility, a
public out-of-state school or a special education facility owned and
operated by a county government unit that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility. Resident district financial responsibility and reimbursement applies for both nonpublic special education facilities that are approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules and for emergency placements in nonpublic special education facilities that are not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, subject to the requirements of this Section.
(c) Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. (c-5) Before a provider that operates a nonpublic special education facility terminates a student's placement in that facility, the provider must request an IEP meeting from the contracting school district. If the provider elects to terminate the student's placement following the IEP meeting, the provider must give written notice to this effect to the parent or guardian, the contracting public school district, and the State Board of Education no later than 20 business days before the date of termination, unless the health and safety of any student are endangered. The notice must include the detailed reasons for the termination and any actions taken to address the reason for the termination. (d) Payments shall be made by the resident school district to the entity providing the educational services, whether the entity is the nonpublic special education facility or the school district wherein the facility is located, no less than once per quarter, unless otherwise agreed to in writing by the parties. (e) A school district may place a student in a nonpublic special education facility providing educational services, but not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, provided that the State Board of Education provides an emergency and student-specific approval for placement. The State Board of Education shall promptly, within 10 days after the request, approve a request for emergency and student-specific approval for placement if the following have been demonstrated to the State Board of Education: (1) the facility demonstrates appropriate licensure | ||
| ||
(2) the facility demonstrates age-appropriate | ||
| ||
(3) the facility provides enrollment and attendance | ||
| ||
(4) the facility demonstrates the ability to | ||
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(5) the school district demonstrates that it made | ||
| ||
A resident school district may also submit such proof to the State Board of Education as may be required for its student. The State Board of Education may not unreasonably withhold approval once satisfactory proof is provided to the State Board. (f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly. (g) Emergency placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student. (h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students. (k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate. (l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; 103-546, eff. 8-11-23.)
|
(105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
Sec. 14-7.02a.
(Repealed).
(Source: P.A. 92-568, eff. 6-26-02. Repealed by P.A. 93-1022, eff. 8-24-04.)
|
(105 ILCS 5/14-7.02b)
Sec. 14-7.02b. Funding for children requiring special education services.
Payments to school districts for children requiring
special education services documented in their individualized education
program regardless of the program from which these services are received,
excluding children claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
be made in accordance with this Section. Funds received under this Section
may be used only for the provision of special educational facilities and
services as defined in Section 14-1.08 of this Code.
The appropriation for fiscal year 2005 through fiscal year 2017 shall be based upon
the IDEA child count of all students in the State, excluding students
claimed under Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
preceding, multiplied by 17.5% of the general State aid
foundation level of support established for that fiscal year under Section
18-8.05 of
this Code.
Beginning with fiscal year 2005 and through fiscal year 2007, individual school districts
shall not receive payments under this Section totaling less than they received
under the
funding authorized under Section 14-7.02a of this Code
during fiscal year 2004, pursuant to the provisions of Section 14-7.02a as they
were in effect before the effective date of this amendatory Act of the 93rd
General Assembly. This base level funding shall be computed first.
Beginning with fiscal year 2008 through fiscal year 2017, individual school districts must not receive payments under this Section totaling less than they received in fiscal year 2007. This funding shall be computed last and shall be a separate calculation from any other calculation set forth in this Section. This amount is exempt from the requirements of Section 1D-1 of this Code.
Through fiscal year 2017, an amount equal to 85% of the funds remaining in the appropriation shall be allocated to school districts based upon the
district's average daily attendance reported for purposes of Section
18-8.05 of this Code for the preceding school year. Fifteen percent of the
funds
remaining in the appropriation
shall be allocated to school districts based upon the district's low income
eligible pupil count used in the calculation of general State aid under Section
18-8.05 of this Code for the same fiscal year. One hundred percent of the
funds
computed and allocated to districts under this Section shall be distributed and
paid to school districts.
For individual
students with disabilities whose program costs exceed 4 times the
district's per capita tuition rate
as calculated under Section 10-20.12a of this Code, the costs in excess
of 4 times the district's per capita tuition rate shall be paid by the State
Board of Education from unexpended IDEA discretionary funds originally
designated for room and board reimbursement pursuant to Section
14-8.01 of this Code. The amount of tuition for these children shall be
determined by the actual cost of maintaining classes for these children,
using the per
capita cost formula set forth in Section 14-7.01 of this Code, with the
program and cost being pre-approved by the State Superintendent of
Education. Reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year and thereafter.
The State Board of Education shall prepare vouchers equal to one-fourth the
amount allocated to districts, for transmittal
to the State Comptroller on the 30th day of September, December, and March,
respectively, and the final voucher, no later than June 20. The Comptroller
shall make payments pursuant to this Section to school districts as soon as possible after receipt of vouchers. If the money
appropriated from the General Assembly for such purposes for any year is
insufficient, it shall be apportioned on the basis of the payments due to
school districts.
Nothing in this Section shall be construed to decrease or increase the
percentage of all special education funds that are allocated annually
under Article 1D of this Code
or to alter the requirement that a
school district provide special education services.
Nothing in this amendatory Act of the 93rd General Assembly shall
eliminate any reimbursement obligation owed as of the effective date of this
amendatory Act of the 93rd General Assembly to a school district with in excess
of 500,000 inhabitants.
Except for reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate, no funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18–8.15 of this Code that is attributable to students requiring special education services must be used for special education services authorized under this Code.(Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/14-7.02c) Sec. 14-7.02c. Private therapeutic day schools; student enrollment data. The Illinois Purchased Care Review Board must accept amended student enrollment data from special education private therapeutic day schools that have specialized contractual agreements with a school district having a population exceeding 500,000 inhabitants in the 2016-2017 and 2017-2018 school years. The amended student enrollment data must be based on actual monthly enrollment days where a student placed by the school district was formally enrolled and began to receive services through the last date he or she was formally exited from the therapeutic day school. All enrolled days must be confined to the official beginning and end dates of the therapeutic day school's official calendar on file with the State Board of Education. In no instance may the amended enrollment be further reduced to account for student absences. A school district having a population of 500,000 or less inhabitants must be billed at the per diem rate approved by the Illinois Purchased Care Review Board based on days enrolled as prescribed in Section 900.330 of Title 89 of the Illinois Administrative Code.
(Source: P.A. 101-10, eff. 6-5-19.) |
(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
Sec. 14-7.03. Special education classes for children from orphanages,
foster family homes, children's homes, or State residential units. If a
school district maintains special education classes on the site of
orphanages and children's homes, or if children from the orphanages,
children's homes, foster family homes, other State agencies, or State
residential units for children attend classes for children with disabilities
in which the school district is a participating member of a joint
agreement, or if the children from the orphanages, children's homes,
foster family homes, other State agencies, or State residential units
attend classes for the children with disabilities maintained by the school
district, then reimbursement shall be paid to eligible districts in
accordance with the provisions of this Section by the Comptroller as directed
by the State Superintendent of Education.
The amount of tuition for such children shall be determined by the
actual cost of maintaining such classes, using the per capita cost formula
set forth in Section 14-7.01, such program and cost to be pre-approved by
the State Superintendent of Education.
If a school district makes a claim for reimbursement under Section
18-3 of this Code it shall not include in any claim filed under
this Section a claim for such children. Payments authorized by law,
including State or federal grants for education of children included in
this Section, shall be deducted in determining the tuition amount.
Nothing in this Code shall be construed so as to prohibit
reimbursement for the tuition of children placed in for profit facilities.
Private facilities shall provide adequate space at the
facility for special education classes provided by a school district or
joint agreement for children with disabilities who are
residents of the
facility at no cost to the school district or joint agreement upon
request of the school district or joint agreement. If such a private
facility provides space at no cost to the district or joint agreement
for special education classes provided to children with
disabilities who are
residents of the facility, the district or joint agreement shall not
include any costs for the use of those facilities in its claim for
reimbursement.
Reimbursement for tuition may include the cost of providing summer
school programs for children with severe and profound disabilities served
under this Section. Claims for that reimbursement shall be filed by
November 1 and shall be paid on or before December 15 from
appropriations made for the purposes of this Section.
The State Board of Education shall establish such rules and
regulations as may be necessary to implement the provisions of this
Section.
Claims filed on behalf of programs operated under this Section housed in an orphanage, children's home, private facility, State residential unit, district or joint agreement site,
jail, detention center, or county-owned shelter care facility
shall be on an individual student basis only for
eligible students with disabilities. These claims shall be in accordance with
applicable rules.
Each district claiming reimbursement for individual students shall have the
eligibility of those students verified by the State Board of Education. On
September 30, December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for individual students
for the regular school term must be received at the State Board of Education by June
15. Claims for individual students received after June 15 shall not
be honored. Claims received by June 15 may be amended until August 1. Final claims for individual students shall be vouchered by
August 31.
However, notwithstanding any other provisions of this Section or this Code, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal year claims shall be made before any claims are paid for the current fiscal year.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes, or State residential
units located within the educational services region upon consent
of the school board otherwise so obligated. In electing to assume the
powers and duties of a school district in providing and maintaining such a
special education program, the regional superintendent may enter into joint
agreements with other districts and may contract with public or private
schools or the orphanage, foster family home, children's home, or State residential
unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall be reimbursed for the actual cost of providing such programs by the resident district as defined in Section 14-1.11a.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, foster family home, State operated
program, orphanage, or children's home shall have the payment for his
educational tuition and any related services assured by the placing agent.
For each student with a disability who is placed in a residential facility by an Illinois public
agency or by any court in this State, the costs for educating the student
are eligible for reimbursement under this Section.
The district of residence of the student with a disability as
defined in Section 14-1.11a is responsible for the actual costs of
the student's special education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the courts.
When a dispute arises over the determination of the district of
residence under this Section, the district or districts may appeal the decision in writing to
the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter. The decision of the State
Superintendent of Education shall be final.
In the event a district does not make a tuition
payment to another district that is providing the special education
program and services, the State Board of Education shall immediately
withhold 125% of
the then remaining annual tuition cost from the State aid or categorical
aid payment due to the
school district that is determined to be the resident school district. All
funds withheld by the State Board of Education shall immediately be
forwarded to the
school district where the student is being served.
When a child eligible for services under this Section 14-7.03 must be
placed in a nonpublic facility, that facility shall meet the programmatic
requirements of Section 14-7.02 and its regulations, and the educational
services shall be funded only in accordance with this Section 14-7.03.
(Source: P.A. 101-17, eff. 6-14-19.)
|
(105 ILCS 5/14-7.03a) (from Ch. 122, par. 14-7.03a)
Sec. 14-7.03a.
(Repealed).
(Source: P.A. 80-1481. Repealed by P.A. 90-644, eff. 7-24-98.)
|
(105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
Sec. 14-7.04. Health care reimbursement.
(a) Local educational agencies
may utilize federally funded health care programs to share in the costs of
services which are provided to children requiring special education and
related services and which are either listed on an individualized education
program established pursuant to the federal Education for All Handicapped
Children Act of 1975, Public Law No. 94-142 or are provided under an
individualized family service plan established pursuant to the federal
Education of the Handicapped Act Amendments of 1986, Public Law No. 99-457.
Those federally funded health care programs shall also share in the cost
of all screenings and diagnostic evaluations for children suspected of
having or known to have a disability.
However, all such services shall continue to be initially funded by the
local educational agency and shall be provided regardless of subsequent
cost sharing with other funding sources. Federally funded health care
reimbursement funds are supplemental and shall not be used to reduce any
other Federal payments, private payments or State Board of Education funds
for special education as provided in Article 14 of the School Code for
which the local education agency is eligible.
Local educational agencies providing early periodic screening and
diagnostic testing services on or after August 1, 1991, including screening
and diagnostic services, health care and treatment, preventive health care,
and any other measure to correct or improve health impairments of
Medicaid-eligible children, may also access federally funded health care
resources.
The State Board of Education and the Department of Healthcare and Family Services may enter
into an intergovernmental agreement whereby school districts or their
agents may claim medicaid matching funds for medicaid eligible special
education children as authorized by Section 1903 of the Social Security
Act. Under that intergovernmental agreement, school districts or their
agents may also claim federal funds for the services provided to special
education students enrolled in the Children's Health
Insurance Program.
(b) No employee or officer of a school district, special education
joint agreement, office of a regional superintendent of schools or the
State Board of Education may have a direct or indirect financial interest
in any agreement between the entity of which the person is an employee or
officer and any corporation, organization or other entity that collects or
participates in the collection of payments from private health care benefit
plans or federally funded health care programs authorized under this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(105 ILCS 5/14-7.05)
Sec. 14-7.05. Placement in residential facility; payment of educational costs. For any student with a disability in a residential facility placement made or paid for by an Illinois public State agency or made by any court in this State, the school district of residence as determined pursuant to this Article is responsible for the costs of educating the child and shall be reimbursed for those costs in accordance with this Code. Subject to this Section and relevant State appropriation, the resident district's financial responsibility and reimbursement must be calculated in accordance with the provisions of Section 14-7.02 of this Code. In those instances in which a district receives a block grant pursuant to Article 1D of this Code, the district's financial responsibility is limited to the actual educational costs of the placement, which must be paid by the district from its block grant appropriation. Resident district financial responsibility and reimbursement applies for both residential facilities that are approved by the State Board of Education and non-approved facilities, subject to the requirements of this Section. The Illinois placing agency or court remains responsible for funding the residential portion of the placement and for notifying the resident district prior to the placement, except in emergency situations. The residential facility in which the student is placed shall notify the resident district of the student's enrollment as soon as practicable after the placement. Failure of the placing agency or court to notify the resident district prior to the placement does not absolve the resident district of financial responsibility for the educational costs of the placement; however, the resident district shall not become financially responsible unless and until it receives written notice of the placement by either the placing agency, court, or residential facility. The placing agency or parent shall request an individualized education program (IEP) meeting from the resident district if the placement would entail additional educational services beyond the student's current IEP. The district of residence shall retain control of the IEP process, and any changes to the IEP must be done in compliance with the federal Individuals with Disabilities Education Act. Prior to the placement of a child in an out-of-state special education residential facility, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The placing agency or court must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. Payments shall be made by the resident district to the entity providing the educational services, whether the entity is the residential facility or the school district wherein the facility is located, no less than once per quarter unless otherwise agreed to in writing by the parties. A residential facility providing educational services within the facility, but not approved by the State Board of Education, is required to demonstrate proof to the State Board of (i) appropriate licensure of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. A school district is under no obligation to pay such a residential facility unless and until such proof is provided to the State Board's satisfaction. When a dispute arises over the determination of the district of residence under this Section, any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items of information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 102-254, eff. 8-6-21; 102-894, eff. 5-20-22.) |
(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) Sec. 14-8.01. Supervision of special education buildings and
facilities. All special educational facilities, building programs,
housing, and all educational programs for the types of children with disabilities
defined in Section 14-1.02 shall be under the
supervision of and
subject to the approval of the State Board of Education.
All special education facilities, building programs, and
housing shall comply with the building code authorized by Section 2-3.12.
All educational programs for children
with disabilities as defined in Section 14-1.02 administered by any State
agency shall be under the general supervision of the State Board of
Education. Such supervision shall be limited to insuring that such
educational programs meet standards jointly developed and agreed to by
both the State Board of Education and the operating State agency,
including standards for educational personnel.
Any State agency providing special educational programs for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with the State
Board of Education and pursuant to the Illinois Administrative Procedure
Act as now or hereafter amended, to insure that all such programs comply
with this Section and Section 14-8.02.
No otherwise qualified child with a disability receiving special
education
and related services under Article 14 shall solely by reason of his or
her disability be excluded from the participation in or be
denied the
benefits of or be subjected to discrimination under any program or
activity provided by a State agency.
State agencies providing special education and related services,
including room and board, either directly or through grants or purchases
of services shall continue to provide these services according to
current law and practice. Room and board costs not provided by a State
agency other than the State Board of Education shall be provided by the
State Board of Education to the extent of available funds. An amount equal
to one-half of the State
education agency's share of IDEA PART B federal monies, or so
much thereof
as may actually be needed, shall annually be appropriated to pay for the
additional costs of providing for room and board for those children
placed pursuant to Section 14-7.02 of this Code and, after all such
room and
board costs are paid, for similar expenditures
for children served pursuant to
Section 14-7.02 or 14-7.02b of this Code. Any such excess
room and board funds must first be directed to those school districts
with students costing in excess of 4 times the district's per capita tuition
charge and then to
community based programs that serve as alternatives to residential
placements.
Beginning with Fiscal Year 1997 and continuing through Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 federal funds shall be allocated
by
the State Board of Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and special education
cooperatives for the maintenance of instructional and related support services
to students with disabilities.
However, beginning with Fiscal Year 1998, the total IDEA Part B discretionary
funds available to the State Board of Education shall not exceed the maximum
permissible under federal law or 20% of the total federal funds available to
the State, whichever is less. After
all room and board
payments and similar
expenditures are made by the State Board of Education as required by this
Section, the State Board of Education may use the remaining funds for
administration and for providing discretionary activities. However, the State
Board of Education may use no more than 25% of its available IDEA Part B
discretionary funds for administrative services.
Special education and related services included in the child's
individualized educational program which are not provided by another
State agency shall be included in the special education and related
services provided by the State Board of Education and the local school
district.
The State Board of Education with the advice of the Advisory Council
shall prescribe the standards and make the necessary rules and
regulations for special education programs administered by local school
boards, including but not limited to establishment of classes, training
requirements of teachers and other professional personnel, eligibility
and admission of pupils, the curriculum, class size limitation, building
programs, housing, transportation, special equipment and instructional
supplies, and the applications for claims for reimbursement. The State
Board of Education shall promulgate rules and regulations for annual
evaluations of the effectiveness of all special education programs and
annual evaluation by the local school district of the individualized
educational program for each child for whom it provides special
education services.
A school district is responsible for the provision of educational
services for all school age children residing within its boundaries
excluding any student placed under the provisions of Section 14-7.02 or any
student with a disability whose parent or guardian lives outside of the State of
Illinois as described in Section 14-1.11.
(Source: P.A. 99-143, eff. 7-27-15.)
|
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, evaluation, and placement of children.
(a) The State Board of Education shall make rules under which local school
boards shall determine the eligibility of children to receive special
education. Such rules shall ensure that a free appropriate public
education be available to all children with disabilities as
defined in
Section 14-1.02. The State Board of Education shall require local school
districts to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language
other than English is used to determine their eligibility to receive special
education. The placement of low English proficiency students in special
education programs and facilities shall be made in accordance with the test
results reflecting the student's linguistic, cultural and special education
needs. For purposes of determining the eligibility of children the State
Board of Education shall include in the rules definitions of "case study",
"staff conference", "individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in
this Article. For purposes of determining the eligibility of children from
homes in which a language other than English is used, the State Board of
Education shall include in the rules
definitions for "qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs". For purposes of this
Section, as well as Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent as defined in the federal Individuals with Disabilities Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education facilities except
with a carefully completed case study fully reviewed by professional
personnel in a multidisciplinary staff conference and only upon the
recommendation of qualified specialists or a qualified bilingual specialist, if
available. At the conclusion of the multidisciplinary staff conference, the
parent of the child and, if the child is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall be given a copy of the multidisciplinary
conference summary report and recommendations, which includes options
considered, and, in the case of the parent, be informed of his or her right to obtain an independent educational
evaluation if he or she disagrees with the evaluation findings conducted or obtained
by the school district. If the school district's evaluation is shown to be
inappropriate, the school district shall reimburse the parent for the cost of
the independent evaluation. The State Board of Education shall, with advice
from the State Advisory Council on Education of Children with
Disabilities on the
inclusion of specific independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board of Education
shall include on the list clinical psychologists licensed pursuant to the
Clinical Psychologist Licensing Act. Such psychologists shall not be paid fees
in excess of the amount that would be received by a school psychologist for
performing the same services. The State Board of Education shall supply school
districts with such list and make the list available to parents at their
request. School districts shall make the list available to parents at the time
they are informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an impartial
due process hearing under this Section within 5 days of any written parent
request for an independent educational evaluation to show that
its evaluation is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent educational
evaluation, but not at public expense. An independent educational
evaluation at public expense must be completed within 30 days of a parent
written request unless the school district initiates an
impartial due process hearing or the parent or school district
offers reasonable grounds to show that such 30-day time period should be
extended. If the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that such 30-day
period should be extended. If a parent disagrees with the summary report or
recommendations of the multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such evaluation and
the child shall remain in his or her regular classroom setting.
No child shall be eligible for admission to a
special class for children with a mental disability who are educable or for children with a mental disability who are trainable except with a psychological evaluation
and
recommendation by a school psychologist. Consent shall be obtained from
the parent of a child before any evaluation is conducted.
If consent is not given by the parent or if the parent disagrees with the findings of the evaluation, then the school
district may initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the decision
resulting from the impartial due process hearing and the decision is not
appealed or if the decision is affirmed on appeal.
The determination of eligibility shall be made and the IEP meeting shall be completed within 60 school days
from the date of written parental consent. In those instances when written parental consent is obtained with fewer than 60 pupil attendance days left in the school year,
the eligibility determination shall be made and the IEP meeting shall be completed prior to the first day of the
following school year. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. The appropriate
program pursuant to the individualized educational program of students
whose native tongue is a language other than English shall reflect the
special education, cultural and linguistic needs. No later than September
1, 1993, the State Board of Education shall establish standards for the
development, implementation and monitoring of appropriate bilingual special
individualized educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to verify implementation
of these standards. The district shall indicate to the parent, the State Board of Education, and, if applicable, the Department's Office of Education and Transition Services the nature of the services the child will receive
for the regular school term while awaiting placement in the appropriate special
education class. At the child's initial IEP meeting and at each annual review meeting, the child's IEP team shall provide the child's parent or guardian and, if applicable, the Department's Office of Education and Transition Services with a written notification that informs the parent or guardian or the Department's Office of Education and Transition Services that the IEP team is required to consider whether the child requires assistive technology in order to receive free, appropriate public education. The notification must also include a toll-free telephone number and internet address for the State's assistive technology program.
If the child is deaf, hard of hearing, blind, or visually impaired or has an orthopedic impairment or physical disability and
he or she might be eligible to receive services from the Illinois School for
the Deaf, the Illinois School for the Visually Impaired, or the Illinois Center for Rehabilitation and Education-Roosevelt, the school
district shall notify the parents, in writing, of the existence of
these schools
and the services
they provide and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide. This notification
shall
include without limitation information on school services, school
admissions criteria, and school contact information.
In the development of the individualized education program for a student who has a disability on the autism spectrum (which includes autistic disorder, Asperger's disorder, pervasive developmental disorder not otherwise specified, childhood disintegrative disorder, and Rett Syndrome, as defined in the Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall consider all of the following factors: (1) The verbal and nonverbal communication needs of | ||
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(2) The need to develop social interaction skills | ||
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(3) The needs resulting from the child's unusual | ||
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(4) The needs resulting from resistance to | ||
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(5) The needs resulting from engagement in | ||
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(6) The need for any positive behavioral | ||
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(7) Other needs resulting from the child's | ||
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Public Act 95-257
does not create any new entitlement to a service, program, or benefit, but must not affect any entitlement to a service, program, or benefit created by any other law.
If the student may be eligible to participate in the Home-Based Support
Services Program for Adults with Mental Disabilities authorized under the
Developmental Disability and Mental Disability Services Act upon becoming an
adult, the student's individualized education program shall include plans for
(i) determining the student's eligibility for those home-based services, (ii)
enrolling the student in the program of home-based services, and (iii)
developing a plan for the student's most effective use of the home-based
services after the student becomes an adult and no longer receives special
educational services under this Article. The plans developed under this
paragraph shall include specific actions to be taken by specified individuals,
agencies, or officials.
(c) In the development of the individualized education program for a
student who is functionally blind, it shall be presumed that proficiency in
Braille reading and writing is essential for the student's satisfactory
educational progress. For purposes of this subsection, the State Board of
Education shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified as
functionally blind who are also entitled to Braille instruction include:
(i) those whose vision loss is so severe that they are unable to read and
write at a level comparable to their peers solely through the use of
vision, and (ii) those who show evidence of progressive vision loss that
may result in functional blindness. Each student who is functionally blind
shall be entitled to Braille reading and writing instruction that is
sufficient to enable the student to communicate with the same level of
proficiency as other students of comparable ability. Instruction should be
provided to the extent that the student is physically and cognitively able
to use Braille. Braille instruction may be used in combination with other
special education services appropriate to the student's educational needs.
The assessment of each student who is functionally blind for the purpose of
developing the student's individualized education program shall include
documentation of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized education
program for a student who is functionally blind shall receive information
describing the benefits of Braille instruction. The individualized
education program for each student who is functionally blind shall
specify the appropriate learning medium or media based on the assessment
report.
(d) To the maximum extent appropriate, the placement shall provide the
child with the opportunity to be educated with children who do not have a disability; provided that children with
disabilities who are recommended to be
placed into regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular
classroom instruction and are included on the teacher's regular education class
register. Subject to the limitation of the preceding sentence, placement in
special classes, separate schools or other removal of the child with a disability
from the regular educational environment shall occur only when the nature of
the severity of the disability is such that education in the
regular classes with
the use of supplementary aids and services cannot be achieved satisfactorily.
The placement of English learners with disabilities shall
be in non-restrictive environments which provide for integration with
peers who do not have disabilities in bilingual classrooms. Annually, each January, school districts shall report data on students from non-English
speaking backgrounds receiving special education and related services in
public and private facilities as prescribed in Section 2-3.30. If there
is a disagreement between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the placement is
subject to impartial due process procedures described in Article 10 of the
Rules and Regulations to Govern the Administration and Operation of Special
Education.
(e) No child who comes from a home in which a language other than English
is the principal language used may be assigned to any class or program
under this Article until he has been given, in the principal language
used by the child and used in his home, tests reasonably related to his
cultural environment. All testing and evaluation materials and procedures
utilized for evaluation and placement shall not be linguistically, racially or
culturally discriminatory.
(f) Nothing in this Article shall be construed to require any child to
undergo any physical examination or medical treatment whose parents object thereto on the grounds that such examination or
treatment conflicts with his religious beliefs.
(g) School boards or their designee shall provide to the parents of a child or, if applicable, the Department of Children and Family Services' Office of Education and Transition Services prior written notice of any decision (a) proposing
to initiate or change, or (b) refusing to initiate or change, the
identification, evaluation, or educational placement of the child or the
provision of a free appropriate public education to their child, and the
reasons therefor. For a parent, such written notification shall also inform the
parent of the opportunity to present complaints with respect
to any matter relating to the educational placement of the student, or
the provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice shall inform
the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and all
procedures available pursuant to this Act and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446); it
shall be the responsibility of the State Superintendent to develop
uniform notices setting forth the procedures available under this Act
and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) to be used by all school boards. The notice
shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant services
available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall revise the uniform notices required by this subsection (g) to reflect current law and procedures at least once every 2 years. Any parent who is deaf or
does not normally communicate using spoken English and who participates in
a meeting with a representative of a local educational agency for the
purposes of developing an individualized educational program or attends a multidisciplinary conference shall be
entitled to the services of an interpreter. The State Board of Education must adopt rules to establish the criteria, standards, and competencies for a bilingual language interpreter who attends an individualized education program meeting under this subsection to assist a parent who has limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified professional" means an individual who holds credentials to evaluate the child in the domain or domains for which an evaluation is sought or an intern working under the direct supervision of a qualified professional, including a master's or doctoral degree candidate. To ensure that a parent can participate fully and effectively with school personnel in the development of appropriate educational and related services for his or her child, the parent, an independent educational evaluator, or a qualified professional retained by or on behalf of a parent or child must be afforded reasonable access to educational facilities, personnel, classrooms, and buildings and to the child as provided in this subsection (g-5). The requirements of this subsection (g-5) apply to any public school facility, building, or program and to any facility, building, or program supported in whole or in part by public funds. Prior to visiting a school, school building, or school facility, the parent, independent educational evaluator, or qualified professional may be required by the school district to inform the building principal or supervisor in writing of the proposed visit, the purpose of the visit, and the approximate duration of the visit. The visitor and the school district shall arrange the visit or visits at times that are mutually agreeable. Visitors shall comply with school safety, security, and visitation policies at all times. School district visitation policies must not conflict with this subsection (g-5). Visitors shall be required to comply with the requirements of applicable privacy laws, including those laws protecting the confidentiality of education records such as the federal Family Educational Rights and Privacy Act and the Illinois School Student Records Act. The visitor shall not disrupt the educational process. (1) A parent must be afforded reasonable access of | ||
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(2) An independent educational evaluator or a | ||
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(h) In the development of the individualized education program or federal Section 504 plan for a student, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing the student's individualized education program or federal Section 504 plan. (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff. 6-10-22; 103-197, eff. 1-1-24.) |
(105 ILCS 5/14-8.02a)
Sec. 14-8.02a. Impartial due process hearing; civil action.
(a) This Section
shall apply to all impartial due process hearings requested on or after July
1, 2005. Impartial due process hearings requested before July 1, 2005 shall be governed by the rules described in Public Act 89-652. (a-5) For purposes of this Section and Section 14-8.02b of this Code, days shall be computed in accordance with Section 1.11 of the Statute on Statutes.
(b) The State Board of Education shall establish an impartial due process
hearing system in accordance with this
Section and may, with the advice and approval of the Advisory Council on
Education of Children with Disabilities, promulgate rules and regulations
consistent with this Section to establish the rules and procedures for due process hearings.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) An impartial due process hearing shall be convened upon the request of a
parent, student if at least 18 years of age or emancipated, or a
school district. A school district shall
make a request in writing to the State Board of Education and promptly mail a
copy of the request to the parents or student (if at least 18 years of age or emancipated) at the parent's or student's last
known address. A request made by the parent or student shall be made in writing to the superintendent of the school district where the student resides. The superintendent shall forward the request to the State Board of Education within 5 days after receipt of the request. The request shall be filed no more than 2 years following the date the person or school district knew or should have known of the event or events forming the basis for the request. The request shall, at a minimum, contain all of the following: (1) The name of the student, the address of the | ||
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(2) In the case of homeless children (as defined | ||
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(3) A description of the nature of the problem | ||
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(4) A proposed resolution of the problem to the | ||
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(f-5) Within 3 days after receipt of the hearing request,
the State Board of
Education shall appoint a due process hearing officer using a rotating
appointment system and shall notify the hearing officer of his or her
appointment. For a school district other than a school district located in a municipality having a population exceeding 500,000, a hearing officer who is a current resident of the school district, special
education cooperative, or other public entity involved in the hearing shall recuse himself or herself. A hearing officer who is a former employee of the school district, special education cooperative, or other public entity involved in the hearing shall immediately disclose the former employment to the parties and shall recuse himself or herself, unless the parties otherwise agree in writing. A
hearing officer having a personal or professional interest that may conflict
with his or her objectivity in the hearing shall disclose the conflict to the parties and shall recuse himself or herself unless the parties otherwise agree in writing. For purposes of this subsection
an assigned hearing officer shall be considered to have a conflict of interest
if, at any time prior to the issuance of his or her written decision, he or she
knows or should know that he or she may receive remuneration from a party
to the hearing within 3 years following the conclusion of the due process
hearing. A party to a due process hearing shall be permitted one substitution
of hearing officer as a matter of right, in accordance with procedures
established by the rules adopted by the State Board of Education under this
Section. The State Board of Education shall randomly select and appoint
another hearing officer within 3 days after receiving notice that the appointed
hearing officer is ineligible to serve or upon receiving a proper request for
substitution of hearing officer. If a party withdraws its request for a due
process hearing after a hearing officer has been appointed, that hearing
officer shall retain jurisdiction over a subsequent hearing that involves the
same parties and is requested within one year from the date of withdrawal of
the previous request, unless that hearing
officer is unavailable.
Any party may raise
facts that constitute a conflict of interest for the hearing officer at any
time before or during the hearing and may move for recusal.
(g) Impartial due process hearings shall be conducted pursuant to this
Section and any rules and regulations promulgated by the State Board of Education
consistent with this Section and other governing laws and regulations. The hearing shall address only those issues properly raised in the hearing request under subsection (f) of this Section or, if applicable, in the amended hearing request under subsection (g-15) of this Section. The
hearing shall be closed to the public unless the parents request
that the hearing be open to the public. The parents involved in
the hearing shall have the right to have the student who is the subject of the
hearing present. The hearing shall be held at a time and place which are
reasonably convenient to the parties involved. Upon the request of
a party, the hearing officer shall hold the hearing at a location neutral to
the parties if the hearing officer determines that there is no cost for
securing the use of the neutral location. Once appointed, the impartial due
process hearing officer shall not communicate with the State Board of Education
or its employees concerning the
hearing, except that, where circumstances require, communications for
administrative purposes that do not deal with substantive or procedural matters
or issues on the merits are authorized, provided that the hearing officer
promptly notifies all parties of the substance of the communication as a matter
of record. (g-5) Unless the school district has previously provided prior written notice to the parent or student (if at least 18 years of age or emancipated) regarding the subject matter of the hearing request, the school district shall, within 10 days after receiving a hearing request initiated by a parent or student (if at least 18 years of age or emancipated), provide a written response to the request that shall include all of the following: (1) An explanation of why the school district | ||
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(2) A description of other options the IEP team | ||
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(3) A description of each evaluation procedure, | ||
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(4) A description of the factors that are or were | ||
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(g-10) When the hearing request has been initiated by a school district, within 10 days after receiving the request, the parent or student (if at least 18 years of age or emancipated) shall provide the school district with a response that specifically addresses the issues raised in the school district's hearing request. The parent's or student's response shall be provided in writing, unless he or she is illiterate or has a disability that prevents him or her from providing a written response. The parent's or student's response may be provided in his or her native language, if other than English. In the event that illiteracy or another disabling condition prevents the parent or student from providing a written response, the school district shall assist the parent or student in providing the written response. (g-15) Within 15 days after receiving notice of the hearing request, the non-requesting party may challenge the sufficiency of the request by submitting its challenge in writing to the hearing officer. Within 5 days after receiving the challenge to the sufficiency of the request, the hearing officer shall issue a determination of the challenge in writing to the parties. In the event that the hearing officer upholds the challenge, the party who requested the hearing may, with the consent of the non-requesting party or hearing officer, file an amended request. Amendments are permissible for the purpose of raising issues beyond those in the initial hearing request. In addition, the party who requested the hearing may amend the request once as a matter of right by filing the amended request within 5 days after filing the initial request. An amended request, other than an amended request as a matter of right, shall be filed by the date determined by the hearing officer, but in no event any later than 5 days prior to the date of the hearing. If an amended request, other than an amended request as a matter of right, raises issues that were not part of the initial request, the applicable timeline for a hearing, including the timeline under subsection (g-20) of this Section, shall recommence. (g-20) Within 15 days after receiving a request for a hearing from a parent or student (if at least 18 years of age or emancipated) or, in the event that the school district requests a hearing, within 15 days after initiating the request, the school district shall convene a resolution meeting with the parent and relevant members of the IEP team who have specific knowledge of the facts contained in the request for the purpose of resolving the problem that resulted in the request. The resolution meeting shall include a representative of the school district who has decision-making authority on behalf of the school district. Unless the parent is accompanied by an attorney at the resolution meeting, the school district may not include an attorney representing the school district. The resolution meeting may not be waived unless agreed to in writing by the school district and the parent or student (if at least 18 years of age or emancipated) or the parent or student (if at least 18 years of age or emancipated) and the school district agree in writing to utilize mediation in place of the resolution meeting. If either party fails to cooperate in the scheduling or convening of the resolution meeting, the hearing officer may order an extension of the timeline for completion of the resolution meeting or, upon the motion of a party and at least 7 days after ordering the non-cooperating party to cooperate, order the dismissal of the hearing request or the granting of all relief set forth in the request, as appropriate. In the event that the school district and the parent or student (if at least 18 years of age or emancipated) agree to a resolution of the problem that resulted in the hearing request, the terms of the resolution shall be committed to writing and signed by the parent or student (if at least 18 years of age or emancipated) and the representative of the school district with decision-making authority. The agreement shall be legally binding and shall be enforceable in any State or federal court of competent jurisdiction. In the event that the parties utilize the resolution meeting process, the process shall continue until no later than the 30th day following the receipt of the hearing request by the non-requesting party (or as properly extended by order of the hearing officer) to resolve the issues underlying the request, at which time the timeline for completion of the impartial due process hearing shall commence. The State Board of Education may, by rule, establish additional procedures for the conduct of resolution meetings. (g-25) If mutually agreed to in writing, the parties to a hearing request may request State-sponsored mediation as a substitute for the resolution process described in subsection (g-20) of this Section or may utilize mediation at the close of the resolution process if all issues underlying the hearing request have not been resolved through the resolution process. (g-30) If mutually agreed to in writing, the parties to a hearing request may waive the resolution process described in subsection (g-20) of this Section. Upon signing a written agreement to waive the resolution process, the parties shall be required to forward the written waiver to the hearing officer appointed to the case within 2 business days following the signing of the waiver by the parties. The timeline for the impartial due process hearing shall commence on the date of the signing of the waiver by the parties. (g-35) The timeline for completing the impartial due process hearing, as set forth in subsection (h) of this Section, shall be initiated upon the occurrence of any one of the following events: (1) The unsuccessful completion of the resolution | ||
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(2) The mutual agreement of the parties to waive the | ||
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(g-40) The hearing officer shall convene a prehearing conference no later than 14
days before the scheduled date for the due process hearing for the general
purpose of aiding in the fair, orderly, and expeditious conduct of the hearing.
The hearing officer shall provide the parties with written notice of the
prehearing conference at least 7 days in advance of the conference. The
written notice shall require the parties to notify the hearing officer by a
date certain whether they intend to participate in the prehearing conference.
The hearing officer may conduct the prehearing conference in person or by
telephone. Each party shall at the prehearing conference (1) disclose whether
it is represented by legal counsel or intends to retain legal counsel; (2) clarify
matters it believes to be in dispute in the case and the specific relief
being sought; (3) disclose whether there are any additional evaluations for the student
that it intends to
introduce into the
hearing record that have not been previously disclosed to the other parties;
(4) disclose a list of all documents it intends to introduce into the hearing record,
including the date and a brief description of each document; and (5) disclose the names
of all witnesses it intends to call to testify at the hearing. The hearing
officer shall specify the order of presentation to be used at the hearing. If
the
prehearing conference is held by telephone, the parties shall transmit the
information required in this paragraph in such a manner that it is available to
all parties at the time of the prehearing conference. The State Board of
Education may, by
rule, establish additional procedures for the conduct of prehearing
conferences.
(g-45) The
impartial due process hearing officer shall not initiate or participate in any
ex parte communications with the parties, except to arrange the date, time,
and location of the prehearing conference, due process hearing, or other status conferences convened at the discretion of the hearing officer
and to
receive confirmation of whether a party intends to participate in the
prehearing conference. (g-50) The parties shall disclose and provide to each other
any evidence which they intend to submit into the hearing record no later than
5 days before the hearing. Any party to a hearing has the right to prohibit
the introduction of any evidence at the hearing that has not been disclosed to
that party at least 5 days before the hearing. The party requesting a hearing shall not be permitted at the hearing to raise issues that were not raised in the party's initial or amended request, unless otherwise permitted in this Section.
(g-55) All reasonable efforts must be made by the parties to present their respective cases at the hearing within a cumulative period of 7 days. When scheduling hearing dates, the hearing officer shall schedule the final day of the hearing no more than 30 calendar days after the first day of the hearing unless good cause is shown. This subsection (g-55) shall not be applied in a manner that (i) denies any party to the hearing a fair and reasonable allocation of time and opportunity to present its case in its entirety or (ii) deprives any party to the hearing of the safeguards accorded under the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), regulations promulgated under the Individuals with Disabilities Education Improvement Act of 2004, or any other applicable law. The school district shall present evidence that the special education needs
of the child have been appropriately identified and that the special education
program and related services proposed to meet the needs of the child are
adequate, appropriate, and available. Any party to the hearing shall have the
right to (1) be represented
by counsel and be accompanied and advised by individuals with special knowledge
or training with respect to the problems of children with disabilities, at the
party's own expense; (2) present evidence and confront and cross-examine
witnesses; (3) move for the exclusion of witnesses from the hearing until they
are called to testify, provided, however, that this provision may not be
invoked to exclude the individual designated by a party to assist that party or
its representative in the presentation of the case; (4) obtain a written or
electronic verbatim record of
the proceedings within 30 days of receipt of a written request from the parents
by the school district; and (5) obtain a written decision, including findings
of fact and conclusions of law, within 10 calendar days, excluding Saturday, Sunday, and any State holiday, after the conclusion of the
hearing.
If at issue, the school district shall present evidence that it has
properly identified and evaluated the nature and
severity of the student's suspected or identified disability and that, if the
student has been or should have been determined eligible for special education
and related services, that it is providing or has offered a free appropriate
public education to the student in the least restrictive environment,
consistent with
procedural safeguards and in accordance with an individualized educational
program.
At any time prior to the conclusion of the hearing, the impartial due
process hearing officer shall have the authority to require additional
information and order independent evaluations for the
student at the expense of the school district. The State Board of Education
and the school district shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may request that the
due process hearing officer issue a subpoena to compel the testimony of
witnesses or the production of documents relevant to the
resolution of the hearing. Whenever a person refuses to comply with any
subpoena issued under this Section, the circuit court of the county in which
that hearing is pending, on application of the impartial hearing officer or the
party requesting the issuance of the subpoena, may compel compliance through
the contempt powers of
the court in the same manner as if the requirements of a subpoena issued by the
court had been disobeyed.
(h) The impartial hearing officer shall issue a written decision, including
findings of fact and conclusions of law, within 10 calendar days, excluding Saturday, Sunday, and any State holiday, after the
conclusion of the hearing and send by certified mail a copy of the decision to the parents
or student (if the student requests the hearing), the school
district, the director of special education, legal representatives of the
parties, and the State Board of Education. Unless the hearing officer has
granted specific extensions of time at the request of a party, a final
decision, including the clarification of a decision requested under this
subsection, shall be reached and mailed to the parties named above not later
than 45 days after the initiation of the timeline for conducting the hearing, as described in subsection (g-35) of this Section. The
decision shall specify the educational and related services that shall be
provided to the student in accordance with the student's needs and the timeline for which the school district shall submit evidence to the State Board of Education to demonstrate compliance with the hearing officer's decision in the event that the decision orders the school district to undertake corrective action.
The hearing officer shall retain jurisdiction for the sole purpose of
considering a request for clarification of the final decision submitted in
writing by a party to the impartial hearing officer within 5 days after receipt
of the decision.
A copy of the request for clarification shall specify the portions of the
decision for which clarification is sought and shall be mailed to all parties
of record and to the State Board of Education. The request shall
operate to stay implementation of those portions of the decision for which
clarification is sought, pending action on the request by the hearing officer,
unless the parties otherwise agree. The hearing officer shall issue a
clarification of the specified portion of the decision or issue a partial or
full denial of the request in writing within 10 days of receipt of the request
and mail copies to all parties to whom the decision was mailed. This
subsection does not permit a party to request, or authorize a hearing officer
to entertain, reconsideration of the decision itself. The statute of
limitations for seeking review of the decision shall be tolled from the date
the request is submitted until the date the hearing officer acts upon the
request. The hearing officer's decision shall be binding upon the school district
and the parents unless a civil action is commenced.
(i) Any party to an impartial due process hearing aggrieved by the final
written decision of the impartial due process hearing officer shall have the
right to commence a civil action with respect to the issues presented in the
impartial due process hearing. That civil action shall be brought in any
court of competent jurisdiction within
120 days after a copy of the
decision of the impartial due process hearing officer is mailed to the party as
provided in
subsection (h). The civil action authorized by this subsection shall not be
exclusive of any rights or causes of action otherwise
available. The commencement of a civil action under this subsection shall
operate as a supersedeas. In any action brought under this subsection the
Court shall receive the records of the impartial due process hearing, shall
hear additional evidence at the request of a party, and, basing its decision on
the preponderance of the evidence, shall grant such relief as the court
determines is appropriate. In any instance where a school district willfully
disregards applicable regulations or statutes regarding a child covered by this
Article, and which disregard has been detrimental to the child, the school
district shall be liable for any reasonable attorney's fees incurred by the
parent in connection with proceedings under this Section.
(j) During the pendency of any administrative or judicial proceeding
conducted
pursuant to this Section, including mediation (if the school district or other public entity voluntarily agrees to participate in mediation), unless the school district and the
parents or student (if at least 18 years of age or emancipated) otherwise agree, the student shall remain in
his or her present educational placement and continue in his or her present
eligibility status and special education and related services, if any. If mediation fails to resolve the dispute between the parties, or if the parties do not agree to use mediation, the parent (or student if 18 years of age or older or emancipated) shall have 10 days after the mediation concludes, or after a party declines to use mediation, to file a request for a due process hearing in order to continue to invoke the "stay-put" provisions of this subsection (j). If applying for initial admission to the
school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or emancipated), be placed in the school district program until all such proceedings
have been completed. The costs for any special education and related services
or placement incurred following 60 school days after the initial request for
evaluation shall be borne by the school district if the services or placement
is in accordance with the final determination as to the special education and
related services or placement that must be provided to the child, provided that
during that 60-day period there have been no delays caused by the child's
parent. The requirements and procedures of this subsection (j) shall be included in the uniform notices developed by the State Superintendent under subsection (g) of Section 14-8.02 of this Code.
(k) Whenever the parents of a child of the type described in
Section 14-1.02 are not known or are unavailable or the child is a youth in care as defined in Section 4d of the Children and Family Services Act, a person shall be assigned to serve as surrogate parent for the child in
matters relating to the identification, evaluation, and educational placement
of the child and the provision of a free appropriate public education to the
child. Persons shall be assigned as surrogate parents by the State
Superintendent of Education. The State Board of Education shall promulgate
rules and regulations establishing qualifications of those persons and their
responsibilities and the procedures to be followed in making assignments of
persons as surrogate parents.
Surrogate parents shall not be employees of the school district, an agency
created by joint agreement under Section 10-22.31, an agency involved in the
education or care of the student, or the State Board of Education.
Services of any person assigned as surrogate parent shall terminate if the
parent
becomes available unless otherwise requested by the parents. The assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' legal authority
relative to the child. Any person participating in good faith as surrogate
parent on behalf of the child before school officials or a hearing officer
shall have immunity from civil or criminal liability that otherwise might
result by reason of that participation, except in cases of willful and
wanton misconduct.
(l) At all stages of the hearing or mediation, the hearing officer or mediator shall require that
interpreters licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 be made available by the school district for persons who are deaf
or qualified interpreters be made available by the school district for persons whose normally spoken language is other than English.
(m) If any provision of this Section or its application to any person or
circumstance is held invalid, the invalidity of that provision or application
does not affect other provisions or applications of the Section that can be
given effect without the invalid application or provision, and to this end the
provisions of this Section are severable, unless otherwise provided by this
Section.
(Source: P.A. 102-1072, eff. 6-10-22.)
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(105 ILCS 5/14-8.02b)
Sec. 14-8.02b. Expedited Hearings. (a) The changes made to this Section by this amendatory Act of the 94th General Assembly shall apply to all expedited hearings requested on or after the effective date of this amendatory Act of the 94th General Assembly.
(b) Unless otherwise provided by this
Section,
the
provisions of Section 14-8.02a are applicable to this Section. The
State Board of
Education shall provide for the conduct of expedited hearings in accordance
with the
Individuals with Disabilities Education Act, Public Law 108-446, 20 USC
Sections 1400 et seq.
(hereafter IDEA).
(c) An expedited hearing may be requested by:
(i) a parent or student if the student is at least 18 | ||
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(ii) a school district, if school personnel believe | ||
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(d) A school district shall make a request in writing to the State Board of
Education
and promptly mail a copy of the request to the parents or
student (if at least 18 years of age or emancipated) at the
parents' or student's last known address. A request made by the parent or student (if at least 18 years of age or emancipated) shall
be made in
writing to the superintendent of the school district in which the student
resides, who shall
forward the request to the State Board of Education within one business day of receipt
of
the request.
Upon receipt of the request, the State Board of Education shall appoint a due
process
hearing officer using a rotating appointment system and shall notify the
hearing officer of
his or her appointment.
(e) A request for an expedited hearing initiated by a district for the sole
purpose of
moving a student from his or her current placement to an interim alternative
educational
setting because of dangerous misconduct must be accompanied by all
documentation that
substantiates the district's position that maintaining the student in
his or her current
placement is substantially likely to result in injury to the student or to
others. Also, the
documentation shall include written statements of (1) whether the district is represented by legal
counsel or
intends to retain legal counsel; (2) the matters the district believes to be
in dispute in the
case and the specific relief being sought; and (3) the names of all witnesses
the district
intends to call to testify at the hearing.
(f) An expedited hearing requested by the parent or student (if at least 18 years of age or emancipated) to
challenge
the removal of the student from his or her current placement to an interim
alternative
educational setting or a manifestation determination made by the district as
described
in IDEA shall include a written statement as to the reason the parent believes
that the action taken by the district is not supported by substantial evidence
and all
relevant documentation in the parent's
possession. Also, the
documentation
shall include written statements of (1) whether the parent is represented by legal
counsel or intends to retain legal
counsel; (2) the matters the parent believes to be in dispute in
the case and the specific relief
being sought; and (3) the names of all witnesses the parent intends
to call to testify
at the hearing.
(g) Except as otherwise described in this subsection (g), the school district shall be required to convene the resolution meeting described in subsection (g-20) of Section 14-8.02a of this Code unless the parties choose to utilize mediation in place of the resolution meeting or waive the resolution meeting in accordance with procedures described in subsection (g-30) of Section 14-8.02a of this Code. The resolution meeting shall be convened within 7 days after the date that the expedited hearing request is received by the district.
(h) The hearing officer shall not initiate or participate in any ex parte
communications
with the parties, except to arrange the date, time, and location of the
expedited hearing.
The hearing officer shall contact the parties within 5 days after appointment and set
a hearing
date which shall be no earlier than 15 calendar days following the school district's receipt of the expedited hearing request or upon completion of the resolution meeting, if earlier, and no later than 20 school days after receipt of the expedited hearing request. The hearing
officer shall
set a date no less than 2 business days prior to the date of the expedited hearing for the parties to exchange documentation and a list of witnesses. The non-requesting party shall not be required to submit a written response to the expedited hearing request. The parties may request mediation. The mediation shall not delay the timeline set by the hearing officer for conducting the expedited hearing. The length of the hearing shall not exceed 2 days unless good cause is shown. Good cause shall be determined by the hearing officer in his or her sole discretion and may include the unavailability of a party or witness to attend the scheduled hearing.
(i) Any party to the hearing shall have the right to (1) be represented by
counsel and
be accompanied and advised by individuals with special knowledge or training
with
respect to the problems of children with disabilities, at the party's own
expense; (2)
present evidence and confront and cross-examine witnesses; (3) move for the
exclusion
of witnesses from the hearing until they are called to testify, provided,
however, that this
provision may not be invoked to exclude the individual designated by a party to
assist
that party or its representative in the presentation of the case; (4) in
accord with the
provisions of subsection (g-55) of Section 14-8.02a, obtain a written or
electronic
verbatim
record of the proceedings; and (5) obtain a written decision, including
findings of fact and
conclusions of law, within 10 school
days after the conclusion of the hearing.
(j) The State Board of Education and the school district shall share equally the
costs
of providing a written or electronic verbatim record of the proceedings. Any
party may
request that the hearing officer issue a subpoena to compel the testimony of
witnesses or
the production of documents relevant to the resolution of the hearing.
Whenever a person
refuses to comply with any subpoena issued under this Section, the circuit
court of the
county in which that hearing is pending, on application of the impartial
hearing officer or
the party requesting the issuance of the subpoena, may compel compliance
through the
contempt powers of the court in the same manner as if the requirements of a
subpoena
issued by the court had been disobeyed.
(k) The impartial hearing officer shall issue a final written decision, including
findings of fact and conclusions of law, within 10 school days after the conclusion of
the hearing
and mail a copy of the decision to the parents or student (if the
student requests
the hearing), the school district, the director of special education, legal
representatives of
the parties, and the State Board of Education.
(l) The hearing officer presiding over the expedited hearing shall hear only that
issue
or issues identified by IDEA as proper for expedited hearings, leaving all
other issues to
be heard under a separate request to be initiated and processed in accordance
with the
hearing procedures provided for in this Article and in accordance with the
implementing
regulations.
(Source: P.A. 94-1100, eff. 2-2-07.)
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(105 ILCS 5/14-8.02c) Sec. 14-8.02c. Due process hearing officers. (a) The State Board of Education shall establish a corps of hearing officers in accordance with this Section and may, with the advice and approval of the Advisory Council on Education of Children with Disabilities, adopt rules consistent with this Section to establish the qualifications of and application process for hearing officers. (b) Hearing officers must, at a minimum, (i) possess a master's or doctor's degree in education or another field related to disability issues or a juris doctor degree; (ii) have knowledge of and the ability to understand the requirements of the federal Individuals with Disabilities Education Act, Article 14 of this Code, the implementation of rules or regulations of these federal and State statutes, and the legal interpretation of the statutes, rules, and regulations by federal and State courts; (iii) have the knowledge and ability to conduct hearings in accordance with appropriate, standard, legal practice; and (iv) have the knowledge and ability to render and write decisions in accordance with appropriate, standard, legal practice. Current employees of the State Board of Education, school districts, special education cooperatives, regional service areas or centers, regional educational cooperatives, State-operated elementary and secondary schools, or private providers of special education facilities or programs may not serve as hearing officers. (c) If, at any time, the State Board of Education determines that additional hearing officers are needed, the State Board of Education shall recruit hearing officer candidates who meet the criteria set forth in subsection (b) of this Section. (d) Candidates shall be screened by a 7-member Screening Committee consisting of the following: the Attorney General or his or her designee; the State Superintendent of Education or his or her designee; 3 members appointed by the State Superintendent of Education, one of whom shall be a parent of an individual who is or at one time was eligible to receive special education and related services in an Illinois school district, another of whom shall be a director of special education for an Illinois school district or special education joint agreement, and the other of whom shall be an adult with a disability; and 2 members appointed by the Attorney General, one of whom shall be a parent of an individual who is or at one time was eligible to receive special education and related services in an Illinois school district and the other of whom shall be an experienced special education hearing officer who is not a candidate for appointment under this Section. The chairperson of the Advisory Council on Education of Children with Disabilities or his or her designee shall serve on the Screening Committee as an ex-officio, non-voting member. Appointments and reappointments to the Screening Committee shall be for terms of 3 years. In the event that a member vacates a seat on the Screening Committee prior to the expiration of his or her term, a new member shall be appointed, shall serve the balance of the vacating member's term, and shall be eligible for subsequent reappointment. The Screening Committee shall elect a chairperson from among its voting members. Members of the Screening Committee shall serve without compensation but shall be reimbursed by the State Board of Education for their reasonable expenses. The Screening Committee shall review hearing officer applications and supporting information, interview candidates, and recommend candidates to the Advisory Council on Education of Children with Disabilities based upon objective criteria the Screening Committee develops and makes available to the public. All discussions and deliberations of the Screening Committee and Advisory Council referenced anywhere in this Section pertaining to the review of applications of hearing officer candidates, the interviewing of hearing officer candidates, the recommendation of hearing officer candidates for appointment, and the recommendation of hearing officers for reappointment are excepted from the requirements of the Open Meetings Act, pursuant to item (15) of subsection (c) of Section 2 of the Open Meetings Act. (e) All hearing officer candidates recommended to the Advisory Council on Education of Children with Disabilities shall successfully complete initial training, as established by the contract between the State Board of Education and the training entity, as described in subsection (f), in order to be eligible to serve as an impartial due process hearing officer. The training shall include, at a minimum, instruction in federal and State law, rules, and regulations, federal regulatory interpretations and State and federal court decisions regarding special education and relevant general educational issues, diagnostic procedures, information about disabilities, instruction on conducting effective and impartial hearings in accordance with appropriate, standard, legal practice (including without limitation the handling of amended requests), and instruction in rendering and writing hearing decisions in accordance with appropriate, standard, legal practice. The training must be conducted in an unbiased manner by educational and legal experts, including qualified individuals from outside the public educational system. Upon the completion of the initial training, the Advisory Council on Education of Children with Disabilities, applying objective selection criteria it has developed and made available to the public, shall go into executive session and select the number of hearing officers deemed necessary by the State Board of Education from those candidates who have successfully completed the initial training. Upon selecting the candidates, the Advisory Council shall forward its recommendations to the State Superintendent of Education for final selection. The hearing officers appointed by the State Superintendent of Education shall serve an initial term of one year, subject to any earlier permissible termination by the State Board of Education. (f) The State Board of Education shall, through a competitive application process, enter into a contract with an outside entity to establish and conduct mandatory training programs for hearing officers. The State Board of Education shall also, through a competitive application process, enter into a contract with an outside entity, other than the entity providing mandatory training, to conduct an annual evaluation of each hearing officer and to investigate complaints against hearing officers, in accordance with procedures established by the State Board of Education in consultation with the Screening Committee. The invitation for applications shall set forth minimum qualifications for eligible applicants. Each contract under this subsection (f) may be renewed on an annual basis, subject to appropriation. The State Board of Education shall conduct a new competitive application process at least once every 3 years after the initial contract is granted. The Screening Committee shall review the training proposals and evaluation and investigation proposals and forward them, with recommendations in rank order, to the State Board of Education. (g) The evaluation and investigation entity described in subsection (f) of this Section shall conduct an annual written evaluation of each hearing officer and provide the evaluation to the Screening Committee for its consideration in the reappointment process. The evaluation shall include a review of written decisions and any communications regarding a hearing officer's conduct and performance by participants in impartial due process hearings and their representatives. Each hearing officer shall be provided with a copy of his or her written evaluation report and shall have an opportunity, within 30 days after receipt, to review the evaluation with the evaluation and investigation entity and submit written comments. The annual evaluation of each hearing officer, along with the hearing officer's written comments, if any, shall be submitted to the Screening Committee for consideration no later than April 1 of each calendar year. The Screening Committee, based on objective criteria and any evaluation reports prepared by the training entity, shall, on an annual basis, recommend whether the hearing officer should be reappointed for a one-year term and shall forward its recommendations to the Advisory Council on Education of Children with Disabilities. The Advisory Council shall go into executive session and shall review the recommendations of the Screening Committee for the purpose of either ratifying or rejecting the recommendations of the Screening Committee. The Advisory Council shall then forward its list of ratified and rejected appointees to the State Superintendent of Education, who shall determine the final selection of hearing officers for reappointment. Each reappointed hearing officer shall serve a term of one year, subject to any earlier permissible termination by the State Board of Education. (h) Hearing officers shall receive a base annual stipend and per diem allowance for each hearing at a rate established by the State Board of Education.
The State Board of Education shall provide hearing officers with access to relevant court decisions, impartial hearing officer decisions with child-specific identifying information deleted, statutory and regulatory changes, and federal regulatory interpretations. The State Board of Education shall index and maintain a reporting system of impartial due process hearing decisions and shall make these decisions available for review by the public after deleting child-specific identifying information. (i) A hearing officer may be terminated by the State Board of Education for just cause if, after written notice is provided to the hearing officer, appropriate timely corrective action is not taken. For purposes of this subsection (i), just cause shall be (1) the failure or refusal to accept assigned cases without good cause; (2) the failure or refusal to fulfill his or her duties as a hearing officer in a timely manner; (3) consistent disregard for applicable laws and rules in the conduct of hearings; (4) consistent failure to conduct himself or herself in a patient, dignified, and courteous manner to parties, witnesses, counsel, and other participants in hearings; (5) the failure to accord parties or their representatives a full and fair opportunity to be heard in matters coming before him or her; (6) violating applicable laws regarding privacy and confidentiality of records or information; (7) manifesting, by words or conduct, bias or prejudice based upon race, sex, religion, disability, or national origin; (8) failure to recuse himself or herself from a hearing in which he or she has a personal, professional, or financial conflict of interest that he or she knew or should have known existed at any time prior to or during the hearing; (9) conviction in any jurisdiction of any felony or of a misdemeanor involving moral turpitude; or (10) falsification of a material fact on his or her application to serve as a hearing officer. In addition, a hearing officer who, as a result of events occurring after appointment, no longer meets the minimum requirements set forth in this Section, shall be disqualified to complete the balance of his or her term.
(Source: P.A. 94-1100, eff. 2-2-07.) |
(105 ILCS 5/14-8.02d)
Sec. 14-8.02d. Evaluation of due process hearing system. The State Board of Education shall monitor, review, and evaluate the impartial due process hearing system on a regular basis by a process that includes a review of written decisions and evaluations by participants in impartial due process hearings and their representatives. The State Board of Education shall annually post to its website by August 1 data on the performance of the due process hearing system, including data on timeliness of hearings and an analysis of the issues and disability categories underlying hearing requests.
(Source: P.A. 102-894, eff. 5-20-22.) |
(105 ILCS 5/14-8.02e) Sec. 14-8.02e. State complaint procedures. (a) The State Board of Education shall adopt State complaint procedures, consistent with Sections 300.151, 300.152, and 300.153 of Title 34 of the Code of Federal Regulations. The State Board of Education, by rule, shall establish State complaint procedures consistent with this Section. A school district or other public entity shall be required to submit a written response to a complaint within the time prescribed by the State Board of Education following receipt of the complaint. A copy of the response and all documentation submitted by the respondent to the State Board of Education, including corrective action compliance documentation, must be simultaneously provided by the respondent to the complainant or to the attorney for the complainant. If the complaint was filed by an individual other than a parent of a child who is the subject of the complaint (or the child if the child has reached majority or is emancipated and has assumed responsibility for his or her own educational decisions) and the complaint is about a specific identifiable child or children, then appropriate written signed releases must be obtained prior to the release of any documentation or information to the complainant or the attorney representing the complainant. (b) For a complaint made under procedures authorized under this Section alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by a school district organized under Article 34 as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the complaint must be filed on or before September 30, 2022. This filing deadline must be included in the written notification sent by the school district under subsection (b) of Section 14-8.02g.
(Source: P.A. 101-507, eff. 8-23-19; 102-429, eff. 8-20-21.) |
(105 ILCS 5/14-8.02f) Sec. 14-8.02f. Individualized education program meeting protections. (a) (Blank). (b) This subsection (b) applies only to a school district organized under Article 34. No later than 10 calendar days prior to a child's individualized education program meeting or as soon as possible if a meeting is scheduled within 10 calendar days with written parental consent, the school board or school personnel must provide the child's parent or guardian with a written notification of the services that require a specific data collection procedure from the school district for services related to the child's individualized education program. The notification must indicate, with a checkbox, whether specific data has been collected for the child's individualized education program services. For purposes of this subsection (b), individualized education program services must include, but are not limited to, paraprofessional support, an extended school year, transportation, therapeutic day school, and services for specific learning disabilities. (c) Beginning on July 1, 2020, no later than 3 school days prior to a meeting to determine a child's eligibility for special education and related services or to review a child's individualized education program, or as soon as possible if an individualized education program meeting is scheduled within 3 school days with the written consent of the child's parent or guardian, the local education agency must provide the child's parent or guardian copies of all written material that will be considered by the individualized education program team at the meeting so that the parent or guardian may participate in the meeting as a fully-informed team member. The parent or guardian shall have the option of choosing from the available methods of delivery, which must include regular mail and picking up the materials at school. For a meeting to determine the child's eligibility for special education, the written material must include all evaluations and collected data that will be considered at the meeting. For a child who is already eligible for special education and related services, the written material must include a copy of all individualized education program components that will be discussed by the individualized education program team, other than the components related to the educational and related service minutes proposed for the child and the child's placement. Parents shall also be informed of their right to review and copy their child's school student records prior to any special education eligibility or individualized education program review meeting, subject to the requirements of applicable federal and State law. (d) Local education agencies must make logs that record the delivery of related services administered under the child's individualized education program and the minutes of each type of related service that has been administered available to the child's parent or guardian at any time upon request of the child's parent or guardian. For purposes of this subsection (d), related services for which a log must be made are: speech and language services, occupational therapy services, physical therapy services, school social work services, school counseling services, school psychology services, and school nursing services. The local education agency must inform the child's parent or guardian within 20 school days from the beginning of the school year or upon establishment of an individualized education program of his or her ability to request those related service logs. (d-5) If, at a meeting to develop or revise a child's individualized education program, the individualized education program team determines that a certain service is required in order for the child to receive a free, appropriate public education and that service is not implemented within 10 school days after the service was to be initiated as set forth by the child's individualized education program, then the local education agency shall provide the child's parent or guardian with written notification that the service has not yet been implemented. The notification must be provided to the child's parent or guardian within 3 school days of the local education agency's non-compliance with the child's individualized education program and must inform the parent or guardian about the school district's procedures for requesting compensatory services. In this subsection (d-5), "school days" does not include days where a child is absent from school for reasons unrelated to a lack of individualized education program services or when the service is available, but the child is unavailable. (e) The State Board of Education may create a telephone hotline to address complaints regarding the special education services or lack of special education services of a school district subject to this Section. If a hotline is created, it must be available to all students enrolled in the school district, parents or guardians of those students, and school personnel. If a hotline is created, any complaints received through the hotline must be registered and recorded with the State Board's monitor of special education policies. No student, parent or guardian, or member of school personnel may be retaliated against for submitting a complaint through a telephone hotline created by the State Board under this subsection (e). (f) A school district subject to this Section may not use any measure that would prevent or delay an individualized education program team from adding a service to the program or create a time restriction in which a service is prohibited from being added to the program. The school district may not build functions into its computer software that would remove any services from a student's individualized education program without the approval of the program team and may not prohibit the program team from adding a service to the program.
(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19; 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.) |
(105 ILCS 5/14-8.02g) Sec. 14-8.02g. Written notification required for delays and denials of special education services. (a) This Section applies only to a school district organized under Article 34. (b) With respect to a student enrolled in the school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a separate written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under Section 14-8.02e, State-sponsored mediation, or an impartial due process hearing under Section 14-8.02a. The written notification must include contact information for the State Board of Education, a list of organizations that provide free or low-cost legal services, advocacy, and advice on special education matters, and the filing deadline under subsection (b) of Section 14-8.02e. The written notification must be posted on the home page of the school district's public website and must, at least once, be included with any written informational materials for parents sent home with the student.
(Source: P.A. 101-507, eff. 8-23-19.) |
(105 ILCS 5/14-8.02h) Sec. 14-8.02h. Response to scientific, research-based intervention. (a) In this Section, "response to scientific, research-based intervention" or "multi-tiered system of support" means a tiered process of appropriate instruction and support that utilizes differentiated instructional strategies for students, provides students with an evidence-based curriculum and interventions aligned with State standards, continuously monitors student performance using scientific, research-based progress monitoring instruments, and makes data-driven educational decisions based on a student's response to the interventions. Response to scientific, research-based intervention or a multi-tiered system of support uses a problem-solving method to define the problem, analyzes the problem using data to determine why there is a discrepancy between what is expected and what is occurring, establishes one or more student performance goals, develops an intervention plan to address the performance goals, and delineates how the student's progress will be monitored and how implementation integrity will be ensured. (b) (Blank). (c) The response to scientific, research-based intervention or a multi-tiered system of support process should use a collaborative team approach and include the engagement of and regular communication with the child's parent or guardian. The parent or guardian of a child shall be provided with written notice of the school district's use of scientific, research-based intervention or a multi-tiered system of support for the child and may be part of the collaborative team approach at the discretion of the school district. The parent or guardian shall be provided all data collected and reviewed by the school district with regard to the child in the scientific, research-based intervention or multi-tiered system of support process. The State Board of Education may provide guidance to school districts and identify available resources related to facilitating parent or guardian engagement in the response to scientific, research-based intervention or a multi-tiered system of support process. (d) Nothing in this Section affects the responsibility of a school district to identify, locate, and evaluate children with disabilities who are in need of special education services in accordance with the federal Individuals with Disabilities Education Act, this Code, or any applicable federal or State rules.
(Source: P.A. 101-515, eff. 8-23-19; 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.) |
(105 ILCS 5/14-8.02i) Sec. 14-8.02i. ABLE account program information. Beginning with the 2023-2024 school year, a school district shall provide informational material about the Achieving a Better Life Experience (ABLE) account program established under Section 16.6 of the State Treasurer Act to the parent or guardian of a student at the student's annual individualized education program (IEP) review meeting, whether the annual review meeting is held in person, convened remotely, or convened in any other manner. The Office of the State Treasurer shall prepare and deliver the informational material to the State Board of Education, and the State Board of Education shall distribute the informational material to school districts. A school may transmit the informational material to a parent or guardian in the same manner as other documents and information related to an IEP meeting are provided to the parent or guardian.
(Source: P.A. 102-841, eff. 5-13-22.) |
(105 ILCS 5/14-8.03) (from Ch. 122, par. 14-8.03)
Sec. 14-8.03. Transition services.
(a) For purposes of this Section: "Independent living skills" may include, without limitation, personal hygiene, health care, fitness, food preparation and nutrition, home management and safety, dressing and clothing care, financial management and wellness, self-esteem, self-advocacy, self-determination, community living, housing options, public safety, leisure and recreation, and transportation. "Transition services" means a coordinated set of activities for a child with a disability that (i) is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, which may include for-credit courses, career and technical education, and non-credit courses and instruction, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (ii) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and (iii) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills, benefits counseling and planning, work incentives education, and the provision of a functional vocational evaluation. Transition services for a child with a disability may be special education, if provided as specially designed instruction, or a related service if required to assist a child with a disability to benefit from special education. (a-5) Beginning no later than the first individualized education plan (IEP) in effect when the student turns age 14 1/2 (or younger if determined appropriate by the IEP Team) and updated annually thereafter, the IEP must include (i) measurable post-secondary goals based upon age-appropriate transition assessments and other information available regarding the student that are related to training, education, employment, and independent living skills and (ii) the transition services needed to assist the student in reaching those goals, including courses of study.
As a component of transition planning, the school district shall provide the student and the parent or guardian of the student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities. The CTE information shall include a list of programming options, the scope and sequence of study for pursuing those options, and the locations of those options. A student in high school with an IEP may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals. The student and the parent or guardian of the student shall be provided with information about dual credit courses offered by the school district. The information shall include courses offered by the school district for dual credit under Section 16 of the Dual Credit Quality Act and courses in which the student may enroll for high school credit only under Section 16.5 of the Dual Credit Quality Act. The information shall include the criteria for entry into any dual credit course in which the student or the parent or guardian of the student indicates interest. If the student is enrolled in a dual credit course for dual credit or for high school credit only, the student's participation in the course shall be included as part of the student's transition IEP activities. (b) Transition planning must be conducted as part of the IEP process and must be governed by the procedures applicable to the development, review, and revision of the IEP, including notices to the parents and student, parent and student participation, and annual review. To appropriately assess and develop IEP transition goals and transition services for a child with a disability,
additional participants may be
necessary
and may be invited by the school district, parent, or student to participate in the transition planning process.
Additional participants
may include without limitation a
representative from the Department of Human Services or another State agency,
a case coordinator, or persons representing other public or community agencies or
services, such as adult service providers, disability services coordinators of public community colleges, and a CTE coordinator. The IEP shall identify
each person
responsible for coordinating and
delivering transition services. If the IEP team determines that the student requires transition services from a public or private entity outside of the school district, the IEP team shall identify potential outside resources, assign one or more IEP team members to contact the appropriate outside entities, make the necessary referrals, provide any information and documents necessary to complete the referral, follow up with the entity to ensure that the student has been successfully linked to the entity, and monitor the student's progress to determine if the student's IEP transition goals and benchmarks are being met. The student's IEP shall indicate one or more specific time periods during the school year when the IEP team shall review the services provided by the outside entity and the student's progress in such activities. The public school's responsibility for
delivering educational services does not extend beyond the time the student
leaves school or when the student's eligibility ends due to age under this Article.
(c) A school district shall submit annually a summary of each eligible
student's IEP transition goals and transition services resulting from the IEP Team
meeting to the appropriate local Transition Planning Committee. If
students with disabilities who are ineligible for special education services
request transition services, local public school districts shall assist those
students by identifying post-secondary school goals, delivering appropriate
education services, and coordinating with other agencies and services for
assistance.
(Source: P.A. 102-516, eff. 8-20-21; 103-181, eff. 6-30-23.)
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(105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
Sec. 14-8.04. Supported employment. The school board that is the
governing body of any secondary school in this State that provides special
education services and facilities for children with
disabilities shall include,
as part of preparing the transition planning for children with disabilities who are
16 years of age or more, consideration of a supported employment component
with experiences in integrated community settings for those eligible children
with disabilities who have been determined at an
IEP meeting to be in
need of participation in the supported employment services offered pursuant
to this Section.
Supported employment services made available as part of transition
planning under this Section shall be designed and developed for school
boards by the State Board of Education, in consultation with programs such
as Project CHOICES (Children Have Opportunities In Integrated Community
Environments), parents and advocates of children with disabilities, and the
Departments of Central Management Services and Human
Services.
(Source: P.A. 98-44, eff. 6-28-13; 99-143, eff. 7-27-15.)
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(105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
Sec. 14-8.05.
Behavioral intervention.
(a) The General Assembly finds and declares that principals and teachers
of students with disabilities require training and guidance that provide
ways for working successfully with children who have difficulties
conforming to acceptable behavioral patterns in order to provide an
environment in which learning can occur. It is the intent of the General
Assembly:
(1) That when behavioral interventions are used, they | ||
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(2) That behavioral management plans be developed and | ||
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(3) That a statewide study be conducted of the use of | ||
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(4) That training programs be developed and | ||
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(b) On or before September 30, 1993, the State Superintendent of Education
shall conduct a statewide study of the use of behavioral interventions with
students with disabilities receiving special education and related
services. The study shall include, but not necessarily be limited to
identification of the frequency in the use of behavioral interventions; the
number of districts with policies in place for working with children
exhibiting continuous serious behavioral problems; how policies, rules, or
regulations within districts differ between emergency and routine
behavioral interventions commonly practiced; the nature and extent of costs
for training provided to personnel for implementing a program of
nonaversive behavioral interventions; and the nature and extent of costs
for training provided to parents of students with disabilities who would
be receiving behavioral interventions. The scope of the study shall be
developed by the State Board of Education, in consultation with individuals and
groups representing parents, teachers, administrators, and advocates. On or
before June 30, 1994, the State Board of Education shall issue guidelines based
on the study's findings. The guidelines shall address, but not be limited to,
the following: (i) appropriate behavioral interventions, and (ii) how to
properly document the need for and use of behavioral interventions in the
process of developing individualized education plans for students with
disabilities. The guidelines shall be used as a reference to assist school
boards in developing local policies and procedures in accordance with this
Section. The State Board of Education, with the advice of parents of students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities, shall review its behavioral intervention guidelines at least once
every 3 years to determine their continuing appropriateness and effectiveness
and shall make such modifications in the guidelines as it deems necessary.
(c) Each school board must establish and maintain a committee to develop
policies and procedures on the use of behavioral interventions for students
with disabilities who require behavioral intervention. The policies and
procedures shall be adopted and implemented by school boards by January 1,
1996, shall be amended as necessary to comply with the rules established by
the State Board of Education under Section 2-3.130 of this Code
not later than one month after commencement of the school year after the State
Board of Education's rules are adopted,
and shall: (i) be developed with the advice of parents with students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities; (ii) emphasize positive interventions that are designed to
develop and strengthen desirable behaviors; (iii) incorporate procedures and
methods consistent with generally accepted practice in the field of behavioral
intervention; (iv) include criteria for determining when a student with
disabilities may require a behavioral intervention plan; (v) reflect that the
guidelines of the State Board of Education have been reviewed and considered
and provide the address of the State Board of Education so that copies of the
State Board of Education behavioral guidelines may be requested; and (vi)
include procedures for monitoring the use of restrictive behavioral
interventions. Each school board shall (i) furnish a copy of its local
policies and procedures to parents and guardians of all students with
individualized education plans within 15 days after the policies and procedures
have been adopted by the school board, or within 15 days after the school board
has amended its policies and procedures, or at the time an individualized
education plan is first implemented for the student, and (ii) require that each
school inform its students of the existence of the policies and procedures
annually. Provided, at the annual individualized education plan review, the
school board shall (1) explain the local policies and procedures, (2) furnish a
copy of the local policies to parents and guardians, and (3) make available,
upon request of any parents and guardians, a copy of local procedures.
(d) The State Superintendent of Education shall consult with representatives
of institutions of higher education and the State Teacher Certification Board
in regard to the current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral interventions
consistent with professionally accepted practices and standards for people
entering the field of education.
(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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(105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)
Sec. 14-9.01. Qualifications of teachers, other professional personnel
and necessary workers. No person shall be employed to teach any class or
program authorized by this Article who does not hold a valid teacher's
license as provided by law and unless he has had such special training
as the State Board of Education may require. No special license or
endorsement to a special license issued under Section 21B-30 of this Code shall be valid for teaching students with visual
disabilities unless the person to whom the license or endorsement is issued
has attained satisfactory performance on an examination that is designed to
assess competency in Braille reading and writing skills according to standards
that the State Board of Education may adopt. Evidence of successfully
completing the examination of Braille reading and writing skills must be
submitted to the State Board of Education prior to an applicant's taking
of the content area test required under Section 21B-30 of this Code. In addition to other requirements, a candidate for a teaching
license in the area of the deaf and hard of hearing granted by the
Illinois State Board of Education for teaching deaf and hard of hearing
students in grades pre-school through grade 12 must demonstrate a minimum
proficiency in sign language as determined by the Illinois State Board of
Education. All other professional personnel employed in any class, service,
or program authorized by this Article shall hold such licenses and shall
have had such special training as the State Board of Education may require;
provided that in a school district organized under Article 34, the school
district may employ speech and language pathologists who are licensed under the
Illinois Speech-Language Pathology and Audiology Practice Act but who do not
hold a license issued under this Code if the district certifies that
a chronic shortage of licensed personnel exists. Nothing contained in this
Act prohibits the school board from employing necessary workers to assist the
teacher with the special educational facilities, except that all such necessary
workers must have had such training as the State Board of Education may
require.
The State Board of Education shall develop,
in consultation with the Advisory Council on the Education of Children with
Disabilities and the Advisory Council on Bilingual Education, rules governing
the qualifications for licensure of teachers and school service personnel
providing services to English learners receiving special
education and related services.
The employment of any teacher in a special education program provided
for in Sections 14-1.01 to 14-14.01, inclusive, shall be subject to
the provisions of Sections 24-11 to 24-16, inclusive. Any teacher
employed in a special education program, prior to the effective date of
this amendatory Act of 1987, in which 2 or more districts
participate shall enter upon contractual continued service in each of
the participating districts subject to the provisions of Sections 24-11
to 24-16, inclusive.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/14-10.01) (from Ch. 122, par. 14-10.01)
Sec. 14-10.01.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
Sec. 14-11.01. Educational materials coordinating
unit. The State Board
of Education shall maintain or contract for an educational materials
coordinating
unit for children with disabilities to provide:
(1) Staff and resources for the coordination, | ||
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(2) Staff and resources of an instructional materials | ||
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The educational materials coordinating unit shall have as its major purpose
the improvement of instructional programs for children with
disabilities and the
in-service training of all professional personnel associated with programs
of special education and to these ends is authorized to operate under rules
and regulations of the State Board of Education with the advice of the Advisory
Council.
(Source: P.A. 99-143, eff. 7-27-15.)
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(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)
Sec. 14-11.02.
Notwithstanding any other Sections of this Article, the
State Board of Education shall develop and operate or contract for the
operation of a service center for persons who are deaf-blind. For the
purpose of this Section, persons with deaf-blindness are persons who have
both auditory and visual impairments, the combination of which causes such
severe communication and other developmental, educational, vocational and
rehabilitation problems that such persons cannot be properly accommodated
in special education or vocational rehabilitation programs solely for
persons with both hearing and visual disabilities.
To be eligible for deaf-blind services, a person must have (i) a visual
impairment and an auditory impairment, or (ii) a condition in which there
is a progressive loss of hearing or vision or both that results in
concomitant vision and hearing impairments and that adversely affects
educational performance as determined by the multidisciplinary conference.
For purposes of this paragraph and Section:
(A) A visual impairment is defined to mean one or | ||
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(B) An auditory impairment is defined to mean one or | ||
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The State Board of Education is empowered to establish, maintain
and operate or contract for the operation of a permanent state-wide
service center known as the Philip J. Rock Center and School. The School
serves eligible children between the ages of 3 and 21; the Center serves
eligible persons of all ages. Services provided by the Center
include, but are not limited to:
(1) Identifying and case management of persons who | ||
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(2) Providing families with appropriate counseling;
(3) Referring persons who are deaf-blind to | ||
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(4) Referring persons who are deaf-blind to | ||
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(5) Developing and expanding services throughout the | ||
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(6) Maintaining a residential-educational training | ||
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(7) Receiving, dispensing, and monitoring State and | ||
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(8) Coordinating services to persons who are | ||
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(9) Entering into contracts with other agencies to | ||
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(10) Operating on a no-reject basis. Any individual | ||
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(11) Serving as the referral clearinghouse for all | ||
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(12) Providing transition services for students of | ||
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The Advisory Board for Services for Persons who are Deaf-Blind shall
provide advice to the State Superintendent of Education, the Governor, and
the General Assembly on all matters pertaining to policy concerning persons
who are deaf-blind, including the implementation of legislation enacted on
their behalf.
Regarding the maintenance, operation and education functions of the
Philip J. Rock Center and School, the Advisory Board shall also make
recommendations pertaining to but not limited to the following matters:
(1) Existing and proposed programs of all State | ||
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(2) The State program and financial plan for | ||
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(3) Standards for services in facilities serving | ||
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(4) Standards and rates for State payments for any | ||
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(5) Services and research activities in the field of | ||
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(6) Planning for personnel/preparation, both | ||
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The Advisory Board shall consist of 3 persons appointed by the Governor; 2
persons appointed by the State Superintendent of Education; 4 persons
appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children
and Family Services. The 3 appointments of the Governor shall consist
of a senior citizen 60 years of age or older, a consumer who is deaf-blind,
and a parent of a person who is deaf-blind; provided that if any
gubernatorial appointee serving on the Advisory Board on the effective date
of this amendatory Act of 1991 is not either a senior citizen 60 years of
age or older or a consumer who is deaf-blind or a parent of a person who is
deaf-blind, then whenever that appointee's term of office expires or a
vacancy in that appointee's office sooner occurs, the Governor shall make
the appointment to fill that office or vacancy in a manner that will
result, at the earliest possible time, in the Governor's appointments to
the Advisory Board being comprised of one senior citizen 60 years of age or
older, one consumer who is deaf-blind, and one parent of a person who is
deaf-blind. One person designated by each agency other than the Department
of Human Services may be an employee of that agency. Two persons
appointed by the Secretary of Human Services may be employees of the Department
of Human Services. The appointments
of each appointing authority other than the
Governor shall include at least one parent of an individual who is
deaf-blind or a person who is deaf-blind.
Vacancies in terms shall be filled by the original appointing authority.
After the original terms, all terms shall be for 3 years.
Except for those members of the Advisory Board who are compensated
for State service on a full-time basis, members shall be reimbursed for
all actual expenses incurred in the performance of their duties. Each
member who is not compensated for State service on a full-time basis
shall be compensated at a rate of $50 per day which he spends on Advisory
Board duties. The Advisory Board shall meet at least 4 times per year and
not more than 12 times per year.
The Advisory Board shall provide for its own organization.
Six members of the Advisory Board shall constitute a quorum. The
affirmative vote of a majority of all members of the Advisory Board
shall be necessary for any action taken by the Advisory Board.
(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; 89-507, eff.
7-1-97.)
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(105 ILCS 5/14-11.03) (from Ch. 122, par. 14-11.03)
Sec. 14-11.03.
Illinois Service Resource Center.
The State Board of
Education shall maintain, subject to appropriations for
such purpose,
the Service
Resource Center for children and adolescents through the age of 21 who are
deaf or hard-of-hearing and have an emotional or behavioral
disorder. For the purpose of this Section,
"children and adolescents who are deaf or hard-of-hearing and have an
emotional or behavioral disorder"
have an auditory impairment that is serious enough to warrant an array of
special services and special education programs in order to assist both
educationally and socially and the behavior is seriously disruptive and
unacceptable to peers, educational staff, and persons in the community, or
presents a danger to self or others.
The State Board shall operate or contract for
the
operation of the Illinois Service Resource Center for
children and adolescents through the age of 21 who are deaf or hard-of-hearing
and have an emotional or behavioral
disorder. The Illinois Service Resource Center shall function as the initial point of contact for students,
parents, and professionals. All existing and future services shall be
coordinated through the Center.
The Illinois Service Resource Center shall:
(a) Develop and maintain a directory of public and private resources,
including crisis intervention.
(b) Establish and maintain a Statewide identification and tracking system.
(c) Develop, obtain, and assure the consistency of screening instruments.
(d) Perform case coordination, referral, and consultation services.
(e) Provide technical assistance and training for existing programs and
providers.
(f) Track the allocation and expenditure of State and federal funds.
(g) Monitor, evaluate, and assess Statewide resources, identification of
services gaps, and the development and delivery of services.
(h) Identify by geographical areas the need for establishing evaluation and
crisis intervention services and establish a pilot in downstate Illinois. The
Service Resource Center shall provide for the coordination of services for
children who are deaf or hard-of-hearing and have an emotional or behavioral
disorder throughout the
State
and shall pilot a service delivery model to identify the capacity and need for
comprehensive evaluation, crisis management, stabilization, referral,
transition, family intervention, and follow-up services.
(i) Integrate the recommendations of the Interagency Board for Children who are Deaf or Hard-of-Hearing and
have an Emotional or Behavioral Disorder regarding policies affecting
children who are
deaf or hard-of-hearing and have an emotional or behavioral
disorder.
(j) Provide limited direct services as required.
The Center, if established, shall operate on a no-reject basis. Any child or
adolescent diagnosed as
deaf or hard-of-hearing and having an emotional or behavioral
disorder under this Act
who is referred to the Center for services shall qualify for services of the
Center. The requirement of the no-reject basis shall be paramount in
negotiating contracts and in supporting other agency services.
(Source: P.A. 88-663, eff. 9-16-94; 89-680, eff. 1-1-97.)
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(105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
Sec. 14-12.01. Account of expenditures - Cost report - Reimbursement. Each school board shall keep an accurate, detailed and separate account
of all monies paid out by it for the maintenance of each of the types of
facilities, classes and schools authorized by this Article for the
instruction and care of pupils attending them and for the cost of their
transportation, and shall annually report thereon indicating the cost of
each such elementary or high school pupil for the school year ending
June 30.
Applications for preapproval for reimbursement for costs of special
education must be first submitted through the office of the regional
superintendent of schools to the State Superintendent of Education on or
before 30 days after a special class or service is started.
Applications shall set forth a plan for special education established
and maintained in accordance with this Article. Such applications shall
be limited to the cost of construction and maintenance of special
education facilities designed and utilized to house instructional
programs, diagnostic services, other special education services for children with disabilities and reimbursement as provided in
Section 14-13.01.
Such application shall not include the cost of construction or
maintenance of any administrative facility separated from special
education facilities designed and utilized to house instructional
programs, diagnostic services, and other special education services for
children with disabilities. Reimbursement claims for
special education shall
be made as follows:
Each district shall file its claim computed in accordance with rules
prescribed by the State Board of Education
for
approval on forms prescribed by the State Superintendent of Education.
Data used as a basis of reimbursement claims shall be for the school
year ended on June 30 preceding. Each school district shall transmit to the State Superintendent of
Education its claims on or before
August 15. The State Superintendent of Education before approving any
such claims shall determine their accuracy and whether they are based
upon services and facilities provided under approved programs. Upon
approval, vouchers for the amounts due the respective districts shall be prepared
and submitted during each fiscal year as follows: the first 3 vouchers
shall be prepared by the State Superintendent of Education and transmitted
to the Comptroller on the 30th day of September, December and March,
respectively, and the final voucher, no later than June 20. If, after
preparation and transmittal of the September 30 vouchers, any claim has
been redetermined by the State Superintendent of Education, subsequent
vouchers shall be adjusted in amount to compensate for any overpayment
or underpayment previously made. If the money appropriated by the General
Assembly for such purpose for any year is insufficient, it shall be
apportioned on the basis of the claims approved.
Claims received at the State Board of Education after August 15 shall
not be honored.
(Source: P.A. 94-1100, eff. 2-2-07.)
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(105 ILCS 5/14-12.02)
Sec. 14-12.02. (Repealed).
(Source: P.A. 85-1150. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
Sec. 14-13.01. Reimbursement payable by State; amounts for personnel and transportation. (a) Through fiscal year 2017, for staff working on behalf of children who have not been identified as eligible for special
education and for eligible children with physical
disabilities, including all
eligible children whose placement has been determined under Section 14-8.02 in
hospital or home instruction, 1/2 of the teacher's salary but not more than
$1,000 annually per child or $9,000 per teacher, whichever is less. (a-5) A child qualifies for home or hospital instruction if it is anticipated that, due to a medical condition, the child will be unable to attend school, and instead must be instructed at home or in the hospital, for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. For purposes of this Section, "ongoing intermittent basis" means that the child's medical condition is of such a nature or severity that it is anticipated that the child will be absent from school due to the medical condition for periods of at least 2 days at a time multiple times during the school year totaling at least 10 days or more of absences. There shall be no requirement that a child be absent from school a minimum number of days before the child qualifies for home or hospital instruction. In order to establish eligibility for home or hospital services, a student's parent or guardian must submit to the child's school district of residence a written statement from a physician licensed to practice medicine in all of its branches, a licensed physician assistant, or a licensed advanced practice registered nurse stating the existence of such medical condition, the impact on the child's ability to participate in education, and the anticipated duration or nature of the child's absence from school. Home or hospital instruction may commence upon receipt of a written physician's, physician assistant's, or advanced practice registered nurse's statement in accordance with this Section, but instruction shall commence not later than 5 school days after the school district receives the physician's, physician assistant's, or advanced practice registered nurse's statement. Special education and related services required by the child's IEP or services and accommodations required by the child's federal Section 504 plan must be implemented as part of the child's home or hospital instruction, unless the IEP team or federal Section 504 plan team determines that modifications are necessary during the home or hospital instruction due to the child's condition. (a-10) Through fiscal year 2017, eligible children
to be included in any reimbursement under this paragraph must regularly
receive a minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school week in
order to qualify for full reimbursement under this Section. If the
attending physician, physician assistant, or advanced practice registered nurse for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week, however,
reimbursement under this paragraph on account of that child shall be
computed proportionate to the actual hours of instruction per week for
that child divided by 5. (a-15) The State Board of Education shall establish rules governing the required qualifications of staff providing home or hospital instruction.
(b) For children described in Section 14-1.02, 80% of the cost of
transportation approved as a related service in the Individualized Education Program for each student
in order to take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as provided
in Section 29-5 of this Code. For purposes of this subsection (b), the dates for
processing claims specified in Section 29-5 shall apply.
(c) Through fiscal year 2017, for each qualified worker, the annual sum of
$9,000.
(d) Through fiscal year 2017, for one full-time qualified director of the special education
program of each school district which maintains a fully approved program
of special education, the annual sum of $9,000. Districts participating in a joint agreement special
education program shall not receive such reimbursement if reimbursement is made
for a director of the joint agreement program.
(e) (Blank).
(f) (Blank).
(g) Through fiscal year 2017, for readers working with blind or partially seeing children, 1/2
of their salary but not more than $400 annually per child. Readers may
be employed to assist such children and shall not be required to be
certified but prior to employment shall meet standards set up by the
State Board of Education.
(h) Through fiscal year 2017, for non-certified employees, as defined by rules promulgated by the State Board of Education, who deliver services to students with IEPs, 1/2 of the salary paid or
$3,500 per employee, whichever is less.
(i) The State Board of Education shall set standards and prescribe rules
for determining the allocation of reimbursement under this section on
less than a full time basis and for less than a school year.
When any school district eligible for reimbursement under this
Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of the
adopted school calendar but not to exceed 235 school days, such
reimbursement shall be increased by 1/180 of the amount or rate paid
hereunder for each day such school is operated in excess of 180 days per
calendar year.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify all or a portion of the funds that it receives
in a particular fiscal year or from evidence-based funding pursuant to Section 18-8.15
of this Code as
funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or evidence-based funding
to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to personnel reimbursements for special education pupils must be used for special education services authorized under this Code. (Source: P.A. 100-443, eff. 8-25-17; 100-465, eff. 8-31-17; 100-863, eff. 8-14-18.)
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(105 ILCS 5/14-14.01) (from Ch. 122, par. 14-14.01)
Sec. 14-14.01.
Warrants for reimbursement.
The State Comptroller shall draw his warrants on the State Treasurer on
or before September 30 of each year for the respective sums for
reimbursement for special education reported to him on presentation of
vouchers approved by the State Superintendent of Education.
(Source: P.A. 83-729.)
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(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01) Sec. 14-15.01. Community and Residential Services Authority. (a)(1) The Community and Residential Services Authority is hereby created and shall consist of the following members: A representative of the State Board of Education; Four representatives of the Department of Human | ||
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A representative of the Department of Children and | ||
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A representative of the Department of Juvenile | ||
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A representative of the Department of Healthcare and | ||
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A representative of the Attorney General's Disability | ||
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The Chairperson and Minority Spokesperson of the | ||
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Six persons appointed by the Governor. Five of such | ||
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(2) Members appointed by the Governor shall be appointed for terms of 4 years and shall continue to serve until their respective successors are appointed; provided that the terms of the original appointees shall expire on August 1, 1990. Any vacancy in the office of a member appointed by the Governor shall be filled by appointment of the Governor for the remainder of the term. A vacancy in the office of a member appointed by the Governor exists when one or more of the following events occur: (i) An appointee dies; (ii) An appointee files a written resignation with | ||
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(iii) An appointee ceases to be a legal resident of | ||
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(iv) An appointee fails to attend a majority of | ||
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Members who are representatives of an agency shall serve at the will of the agency head. Membership on the Authority shall cease immediately upon cessation of their affiliation with the agency. If such a vacancy occurs, the appropriate agency head shall appoint another person to represent the agency. If a legislative member of the Authority ceases to be Chairperson or Minority Spokesperson of the designated Committees, they shall automatically be replaced on the Authority by the person who assumes the position of Chairperson or Minority Spokesperson. (b) The Community and Residential Services Authority shall have the following powers and duties: (1) Serve as a Parent/Guardian Navigator Assistance | ||
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(2) Work in conjunction with the new Care Portal and | ||
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(3) To develop and submit to the Governor, the | ||
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(4) (Blank). (5) (Blank). (6) (Blank). (7) (Blank). (8) (Blank). (c)(1) The members of the Authority shall receive no compensation for their services but shall be entitled to reimbursement of reasonable expenses incurred while performing their duties. (2) The Authority may appoint special study groups to operate under the direction of the Authority and persons appointed to such groups shall receive only reimbursement of reasonable expenses incurred in the performance of their duties. (3) The Authority shall elect from its membership a chairperson, vice-chairperson and secretary. (4) The Authority may employ and fix the compensation of such employees and technical assistants as it deems necessary to carry out its powers and duties under this Act. Staff assistance for the Authority shall be provided by the State Board of Education. (5) Funds for the ordinary and contingent expenses of the Authority shall be appropriated to the State Board of Education in a separate line item. (d)(1) The Authority shall have power to promulgate rules and regulations to carry out its powers and duties under this Act. (2) The Authority may accept monetary gifts or grants from the federal government or any agency thereof, from any charitable foundation or professional association or from any other reputable source for implementation of any program necessary or desirable to the carrying out of the general purposes of the Authority. Such gifts and grants may be held in trust by the Authority and expended in the exercise of its powers and performance of its duties as prescribed by law. (3) The Authority shall submit an annual report of its activities and expenditures to the Governor, the General Assembly, the directors of agencies represented on the Authority, and the State Superintendent of Education, due January 1 of each year. (e) The Executive Director of the Authority or his or her designee shall be added as a participant on the Interagency Clinical Team established in the intergovernmental agreement among the Department of Healthcare and Family Services, the Department of Children and Family Services, the Department of Human Services, the State Board of Education, the Department of Juvenile Justice, and the Department of Public Health, with consent of the youth or the youth's guardian or family pursuant to the Custody Relinquishment Prevention Act. (Source: P.A. 102-43, eff. 7-6-21; 103-546, eff. 8-11-23.) |
(105 ILCS 5/14-16) Sec. 14-16. Participation in graduation ceremony.
(a) This Section may be referred to as Brittany's Law. The General Assembly finds the following: (1) Each year, school districts across this State | ||
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(2) There are children with disabilities in this | ||
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(3) It is well-established that the awarding of a | ||
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(4) Many children with disabilities who will | ||
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(5) The opportunity for classmates with disabilities | ||
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(b) Beginning March 1, 2005, each school district that operates a high school must have a policy and procedures that allow a child with a disability who will have completed 4 years of high school at the end of a school year to participate in the graduation ceremony of the student's high school graduating class and receive a certificate of completion if the student's individualized education program prescribes special education, transition planning, transition services, or related services beyond the student's 4 years of high school. The policy and procedures must require timely and meaningful written notice to children with disabilities and their parents or guardians about the school district's policy and procedures adopted in accordance with this Section. (c) The State Board of Education shall monitor and enforce compliance with the provisions of this Section and is authorized to adopt rules for that purpose.
(Source: P.A. 93-1079, eff. 1-21-05.) |
(105 ILCS 5/14-17) Sec. 14-17. (Repealed).
(Source: P.A. 102-894, eff. 5-20-22. Repealed internally, eff. 12-31-22.) |
(105 ILCS 5/14-18)
Sec. 14-18. COVID-19 recovery post-secondary transition recovery eligibility. (a) If a student with an individualized education program (IEP) reaches the age of 22 during the time in which the student's in-person instruction, services, or activities are suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic, the student is eligible for such services up to the end of the regular 2021-2022 school year. (b) This Section does not apply to any student who is no longer a resident of the school district that was responsible for the student's IEP at the time the student reached the student's 22nd birthday. (c) The IEP goals in effect when the student reached the student's 22nd birthday shall be resumed unless there is an agreement that the goals should be revised to appropriately meet the student's current transition needs. (d) If a student was in a private therapeutic day or residential program when the student reached the student's 22nd birthday, the school district is not required to resume that program for the student if the student has aged out of the program or the funding for supporting the student's placement in the facility is no longer available. (e) Within 30 days after July 28, 2021 (the effective date of Public Act 102-173), each school district shall provide notification of the availability of services under this Section to each student covered by this Section by regular mail sent to the last known address of the student or the student's parent or guardian.
(Source: P.A. 102-173, eff. 7-28-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/Art. 14A heading) ARTICLE 14A. GIFTED AND TALENTED CHILDREN AND CHILDREN ELIGIBLE FOR ACCELERATED PLACEMENT
(Source: P.A. 100-421, eff. 7-1-18.) |
(105 ILCS 5/14A-5)
Sec. 14A-5. Applicability. This Article applies beginning with the 2006-2007 school year.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.) |
(105 ILCS 5/14A-10)
Sec. 14A-10. Legislative findings. The General Assembly finds the following: (1) that gifted and talented children (i) exhibit | ||
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(2) that gifted and talented children require | ||
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(3) that outstanding talents are present in children | ||
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(4) that inequitable access to advanced coursework | ||
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(Source: P.A. 101-654, eff. 3-8-21.) |
(105 ILCS 5/14A-15) Sec. 14A-15. Purpose. The purpose of this Article is to provide encouragement, assistance, and guidance to school districts in the development and improvement of educational programs for gifted and talented children and children eligible for accelerated placement as defined in Sections 14A-20 and 14A-17 of this Code. School districts shall continue to have the authority and flexibility to design education programs for gifted and talented children in response to community needs, but these programs must comply with the requirements established in Section 14A-30 of this Code by no later than September 1, 2006 in order to merit approval by the State Board of Education in order to qualify for State funding for the education of gifted and talented children, should such funding become available.
(Source: P.A. 100-421, eff. 7-1-18.) |
(105 ILCS 5/14A-17) Sec. 14A-17. Accelerated placement; advanced academic program. For purposes of this Article, "accelerated placement" means the placement of a child in an educational setting with curriculum that is usually reserved for children who are older or in higher grades than the child. "Accelerated placement" under this Article or other school district-adopted policies shall include, but need not be limited to, the following types of acceleration: early entrance to kindergarten or first grade, accelerating a child in a single subject, and grade acceleration. "Advanced academic program" means a course of study, including, but not limited to, accelerated placement, advanced placement coursework, International Baccalaureate coursework, dual credit, or any course designated as enriched or honors, that a student is enrolled in based on the student's advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace.
(Source: P.A. 103-263, eff. 6-30-23.) |
(105 ILCS 5/14A-20) Sec. 14A-20. Gifted and talented children. For purposes of this Article, "gifted and talented children" means
children and youth with outstanding talent who perform or show the potential for performing at remarkably high levels of accomplishment when compared with other children and youth of their age, experience, and environment. A child shall be considered gifted and talented in any area of aptitude, and, specifically, in language arts and mathematics, by scoring in the top 5% locally in that area of aptitude.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)
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(105 ILCS 5/14A-25) Sec. 14A-25. Non-discrimination. Eligibility for participation in programs established pursuant to this Article shall be determined solely through identification of a child as gifted, talented, or eligible for accelerated placement. No program or placement shall condition participation upon race, religion, sex, disability, or any factor other than the identification of the child as gifted, talented, or eligible for placement.
(Source: P.A. 100-421, eff. 7-1-18.) |
(105 ILCS 5/14A-30) Sec. 14A-30. Funding of local gifted education programs. A local program for the education of gifted and talented children may be approved for funding by the State Board of Education, pursuant to a request for proposals process, if funds for that purpose are available and, beginning with the beginning of the 2010-2011 academic year, if the local program submits an application for funds that includes a comprehensive plan (i) showing that the applicant is capable of meeting a portion of the following requirements, (ii) showing the program elements currently in place and a timeline for implementation of other elements, and (iii) demonstrating to the satisfaction of the State Board of Education that the applicant is capable of implementing a program of gifted education consistent with this Article: (1) The use of assessment instruments, such as | ||
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(2) A priority emphasis on language arts and | ||
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(3) The use of multiple valid assessments that assess | ||
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(4) The use of score ranges on assessments that are | ||
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(5) A process of identification of gifted and | ||
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(6) The use of identification procedures that | ||
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(7) A fair and equitable decision-making process. (8) The availability of a fair and impartial appeal | ||
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(9) Procedures for annually informing the community | ||
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(10) Procedures for notifying parents or guardians of | ||
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(11) A description of how gifted and talented | ||
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(12) An explanation of how the program emphasizes | ||
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(13) A methodology for measuring academic growth for | ||
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(14) The collection of data on growth in learning for | ||
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(15) The designation of a supervisor responsible for | ||
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(16) A showing that the certified teachers who are | ||
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(17) Plans for the continuation of professional | ||
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(Source: P.A. 99-706, eff. 7-29-16.) |
(105 ILCS 5/14A-32) Sec. 14A-32. Accelerated placement; school district responsibilities. (a) Each school district shall have a policy that allows for accelerated placement that includes or incorporates by reference the following components: (1) a provision that provides that participation in | ||
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(2) a fair and equitable decision-making process that | ||
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(3) procedures for notifying parents or guardians of | ||
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(4) an assessment process that includes multiple | ||
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(a-5) By no later than the beginning of the 2023-2024 school year, a school district's accelerated placement policy shall allow for the automatic enrollment, in the following school term, of a student into the next most rigorous level of advanced coursework offered by the high school if the student meets or exceeds State standards in English language arts, mathematics, or science on a State assessment administered under Section 2-3.64a-5 as follows: (1) A student who meets or exceeds State standards in | ||
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(2) A student who meets or exceeds State standards in | ||
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(3) A student who meets or exceeds State standards in | ||
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For a student entering grade 12, the next most rigorous level of advanced coursework in English language arts or mathematics shall be a dual credit course, as defined in the Dual Credit Quality Act, an Advanced Placement course, as defined in Section 10 of the College and Career Success for All Students Act, or an International Baccalaureate course; otherwise, the next most rigorous level of advanced coursework under this subsection (a-5) may include a dual credit course, as defined in the Dual Credit Quality Act, an Advanced Placement course, as defined in Section 10 of the College and Career Success for All Students Act, an International Baccalaureate course, an honors class, an enrichment opportunity, a gifted program, or another program offered by the district. A school district may use the student's most recent State assessment results to determine whether a student meets or exceeds State standards. For a student entering grade 9, results from the State assessment taken in grades 6 through 8 may be used. For other high school grades, the results from a locally selected, nationally normed assessment may be used instead of the State assessment if those results are the most recent. A school district must provide the parent or guardian of a student eligible for automatic enrollment under this subsection (a-5) with the option to instead have the student enroll in alternative coursework that better aligns with the student's postsecondary education or career goals. Nothing in this subsection (a-5) may be interpreted to preclude other students from enrolling in advanced coursework per the policy of a school district. (b) Further, a school district's accelerated placement policy may include or incorporate by reference, but need not be limited to, the following components: (1) procedures for annually informing the community | ||
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(2) a process for referral that allows for multiple | ||
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(3) a provision that provides that children | ||
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(4) procedures to provide support and promote success | ||
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(5) a process for the school district to review and | ||
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(6) procedures to promote equity, which may | ||
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(A) the use of multiple tools to assess | ||
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(B) providing enrichment opportunities starting | ||
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(C) the use of universal screening combined with | ||
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(D) developing a continuum of services to | ||
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(E) providing professional learning in gifted | ||
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(c) The State Board of Education shall adopt rules to determine data to be collected and disaggregated by demographic group regarding accelerated placement, including the rates of students who participate in and successfully complete advanced coursework, and a method of making the information available to the public.
(d) On or before November 1, 2022, following a review of disaggregated data on the participation and successful completion rates of students enrolled in an accelerated placement program, each school district shall develop a plan to expand access to its accelerated placement program and to ensure the teaching capacity necessary to meet the increased demand.(Source: P.A. 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for effective date of P.A. 102-209); 103-263, eff. 6-30-23.) |
(105 ILCS 5/14A-35) Sec. 14A-35. Administrative functions of the State Board of Education for gifted and talented children programs.
(a) The State Board of Education must designate a staff person who shall be in charge of educational programs for gifted and talented children. This staff person shall, at a minimum, (i) be responsible for developing an approval process for educational programs for gifted and talented children by no later than September 1, 2006, (ii) receive and maintain the written descriptions of all programs for gifted and talented children in the State, (iii) collect and maintain the annual growth in learning data submitted by a school, school district, or cooperative of school districts, (iv) identify potential funding sources for the education of gifted and talented children, and (v) serve as the main contact person at the State Board of Education for program supervisors and other school officials, parents, and other stakeholders regarding the education of gifted and talented children. (b) Subject to the availability of funds for these purposes, the State Board of Education may perform a variety of additional administrative functions with respect to the education of gifted and talented children, including, but not limited to, supervision, quality assurance, compliance monitoring, and oversight of local programs, analysis of performance outcome data submitted by local educational agencies, the establishment of personnel standards, and a program of personnel development for teachers and administrative personnel in the education of gifted and talented children.
(Source: P.A. 100-421, eff. 7-1-18.) |
(105 ILCS 5/14A-40) Sec. 14A-40. Advisory Council. There is hereby created an Advisory Council on the Education of Gifted and Talented Children to consist of 7 members appointed by the State Superintendent of Education. Upon initial appointment, 4 members of the Advisory Council shall serve terms through January 1, 2007 and 3 members shall serve terms through January 1, 2009. Thereafter, members shall serve 4-year terms. Upon the expiration of the term of a member, that member shall continue to serve until a replacement is appointed. The Council shall meet at least 3 times each year. The Council shall organize with a chairperson selected by the State Superintendent of Education. Members of the Council shall serve without compensation, but shall be reimbursed for their travel to and from meetings and other reasonable expenses in connection with meetings if approved by the State Board of Education. The State Board of Education shall consider recommendations for membership on the Council from organizations of educators and parents of gifted and talented children and other groups with an interest in the education of gifted and talented children. The members appointed shall be residents of the State and be selected on the basis of their knowledge of, or experience in, programs and problems of the education of gifted and talented children. The State Superintendent of Education shall seek the advice of the Council regarding all rules and policies to be adopted by the State Board relating to the education of gifted and talented children. The staff person designated pursuant to subsection (a) of Section 14A-35 of this Code shall serve as the State Board of Education's liaison to the Council. The State Board of Education shall provide necessary clerical support and assistance in order to facilitate meetings of the Council.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.) |
(105 ILCS 5/14A-45) Sec. 14A-45. Grants for services and materials. Subject to the availability of categorical grant funding or other funding appropriated for such purposes, the State Board of Education shall make grants available to fund educational programs for gifted and talented children. A request-for-proposal process shall be used in awarding grants for services and materials, with carry over to the next fiscal year, under this Section. A proposal may be submitted to the State Board of Education by a school district, 2 or more
cooperating school districts, a county, 2 or more cooperating counties, an established professional organization in gifted education, or a regional office of education. The proposals shall include a statement of the qualifications and duties of the personnel required in the field of diagnostic, counseling, and consultative services and the educational materials necessary. Upon receipt, the State Board of Education shall evaluate the proposals in accordance with criteria developed by the State Board of Education that is consistent with this Article and shall award grants to the extent funding is available. Educational programs for gifted and talented children may be offered during the regular school term and may include optional summer programs. As a condition for State funding, a grantee must comply with the requirements of this Article.
(Source: P.A. 96-1152, eff. 7-21-10.) |
(105 ILCS 5/14A-50)
Sec. 14A-50. Contracts for experimental projects and institutes. Subject to the availability of funds, the State Board of Education shall have the authority to enter into and monitor contracts with school districts, regional offices of education, colleges, universities, and professional organizations for the conduct of experimental projects and institutes, including summer institutes, in the field of education of gifted and talented children as defined in Section 14A-20 of this Code. These projects and institutes shall be established in accordance with rules adopted by the State Board of Education.
Prior to entering into a contract, the State Board of Education shall evaluate the proposal as to the soundness of the design of the project or institute, the probability of obtaining productive outcomes, the adequacy of resources to conduct the proposed project or institute, and the relationship of the project or institute to other projects and institutes already completed or in progress. The contents of these projects and institutes must be designed based on standards adopted by professional organizations for gifted and talented children.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.) |
(105 ILCS 5/14A-55)
Sec. 14A-55. Rulemaking. The State Board of Education shall have the authority to adopt all rules necessary to implement and regulate the provisions of this Article.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05; 95-331, eff. 8-21-07.) |
(105 ILCS 5/Art. 14B heading) ARTICLE 14B.
EDUCATIONALLY DISADVANTAGED CHILDREN
(Repealed)(Source: Repealed by P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/Art. 14C heading) ARTICLE 14C.
TRANSITIONAL BILINGUAL EDUCATION
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(105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1) Sec. 14C-1. The General Assembly finds that there are large numbers of children in
this State who come from environments where the primary language is other
than English. Experience has shown that public school classes in which
instruction is given only in English are often inadequate for the education
of children whose native tongue is another language. The General Assembly
believes that a program of transitional bilingual education can meet the
needs of these children and facilitate their integration into the regular
public school curriculum. Therefore, pursuant to the policy of this State
to ensure equal educational opportunity to every child, and in recognition
of the educational needs of English learners, it is the purpose of this Act to provide for the establishment of
transitional bilingual education programs in the public schools, to
provide supplemental financial assistance through fiscal year 2017 to help local school districts
meet the extra costs of such programs, and to allow this State through the State Board of Education to directly or indirectly provide technical assistance and professional development to support transitional bilingual education or a transitional program of instruction statewide through contractual services by a not-for-profit entity for technical assistance, professional development, and other support to school districts and educators for services for English learner pupils. In no case may aggregate funding for contractual services by a not-for-profit entity for support to school districts and educators for services for English learner pupils be less than the aggregate amount expended for such purposes in Fiscal Year 2017. Not-for-profit entities providing support to school districts and educators for services for English learner pupils must have experience providing those services in a school district having a population exceeding 500,000; one or more school districts in any of the counties of Lake, McHenry, DuPage, Kane, and Will; and one or more school districts elsewhere in this State. Funding for not-for-profit entities providing support to school districts and educators for services for English learner pupils may be increased subject to an agreement with the State Board of Education. Funding for not-for-profit entities providing support to school districts and educators for services for English learner pupils shall come from funds allocated pursuant to Section 18-8.15 of this Code.(Source: P.A. 99-30, eff. 7-10-15; 100-465, eff. 8-31-17.) |
(105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
Sec. 14C-2. Definitions. Unless the context indicates otherwise, the terms used in this
Article have the following meanings:
(a) "State Board" means the State Board of Education.
(b) "Certification Board" means the State Teacher Certification
Board.
(c) "School District" means any school district established under
this Code.
(d) "English learners" means (1)
all children in grades pre-K through 12 who were not born in the United States, whose native tongue is a
language other than English, and who are incapable of performing ordinary
classwork in English; and (2) all children in grades pre-K through 12 who were born in the United
States of parents possessing no or limited English-speaking ability and
who are incapable of performing ordinary classwork in English.
(e) "Teacher of transitional bilingual education" means a teacher
with a speaking and reading ability in a language other than English in
which transitional bilingual education is offered and with communicative
skills in English.
(f) "Program in transitional bilingual education" means a full-time
program of instruction (1) in all those courses or subjects which a
child is required by law to receive and which are required by the
child's school district, which shall be given in the native language of
English learners who are enrolled in the
program and also in English, (2) in the reading and writing of the
native language of English learners who
are enrolled in the program and in the oral language (listening and speaking),
reading, and writing of English, and (3) in the history and culture of
the country, territory, or geographic area which is the native land of
the parents of English learners who are
enrolled in the program and in the history and culture of the United
States; or a part-time program of instruction based on the educational
needs of those English learners who do not
need a full-time program of instruction.
(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)
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(105 ILCS 5/14C-2.1)
Sec. 14C-2.1. (Repealed).
(Source: P.A. 78-727. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)
Sec. 14C-3. Language classification of children; establishment of
program; period of participation; examination.
Each school district shall ascertain, not later than the first day of
March, under regulations prescribed by the State Board, the
number of English learners within the school
district, and shall classify them according to the language of which
they possess a primary speaking ability, and their grade level, age or
achievement level.
When, at the beginning of any school year, there is within an
attendance center of a school district, not including children who are
enrolled in existing private school systems, 20 or more English learners in any such language classification,
the school district shall establish, for each classification, a program
in transitional bilingual education for the children therein. A school
district may establish a program in transitional
bilingual education with respect to any classification with less than 20
children therein, but should a school district decide not to establish
such a program, the school district shall provide a locally determined
transitional program of instruction which, based upon an
individual student language assessment, provides content area instruction
in a language other than English to the extent
necessary to ensure that each student can benefit from educational
instruction and achieve an early and effective transition into the regular
school curriculum.
Every school-age English learner not
enrolled in existing private school systems shall be enrolled and
participate in the program in transitional bilingual education
established for the classification to which he belongs by the school
district in which he resides for a period of 3 years or until such time
as he achieves a level of English language skills which will enable him
to perform successfully in classes in which instruction is given only in
English, whichever shall first occur.
An English learner enrolled in a program in
transitional bilingual education may, in the discretion of the school
district and subject to the approval of the child's parent or legal
guardian, continue in that program for a period longer than 3 years.
An examination in the oral language (listening and speaking), reading, and
writing of English, as prescribed by the State Board, shall
be administered annually to all English learners enrolled and participating in a program in transitional
bilingual education. No school district shall transfer an English learner out of a program in transitional
bilingual education prior to his third year of enrollment therein unless
the parents of the child approve the transfer in writing, and unless the
child has received a score on said examination which, in the
determination of the State Board, reflects a level of
English language skills appropriate to his or her grade level.
If later evidence suggests that a child so transferred is still
disabled by an inadequate command of English, he may be
re-enrolled
in the program for a length of time equal to that which remained at the
time he was transferred.
(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)
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(105 ILCS 5/14C-4) (from Ch. 122, par. 14C-4)
Sec. 14C-4.
Notice of enrollment; content; rights of parents.
No later than 30 days after the beginning of the school year or
14 days after the enrollment of any child in a
program in
transitional bilingual education during the middle of a school year, the
school district in which the child
resides shall notify by mail the parents or legal guardian of the child of
the fact that their child has been enrolled in a program in transitional
bilingual education. The notice shall contain all of the following
information in simple, nontechnical language:
(1) The reasons why the child has been placed in and | ||
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(2) The child's level of English proficiency, how | ||
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(3) The method of instruction used in the program and | ||
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(4) How the program will meet the educational | ||
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(5) How the program will specifically help the child | ||
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(6) The specific exit requirements for the program, | ||
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(7) How the program meets the objectives of the | ||
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(8) The right of the parents to decline to enroll the | ||
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(9) The right of the parents to have the child | ||
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(10) The right of the parents to visit transitional | ||
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The notice shall be in writing in English and in the language of which
the child of the parents so notified possesses a primary speaking ability.
Any parent whose child has been enrolled in a program in transitional
bilingual education shall have the absolute right to immediately withdraw his
child from said program by
providing written
notice of such desire to the school authorities of the school in which his
child is enrolled or to the school district in which his child resides.
(Source: P.A. 92-604, eff. 7-1-02.)
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(105 ILCS 5/14C-5) (from Ch. 122, par. 14C-5)
Sec. 14C-5. Nonresident children; enrollment and tuition; joint programs. A school district may allow a nonresident English learner to enroll in or attend its program in transitional
bilingual education, and the tuition for such a child shall be paid by the
district in which he resides.
Any school district may join with any other school district or districts
to provide the programs in transitional bilingual education required or
permitted by this Article.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/14C-6) (from Ch. 122, par. 14C-6)
Sec. 14C-6.
Placement of children.
Children enrolled in a program of transitional bilingual education
whenever possible shall be placed in classes with children of
approximately the same age and level of educational attainment. If
children of different age groups or educational levels are combined, the
school district so combining shall ensure that the instruction given
each child is appropriate to his or her level of educational attainment
and the school districts shall keep adequate records of the educational
level and progress of each child enrolled in a program. The maximum
student-teacher ratio shall be set by the State Board and
shall reflect the special educational needs of children enrolled in
programs in transitional bilingual education. Programs in transitional
bilingual education shall, whenever feasible, be located in the regular
public schools of the district rather than separate facilities.
(Source: P.A. 81-1508.)
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(105 ILCS 5/14C-7) (from Ch. 122, par. 14C-7)
Sec. 14C-7. Participation in extracurricular activities of public schools. Instruction in courses of subjects included in a program of transitional
bilingual education which are not mandatory may be given in a language
other than English. In those courses or subjects in which verbalization is
not essential to an understanding of the subject matter, including but not
necessarily limited to art, music and physical education, English learners shall participate fully with their
English-speaking contemporaries in the regular public school classes
provided for said subjects. Each school district shall ensure to children
enrolled in a program in transitional bilingual education practical and
meaningful opportunity to participate fully in the extracurricular
activities of the regular public schools in the district.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/14C-8) (from Ch. 122, par. 14C-8)
Sec. 14C-8. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/14C-9) (from Ch. 122, par. 14C-9)
Sec. 14C-9. Tenure; minimum salaries. Any person employed as a teacher of transitional bilingual education
whose teaching certificate was issued pursuant to Section
14C-8 (now repealed) of this Code shall have such employment credited to him or her for the
purposes of determining under the provisions of this Code eligibility to
enter upon contractual continued service; provided that such employment
immediately precedes and is consecutive with the year in which such person
becomes certified under Article 21 of this Code or licensed under Article 21B of this Code.
For the purposes of determining the minimum salaries payable to persons
certified under Section 14C-8 (now repealed) of this Code, such
persons shall be deemed to have been trained at a recognized institution of
higher learning.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/14C-10) (from Ch. 122, par. 14C-10)
Sec. 14C-10. Parent and community participation.
School districts shall provide for the maximum practical involvement of
parents of children in transitional bilingual education programs. Each
school district shall, accordingly, establish a parent advisory committee
which affords parents the opportunity effectively to express their views
and which ensures that such programs are planned, operated, and evaluated
with the involvement of, and in consultation with, parents of children
served by the programs. Such committees shall be composed of parents of
children enrolled in transitional bilingual education programs,
transitional bilingual education teachers, counselors, and representatives
from community groups; provided, however, that a majority of each committee
shall be parents of children enrolled in the transitional bilingual
education program. Once established, these committees shall autonomously carry out their affairs, including the election of officers and the establishment of internal rules, guidelines, and procedures.
(Source: P.A. 97-915, eff. 1-1-13.)
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(105 ILCS 5/14C-11) (from Ch. 122, par. 14C-11)
Sec. 14C-11. Preschool or summer school programs. A school district may establish, on a full or part-time basis, preschool
or summer school programs in transitional bilingual education for English learners or join with the other school districts
in establishing such preschool or summer programs. Preschool or summer
programs in transitional bilingual education shall not substitute for
programs in transitional bilingual education required to be provided during
the regular school year.
(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
Sec. 14C-12. Account of expenditures; Cost report; Reimbursement.
Each
school district with at least one English learner shall keep an accurate, detailed and separate account of
all monies paid out by it for the programs in transitional bilingual education
required or permitted by this Article, including transportation costs, and
shall annually report thereon for the school year ending June 30 indicating
the average per pupil expenditure. Through fiscal year 2017, each school district shall be reimbursed
for the amount by which such costs exceed the average per pupil expenditure
by such school district for the education of children of comparable age
who are not in any special education program. No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to instructions, supports, and interventions for English learner pupils must be used for programs and services authorized under this Article. At least 60% of transitional bilingual education funding received from the State must be used for the instructional costs of programs and services authorized under this Article.
Applications for preapproval for costs of transitional
bilingual education programs must be submitted to the State Superintendent of
Education at least 60 days before a transitional bilingual education program
is started, unless a justifiable exception is granted by the State
Superintendent of Education.
Applications shall set forth a plan for transitional
bilingual education established and maintained in accordance with this Article.
Through fiscal year 2017, reimbursement claims for transitional bilingual education programs shall
be made as follows:
Each school district shall claim reimbursement on a current basis for the
first 3 quarters of the fiscal year and file a final adjusted
claim
for the school year ended June 30 preceding computed in accordance with rules
prescribed by the State Superintendent's Office.
The State Superintendent
of
Education before approving any such claims shall
determine their accuracy and whether
they are based upon services and facilities provided under approved programs.
Upon approval he shall transmit to the Comptroller
the
vouchers showing the amounts due for
school
district reimbursement claims. Upon receipt of the
final adjusted
claims the State Superintendent of Education shall make a final
determination of the
accuracy of such claims. If the money appropriated by the General Assembly
for such purpose for any year is insufficient, it shall be apportioned on
the basis of the claims approved.
Failure on the part of the school district to prepare and certify the final
adjusted claims due under this Section may constitute a forfeiture
by the school district of its right to be reimbursed by the State under this
Section.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/14C-13) (from Ch. 122, par. 14C-13)
Sec. 14C-13. Advisory Council. (a) There is created an Advisory Council
on Bilingual Education, consisting of 17 members appointed by the State
Superintendent of Education and selected, as nearly as possible, on the
basis of experience in or knowledge of the various programs of bilingual
education. The Council shall advise the State Superintendent on policy and
rules pertaining to bilingual education. The Council shall establish such
sub-committees as it deems appropriate to review bilingual education issues
including but not limited to certification, finance and special education.
Initial appointees shall serve terms determined by lot as follows: 6 for
one year, 6 for 2 years and 5 for 3 years. Successors shall serve 3-year
terms. Members annually shall select a chairman from among their number.
Members shall receive no compensation but may be reimbursed for necessary
expenses incurred in the performance of their duties. By no later than December 1, 2011, the Council shall submit a report to the State Superintendent of Education, the Governor, and the General Assembly addressing, at a minimum, the following questions: (1) whether and how the 20 child per attendance | ||
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(2) whether and how educator certification | ||
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(3) whether and how bilingual education requirements | ||
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(4) whether and how to allow school districts to | ||
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By no later than January 1, 2013, the Council shall submit a report to the State Superintendent of Education, the Governor, and the General Assembly addressing, at a minimum, the following questions: (i) whether and how bilingual education programs | ||
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(ii) whether and how bilingual education programs | ||
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(iii) whether and how bilingual education programs | ||
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(iv) whether and how the bilingual parent advisory | ||
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Within one year of the effective date of this amendatory Act of the 103rd General Assembly, the Council shall deliver a report to the General Assembly on how to incentivize dual language instruction in schools. The report shall include: (i) expanding dual language programs and instruction, (ii) developing a strategic plan for scaling dual language programs, (iii) possible public-private partnerships to expand dual language programs, (iv) potential funding mechanisms and models, including how to leverage the use of existing State and federal resources and how to sustain funding for dual language programs, (v) how to build the supply of qualified teachers for dual language programs, including potential partnerships with private or nonprofit teacher preparation or development programs and college teacher preparation programs, potential alternative certification routes, exchange programs with other countries, and financial incentives, and (vi) standards for measuring student progress in dual language programs. (b) For the purpose of this Section: "Parent academies" means a series of parent development opportunities delivered throughout the school year to increase parents' ability to successfully navigate the education system and monitor their children's education. Parent academies are specifically designed for parents of students who are enrolled in any of the English Language Learner programs and are to be provided after work hours in the parents' native language. At a minimum, parent academies shall allow participants to do the following: (1) understand and use their children's standardized | ||
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(2) learn home strategies to increase their | ||
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(3) promote homework completion as a successful daily | ||
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(4) establish a positive and productive connection | ||
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(5) build the character traits that lead to academic | ||
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"Cultural competency program" means a staff development opportunity to increase the school staffs' ability to meet the social, emotional, and academic needs of culturally and linguistically diverse students and, at a minimum, allows participants to do the following: (i) discuss the impact that our constantly changing, | ||
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(ii) analyze international, national, State, county, | ||
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(iii) realize the benefits and challenges of reaching | ||
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(iv) engage in conversations that lead to | ||
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(v) learn strategies for building student-teacher | ||
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(Source: P.A. 103-362, eff. 1-1-24.)
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(105 ILCS 5/Art. 15 heading) ARTICLE 15.
COMMON SCHOOL LANDS
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(105 ILCS 5/15-1) (from Ch. 122, par. 15-1)
Sec. 15-1.
Lands
constituting.
Section 16 in every township, the sections and parts of sections granted
in lieu of all or part of such section, shall be held as common school
lands.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-2) (from Ch. 122, par. 15-2)
Sec. 15-2.
Place
of transacting business.
All the business of a township relating to common school lands shall be
transacted in the county which contains all or the greater portion of such
lands.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-3) (from Ch. 122, par. 15-3)
Sec. 15-3.
Leases-Pooling agreements-Railroad rights of way and depot grounds.
The township land commissioners or trustees of schools in townships in
which Section 16, or lands granted in lieu thereof, remain unsold, or which
have title to any other school lands or real estate, may lease them for an
annual cash rent or for an annual grain rent or a combination of cash and
grain rent, or may lease them for drilling for oil and gas upon a royalty
basis. The lease shall be made by the president and the clerk, under the
direction of the township land commissioners or trustees of schools, with
the lessee or lessees, shall be in writing, shall be filed with the records
of the board, and a copy shall be transmitted to the county superintendent.
In case of default in the payment of rent the township land commissioners
or trustees shall at once proceed to collect it as may be provided by law
for the collection of rents by landlords. No lease under the provisions of
this Act shall be for a longer period than 5 years except when lands are
leased for the purpose of having permanent improvements made thereon, as in
cities and villages, and except when leased for oil and gas development and
drilling. The township land commissioners or trustees of schools which have
title to any school real estate or lands, whether the lands or real estate
are being used by any school district for school purposes or not, may lease
such real estate or lands, or any part thereof, for drilling for oil and
gas upon such terms as may be agreed upon. Where such a lease is made for
drilling for oil and gas, the township land commissioners or trustees of
schools may also enter into pooling agreements with the owners of adjacent
lands so that the township land commissioners or trustees of schools will
participate in royalties in proportion to their acreage ownership as to all
oil produced from any of the lands in the pooling agreements. This section
does not apply to cities having a population of over one hundred thousand
inhabitants.
The township land commissioners or trustees of schools of any township
may sell and convey to any railroad company a right of way across any
school lands of the township, and necessary depot grounds.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-4) (from Ch. 122, par. 15-4)
Sec. 15-4.
(Repealed).
(Source: Laws 1965, p. 3739. Repealed by P.A. 89-159, eff. 1-1-96.)
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(105 ILCS 5/15-5) (from Ch. 122, par. 15-5)
Sec. 15-5.
Penalty for trespass.
Every trespasser upon common school lands is guilty of a petty offense
and shall be fined 3 times the amount of the injury occasioned by the
trespass.
(Source: P.A. 77-2267.)
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(105 ILCS 5/15-6) (from Ch. 122, par. 15-6)
Sec. 15-6.
Disposition of penalties and fines.
All penalties and fines collected under the provisions of Sections 15-4
and 15-5 shall be paid to the school treasurer and added to the principal
of the township fund.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-7) (from Ch. 122, par. 15-7)
Sec. 15-7.
Sale of common school lands - Petition - Referendum.
When the inhabitants of any township desire the sale of the common
school lands thereof they shall present to the county superintendent of
the county in which the school lands of the township, or the greater
part thereof lie, a petition for their sale. The petition shall be
signed by at least two-thirds of the voters of the township in the
presence of at least 2 adult citizens of the township, after the meaning
and purpose thereof have been explained, and an affidavit must be
affixed thereto by the citizens witnessing the signing, which affidavit
shall state the number of inhabitants of the township 18 years of age
and over, and the petition so verified shall be delivered to the regional
superintendent for his action thereon. In townships having a population
of more than 10,000 inhabitants, the petition shall be signed by at
least 1/10 of the voters thereof and be delivered to the regional
superintendent. Upon the filing of any such petition with the regional
superintendent
he shall treat the petition in the manner provided by the general election
law, and shall certify the proposition to the proper election authorities
for submission to the voters of the township
at a regular scheduled election the proposition
to sell common school lands of
the township. In addition to the requirements of the general election law
the notice may be in the following form:
REFERENDUM FOR SALE OF COMMON
SCHOOL LANDS
Notice is hereby given that on.... the.... day of...., 1...., a referendum
will be held at.... for the purpose of voting "for" or "against" the proposition
to sell common school lands of the township, to-wit: (here insert description
of the lands). The polls will be opened at....
and closed at.... o'clock,.... M.
Regional Superintendent
If two-thirds of the
votes upon the proposition are in favor of the sale, the county
superintendent shall act thereon. No section shall be sold in any
township containing fewer than 200 inhabitants. Common school lands in
fractional townships may be sold when the number of acres are in, or
above, a ratio of 200 to 640 but not before, provided, that where the
lands sought to be sold are swamp or overflow lands, and are located in
a township containing less than 200 inhabitants, a petition signed by at
least two-thirds of the voters in the township shall be sufficient to
cause the regional superintendent to act thereon. All other proceedings
shall be the same as provided in this section. This section does not
prohibit the transfer of school land belonging to a city in trust for
the use of schools under the provisions of "An Act in relation to the
transfer of real estate owned by municipalities", approved July 2, 1925,
as amended, when the board of education of a city having a population
exceeding 100,000 inhabitants desires to convey such land to the city
comprising the school district of such board of education; and in case
of such transfer the limitations as to the size of the lot or tract of
land that may be conveyed contained in Sections 15-9 through 15-12,
shall not apply.
(Source: P.A. 81-1489.)
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(105 ILCS 5/15-8) (from Ch. 122, par. 15-8)
Sec. 15-8.
Fractional townships united to adjacent township.
Any fractional township not having the requisite number of inhabitants
to petition for the sale of school lands, which has not heretofore been
united with any township for school purposes, and which does not contain a
sufficient number of inhabitants to maintain a free school, is hereby
attached for school purposes to the adjacent congressional township having
the longest territorial line bordering on such fractional township, and all
the provisions of this Article shall apply to such united townships the
same as though they were 1 township.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-9) (from Ch. 122, par. 15-9)
Sec. 15-9.
Notice
to trustees-Subdivision of land-Plat, roads, streets and alleys.
When the petition and affidavits are delivered to the county
superintendent, and the requisite number of votes are in favor of a sale,
he shall notify the trustees of the township or township land
commissioners, who shall immediately divide the land into tracts or lots of
such form and quantity as will produce the largest sum of money, and cause
a plat thereof to be made with each lot numbered and defined so that its
boundaries may be forever ascertained.
In subdividing common school lands, no lot shall contain more than 80
acres and the division may be into town or village lots, with roads,
streets or alleys between and through them. All such divisions are hereby
declared legal and all such roads, streets and alleys are declared to be
public highways.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-10) (from Ch. 122, par. 15-10)
Sec. 15-10.
Value fixed-Certification of plat-Plat and certificate to govern.
After the school lands have been subdivided and platted, the trustees of
schools or township land commissioners shall fix the value of each lot and
certify to the correctness of the plat, stating in the certificate the
value of each lot and describing it so that it may be identified. The plat
and certificate shall be delivered to the county superintendent and shall
govern him in advertising and selling such lands.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-11) (from Ch. 122, par. 15-11)
Sec. 15-11.
Notice of sale.
Upon receipt of the plat and certificate of valuation the county
superintendent shall advertise the sale of such land in lots, as divided
and platted, by publishing notice thereof once each week for 3 successive
weeks prior to the date of the sale in a newspaper published in the county
describing the land and stating the time, place and terms of the sale, and
shall be in the following form:
NOTICE OF SALE
Notice is hereby given that on the .... day of .... 1 ...., between the
hours of 10:00 A.M. and 6:00 P.M., the undersigned superintendent of
schools of .... county, will sell at public sale to the highest bidder, at
the .... door of the court house in ....(or on the premises), the following
described real estate, the same being school lands of township No. ....
range No. ...., as divided, and platted by the (township land
commissioners) (trustees of schools of said township), to-wit: (here insert
full and complete description of said premises). Said lands will be sold
for cash in hand, with the privilege to any purchaser of borrowing from the
undersigned the whole or part of the payment of his bid, for not less than
1 nor more than 5 years, upon his paying interest and giving security as
required in case of a loan obtained from the township fund.
Dated this .... day of .... 1 .....
A .... B ....
County Superintendent
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-12) (from Ch. 122, par. 15-12)
Sec. 15-12.
Conduct of sale.
Upon the day of sale, the county superintendent shall make sales by
beginning at the lowest numbered lot and proceeding regularly to the
highest numbered until they are all sold or offered. No lot shall be sold
for less than its valuation. The sale may continue from day to day. Each
lot shall be sold separately and offered long enough to enable any person
present to bid who so desires.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-13) (from Ch. 122, par. 15-13)
Sec. 15-13.
Payment of purchase price.
At the close of each day's sale the purchasers shall pay or secure the
payment of the purchase money. In case of a failure to do so by 10 a. m.
the succeeding day, the lot purchased shall again be offered at public
sale, on the terms as before. Regardless of whether or not the sale is made
the former purchaser shall be required to pay the difference between his
bid and the valuation of the lot, and if he fails to make such payment, the
county superintendent may forthwith institute a civil action in his name,
as superintendent, for the use of the inhabitants of the township where the
land lies, for the required sum; and upon making proof, shall be entitled
to judgment, with costs of suit which, when collected, shall be added to
the principal of the township fund.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-14) (from Ch. 122, par. 15-14)
Sec. 15-14.
Unsold lands subject to sale thereafter.
All lands not sold at public sale, as herein provided for, shall be
subject to sale at any time hereafter, at the valuation as provided in
Section 15-10, and the county superintendents shall, if possible, sell all
such lands at private sale, upon the terms at which they were offered at
public sale.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-15) (from Ch. 122, par. 15-15)
Sec. 15-15.
Valuation of unsold land.
Where common school lands have been valued under Section 15-10 and have
remained unsold for 2 years after having been offered for sale in
conformity to this Article, the trustees of schools or township land
commissioners where the lands are situated may, without any petition having
been filed, vacate the valuation thereof by an order entered in Book A of
the county superintendent, and make a new valuation. They shall make a new
valuation in the same manner as the former, and shall deliver to the county
superintendent a plat of the land at such new valuation with the order of
vacation, whereupon the county superintendent shall offer the land for sale
as if no former valuation has been made.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-16) (from Ch. 122, par. 15-16)
Sec. 15-16.
Certificate of purchase.
Upon the completion of every sale the county superintendent shall
deliver to the purchaser a certificate of purchase including the name and
residence of the purchaser and the price and description of the land.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-17) (from Ch. 122, par. 15-17)
Sec. 15-17.
Patents.
Every purchaser of common school lands shall be entitled to a patent
from the State, conveying and assuring the title. Patents shall be issued
by the Secretary of State from returns made to him by the county
superintendent, township land commissioners or county board of school
trustees as the case may be. They shall contain a description of the land
granted and shall be in the name of and signed by the Governor, with the
great seal of State affixed thereto by the Secretary of State, and shall
operate to vest in the purchaser a title in fee simple. When patents are so
executed the Secretary of State shall note on the list of sales the date of
each patent in such manner as to perpetuate the evidence of its date and
delivery and thereupon transmit it to the county superintendent of the
proper county, to be by him delivered to the patentee, his heirs, or
assigns, upon the return of the original certificate of purchase, which
certificate, when returned, shall be filed and preserved by the county
superintendent. All such patents for school lands, or certified copies
thereof from any record legally made, shall, after 10 years from the date
of the patent, and such sale having been acquiesced in for 10 years by the
inhabitants of the township in which the land so conveyed is situated, be
conclusive evidence as to the legality of the sale, and that the title to
such land was, at the date of patent, legally vested in the patentee.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-18) (from Ch. 122, par. 15-18)
Sec. 15-18.
Copies of lost certificates or patents.
Purchasers of common school lands, and their heirs or assigns, may
obtain certified copies or certificates of purchase and patents upon filing
an affidavit with the county superintendent in respect to certificates and
with the Secretary of State in respect to patents, proving the loss or
destruction of the originals, which copies shall have the effect of
originals.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-19) (from Ch. 122, par. 15-19)
Sec. 15-19.
Dedication of streets and highways.
The trustees of schools or township land commissioners may dedicate to
public use for street and highway purposes as much of the unimproved common
school lands as may be necessary to open or extend any street or highway
which may be ordered by the municipal authorities to be opened or extended,
if they are of the opinion that the benefit to accrue from the opening or
extending of such street or highway will compensate for the strip so
dedicated. It is unlawful for any street or other railroad company to lay
tracks on any strip of the common school lands so dedicated, or use them or
any part thereof for railroad or street railroad purposes, except upon the
purchase or lease thereof from the proper authorities or upon payment to
the school fund of the township of the value of such use or land the same
as if no street or highway had been laid out thereon, to be determined by
condemnation proceedings. This section does not affect existing leases or
contracts for the lease or purchase of common school lands.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-20) (from Ch. 122, par. 15-20)
Sec. 15-20.
Books to be kept.
The county superintendent shall keep 3 books, to be known and designated
by the letters A, B, and C. In book A he shall record at length all
petitions presented to him for the sale of common school lands, the plats
and certificates of valuation made by or under the direction of the
trustees of schools, or the township land commissioners, and the affidavits
in relation to the same. In book B he shall keep an account of all sales of
common school lands, including the date of sale, name of purchaser,
description of land sold and the selling price. In book C he shall keep a
regular account of all moneys received or paid out; from whom received, on
what account, showing whether it is principal or interest, the rate of
interest, and a description of the real estate taken as security; if paid
out, to whom, when, and on what account, the amount of the sales and the
account of each township fund to be kept separate.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-21) (from Ch. 122, par. 15-21)
Sec. 15-21.
Statements to be presented.
At the regular meeting of the county board in each year the county
superintendent shall present, first, a statement showing the sales of
school lands made subsequent to the first regular term of the previous
year, which shall be a copy of the sale book (book B); second, a statement
of the amount of money received, paid, and in hand, belonging to each
township or fund under his control, the statement of each fund to be
separate; third, a statement copied from his loan book (book C), showing
all the facts in regard to loans which are required to be stated in the
loan book.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-22) (from Ch. 122, par. 15-22)
Sec. 15-22.
Record of report and statement.
The county clerk shall record and preserve the report of the county
superintendent made to the county board at its first regular meeting in
each year relating to the sale of school lands, the amount of money
received, paid, loaned out and on hand, belonging to each township fund in
his control, and the statement copied from the loan book of such county
superintendent, showing all the facts in regard to loans which are required
to be stated in the loan book.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-23) (from Ch. 122, par. 15-23)
Sec. 15-23.
Common school lands.
The provisions of Sections 15-1 through 15-19, of this Article shall
have no application to the sale of any of the common school lands of any
township to a school district located within the township for use as a
schoolhouse site, and the trustees of schools or township land
commissioners in any township in which Section 16 or land granted in lieu
thereof remains unsold may sell to the governing body of any such school
district any tract of said common school lands where such tract has been
legally selected as a schoolhouse site for said district.
Where any tract of the common school lands of the township has been
legally selected as a schoolhouse site by the voters of any school district
within the township, the governing body of such school district may adopt a
resolution reciting the fact that the voters have legally selected such
tract as a schoolhouse site, describing it, setting forth the date of the
election and the fact that a majority of the voters voting at the election
selected the said tract as a schoolhouse site, and requesting the trustees
of schools, or township land commissioners upon payment to them of not to
exceed the sum authorized by the voters to be paid for any such tract, to
execute an instrument indicating that said trustees of schools or township
land commissioners of the township hold title to said tract for the use and
benefit of such school district. A certified copy of such resolution shall
be filed with the Clerk of the trustees of schools or township land
commissioners, and it shall be the duty of said trustees of schools or
township land commissioners of such township upon the filing of a certified
copy of such resolution with the Clerk of the trustees of schools, or
township land commissioners to execute an instrument of conveyance or an
instrument of declaration, indicating that they hold title to such property
for the use and benefit of said school district, which shall be filed of
record in the office of the recorder.
Notwithstanding the foregoing provisions of this Section, if the school
district is a school district located in a Class I county school unit, or if
the school district is a school district that has withdrawn from the
jurisdiction and authority of the trustees of schools of a township and the
township treasurer under subsection (b) of Section 5-1, the resolution of the
school board shall request the trustees of schools, township land
commissioners, regional board of school trustees, or other school officials
having title to the property, upon payment to them of not to exceed the sum
authorized by the voters, to deliver to the school board a deed, executed by
their president and their clerk or secretary, conveying good legal title to the
property selected as a schoolhouse site to the school board of the school
district.
(Source: P.A. 88-155.)
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(105 ILCS 5/15-24) (from Ch. 122, par. 15-24)
Sec. 15-24.
Management of permanent funds.
The common school lands and township loanable funds in Class I
counties shall be managed and operated by township land commissioners
who shall receive no salary. In counties of fewer than 220,000
inhabitants, there shall be 3 land commissioners, who shall be elected
in the same manner as provided for the election of school directors, who
shall serve the same terms as school directors and shall be organized in
the same manner as school directors. In counties having 220,000
inhabitants or more but fewer than 2,000,000 inhabitants, the members of
the regional board of school trustees shall be the township land
commissioners, except that township land commissioners elected in any
such county prior to the effective date of this amendatory Act of 1963
shall continue to serve until the end of the term for which they were
elected. The township land commissioners shall hold title to, manage and
operate all common school lands and township loanable funds of such
township and receive the rents, issues and profits therefrom. Elections
shall be conducted in accordance with the general election law. The land commissioners
shall appoint a treasurer for a term of 2 years and fix his salary which
shall not be changed during such term. The proceeds of the rents, issues
and profits from such land and fund shall be promptly deposited with him
upon its receipt by the land commissioners. After the payment of the
necessary expenses incidental to the operation of such land and fund by
orders drawn on the treasurer and signed by the president and secretary
of the land commissioners, including actual expenses of the land
commissioners, the net income from such land and fund including
accumulated income undistributed at the effective date of this Act
shall, upon an order drawn by such treasurer and signed by the president
and secretary of such township land commissioners be distributed
annually on or before February 1 as provided in this Act.
(Source: P.A. 86-225.)
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(105 ILCS 5/15-25) (from Ch. 122, par. 15-25)
Sec. 15-25.
Reports of treasurer.
The treasurer of the township land commissioners shall with respect to
the common school lands and township loanable fund held by them make the
reports to them required to be made by township treasurers to township
school trustees, give bond as required of township treasurers, and perform
the duties and exercise the powers of township treasurers.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-26) (from Ch. 122, par. 15-26)
Sec. 15-26.
Liquidation of permanent fund.
Upon a petition signed by at least one hundred voters of any school
township filed with the regional superintendent of schools
asking that the
permanent funds of such township be liquidated and distributed to the
schools of said township, said regional superintendent of
schools shall certify the proposition to the proper election authorities
for submission to the electorate at a regular scheduled election in said township
the proposition to liquidate such permanent funds and distribute the
proceeds thereof to the schools of the said school township. Such funds
may be deposited by the district either in the educational or
operations and maintenance fund, or in both in such proportion
as the school board shall determine. If the said proposition receives a
majority of the votes cast upon such proposition the
township land commissioners shall proceed to sell the lands included in
the assets of the permanent fund and liquidate the permanent funds of
said school township and distribute same in the manner provided in this
Article; if the average income from the permanent funds of any school
township for a period of three years amounts to less than $2500 the
regional board of school trustees or the township land commissioners
shall
proceed forthwith to liquidate such funds and sell the lands included in
the assets of the permanent fund without any petition or election.
The expenses of liquidation shall be paid out of the moneys obtained
from the liquidation. Upon completion of every sale of lands the
township land commissioners or the regional board of school trustees, as
the case may be, shall deliver to the purchaser a certificate of
purchase including the name and residence of the purchaser and the price
and description of the land.
(Source: P.A. 86-970.)
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(105 ILCS 5/15-27) (from Ch. 122, par. 15-27)
Sec. 15-27.
Audit.
In the month of July of each year and at such other times as they may
think necessary the township land commissioners shall cause an audit to
be made by a public accountant of all funds under their jurisdiction. A
certified copy of such annual audit shall be filed with the regional
superintendent of schools and the State Board of Education
by October 15 each year.
(Source: P.A. 81-1508.)
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(105 ILCS 5/15-28) (from Ch. 122, par. 15-28)
Sec. 15-28.
Township land commissioners successors to trustees of schools.
The township land commissioners elected under the provisions of this
Article shall be the successors to the trustees of schools elected under
"An Act in relation to the establishment, operation and maintenance of
public schools, providing for the transportation of and scholarships in
institutions of higher learning for students of all schools, and to repeal
certain acts herein named", approved March 18, 1961, as amended with
respect to the common school lands and township loanable fund of the
township. All rights of property of the common school lands and causes of
action existing or vested in the trustees of schools elected under such Act
as amended shall vest in the township land commissioners as successors in
as complete a manner as they were vested in the trustees of schools elected
under such Act as amended. All records, moneys, securities and other assets
of the common school lands of the several school townships in the county
and any obligations owing to such school townships shall be transferred by
the several boards of township trustees to the township land commissioners.
Such township land commissioners are empowered to receive such records and
assets. All assets so received shall be credited to the respective school
township from which they were received.
The township land commissioners shall designate a depositary for their
treasurer in the manner provided in Section 8-7 of this Act insofar as
applicable.
(Source: Laws 1967, p. 509.)
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(105 ILCS 5/15-29) (from Ch. 122, par. 15-29)
Sec. 15-29.
Bond.
It shall be the duty of the township land commissioners to examine the
bond of its treasurer and if found to be in proper form in the proper
amount with good and sufficient securities to approve same. If at any time
the said township land commissioners deem it necessary it shall require its
treasurer to execute a new bond but the execution of such new bond shall
not affect the old bond or the liabilities of the sureties thereon.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-30) (from Ch. 122, par. 15-30)
Sec. 15-30.
Liability of township land commissioners.
If the township land commissioners fail to observe the provisions of
this Act in reference to the distribution of funds and property, they shall
be individually and jointly liable to the district interested in a civil
action to the full amount of the damages sustained by the district
aggrieved.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/15-31) (from Ch. 122, par. 15-31)
Sec. 15-31. Disposition of funds upon liquidation of permanent funds.
Any funds received as the result of the liquidation of the permanent
funds belonging to any school township shall after the payment of the
necessary expenses connected therewith be apportioned and distributed to
the school districts or parts of districts of such township -- including,
in the case of the liquidation of the permanent funds belonging to any
school township in a Class II county school unit, any school district
located in such township which theretofore withdrew from the jurisdiction
and authority of the trustees of schools of that township and from the
jurisdiction and authority of the township treasurer as provided in
subsection (b) of Section 5-1 -- in which
schools have been kept as required by law during the preceding year ending
June 30 according to the number of pupils in average daily attendance in
grades one to eight, each inclusive, and upon the completion of such
liquidation and distribution and the submission of all reports required by
law the office of township land commissioners and their treasurer in such
township shall terminate.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/Art. 15A heading) ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-1) Sec. 15A-1. Short title. This Article may be cited as the School Design-Build Authorization Law.(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-5) Sec. 15A-5. Purpose. The purpose of this Article is to authorize school districts to use design-build processes to increase the efficiency and effectiveness of delivering public projects.(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-10) Sec. 15A-10. Definitions. As used in this Article: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Article between a school district and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Article. "Design professional" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as set forth in this Article and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Article. "Public art designer" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that has demonstrated experience with the design and fabrication of public art, including any media that has been planned and executed with the intention of being staged in the physical public domain outside and accessible to all or any art that is exhibited in a public space, including publicly accessible buildings, or interpretive exhibits, including communication media that is designed to engage, excite, inform, relate, or reveal the intrinsic nature or indispensable quality of a topic or story being presented. "Request for proposal" means the document used by the school district to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, such as the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal. (Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-15) Sec. 15A-15. Solicitation of proposals. (a) A school district may enter into design-build contracts. In addition to the requirements set forth by the school board, if the school district elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The school district must publish the advance notice in the manner prescribed by the school board, which must include posting the advance notice online on its website. The school district may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The school district must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal must be prepared for each project and must contain, without limitation, the following information: (1) The name of the school district. (2) A preliminary schedule for the completion of the | ||
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(3) The proposed budget for the project, the source | ||
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(4) Prequalification criteria for design-build | ||
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(5) Material requirements of the contract, such as | ||
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(6) The performance criteria. (7) The evaluation criteria for each phase of the | ||
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(8) The number of entities that will be considered | ||
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(c) The school district may include any other relevant information that it chooses to supply. The design-build entity may rely upon the accuracy of this documentation in the development of its proposal. (d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The school district must include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed. (Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-20) Sec. 15A-20. Development of scope and performance criteria. (a) The school district must develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which must include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the school district's overall programmatic needs and goals, including criteria, general budget parameters, schedule, and delivery requirements. (b) Each request for proposal must also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the school district to be produced by the design-build entities. (c) The scope and performance criteria must be prepared by a design professional or public art designer who is an employee of the school district, or the school district may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the school district to make modifications in the project scope without invalidating the design-build contract. (Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-25) Sec. 15A-25. Procedures for selection. (a) The school district must use a 2-phase procedure for the selection of the successful design-build entity. Phase I of the procedure must evaluate and shortlist the design-build entities based on qualifications, and Phase II must evaluate the technical and cost proposals. (b) The school district must include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the school district has set forth. Each request for proposal must establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the school district. The school district must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The school district must include the following criteria in every Phase I evaluation of design-build entities: (1) experience of personnel; (2) successful experience with similar project types; (3) financial capability; (4) timeliness of past performance; (5) experience with similarly sized projects; (6) successful reference checks of the firm; (7) commitment to assign personnel for the duration | ||
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(8) ability or past performance in meeting or | ||
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The school district may include any additional, relevant criteria in Phase I that it deems necessary for a proper qualification review. The school district may not consider a design-build entity for evaluation or an award if the entity has any pecuniary interest in the project or has other relationships or circumstances, such as long-term leasehold, mutual performance, or development contracts with the school district, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. A design-build entity shall not be disqualified under this Section solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. No proposal may be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act. Upon completion of the qualification evaluation, the school district must create a shortlist of the most highly qualified design-build entities. The school district, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation if no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. If a school district receives one response to Phase I, nothing herein shall prohibit the school district from proceeding with a Phase II evaluation of the single respondent, if the school district, in its discretion, finds proceeding to be in its best interest. The school district must notify the entities selected for the shortlist in writing. This notification must commence the period for the preparation of the Phase II technical and cost evaluations. The school district must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the school district. (c) The school district must include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal must establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the school district. The school district must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The school district must include the following criteria in every Phase II technical evaluation of design-build entities: (1) compliance with objectives of the project; (2) compliance of proposed services to the request | ||
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(3) quality of products or materials proposed; (4) quality of design parameters; (5) design concepts; (6) innovation in meeting the scope and performance | ||
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(7) constructability of the proposed project. The school district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The school district must include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The school district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor may not exceed 30%. The school district must directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. Upon completion of the technical submissions and cost submissions evaluation, the school district may award the design-build contract to the highest overall ranked entity. (Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-30) Sec. 15A-30. Small projects. In any case in which the total overall cost of the project is estimated to be $12,000,000 or less, the school district may combine the 2-phase procedure for selection described in Section 15A-25 into one combined step if all the requirements of evaluation are performed in accordance with Section 15A-25.(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-35) Sec. 15A-35. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposal. Proposals must include a bid bond in the form and security as designated in the request for proposal. Proposals must also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals must include a list of all design professionals, public art designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal, or they may be rejected as nonresponsive. The school district may reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The school district must review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the school district, clear and convincing evidence of error is required for withdrawal. After a response to a request for qualifications or a request for proposal has been submitted under this Section, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the school district. (Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-40) Sec. 15A-40. Award; performance. The school district may award the contract to the highest overall ranked design-build entity. Notice of award must be made in writing. Unsuccessful design-build entities must also be notified in writing. The school district may not request a best and final offer after the receipt of proposals of all qualified design-build entities. The school district may negotiate with the selected design-build entity after the award, but prior to contract execution, for the purpose of securing better terms than originally proposed if the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals must conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code. (Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-45) Sec. 15A-45. Evaluation and report. At the end of every 6-month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity must detail, in a written report submitted to the school district, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-50) Sec. 15A-50. Exception. Nothing in this Article prevents a school district from using a qualification-based selection process for design professionals or construction managers for design-build projects.(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/15A-90) Sec. 15A-90. Severability. The provisions of this Article are severable under Section 1.31 of the Statute on Statutes.(Source: P.A. 103-491, eff. 1-1-24.) |
(105 ILCS 5/Art. 16 heading) ARTICLE 16.
GIFTS--USE OF SITES--PLAYGROUNDS
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(105 ILCS 5/16-1) (from Ch. 122, par. 16-1)
Sec. 16-1.
Gifts - Vested in school board.
Whenever any grant, gift,
donation or legacy of real or personal property has been or shall be,
directly or indirectly, made to or for the use of any public school
district or attendance center and the deed, will or other
instrument by which such grant, gift, donation, or legacy is made
declares in terms or in substance that such property shall be held,
managed, improved and invested or otherwise disposed of for the use and
benefit of the public schools in such district or an individual attendance
center, the title to such property shall be vested in the school board of
such district for use in whatever manner the board shall choose and shall
be held, managed, improved, invested or disposed of by
such board in such manner as the board, in its discretion, sees fit;
provided, however, when the person making such a grant, gift,
donation, or legacy expresses in the instrument by which it was made an
intention that it shall be used for a certain purpose, the school board
shall promote and carry into effect such intention until the board
determines in its discretion that it is no longer possible, practical or
prudent to do so.
This Section does not apply in any case where the deed, will or other
instrument effectively vests the title and control of such property in a
trustee or grantee named in such instrument unless the trustee or grantee
is incapable of taking or administering the trust, or refuses or fails to
accept the trust, in which case the title and control thereof shall vest as
provided in the preceding paragraph.
This Section does not validate any legacy which but
for this enactment would have been invalid.
(Source: P.A. 86-171.)
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(105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
Sec. 16-2. Joint
use of site and building.
Whenever the school boards of two or more school districts have agreed
upon the joint use of any school site and compensation to be paid therefor,
and any such site has been selected in the manner required by law, it is
lawful for such districts to use the same school site and after payment of
the compensation, the trustees of schools of the township or regional board
of school trustees, as the case may be, by proper instrument in writing
shall declare that title to such site is held for the joint use of such
districts according to the terms of such agreement, and such districts
shall be further authorized to construct, maintain and use a building
jointly for the benefit of the inhabitants thereof.
Notwithstanding any other provisions of this Section:
(1) If legal title to the selected site is held in the name of the school
board of a school district that has agreed to the joint use of the site with
any other school districts, and if those other school districts are also
districts
whose school boards, under subsection (a) of Section 10-22.35B of this Code, are to hold legal
title to school buildings and school sites of the district, then upon the
execution of the agreement and payment of the compensation in accordance with
the terms of the agreement the school boards of the districts shall be deemed
to hold legal title to the site as tenants in common, and the required deed or
deeds of conveyance shall be executed and delivered by the president and
secretary or clerk of the school boards to reflect that legal title to the
selected site is held in that manner.
(2) If one more but not all of the school boards that are party to the
agreement are school boards that, under subsection (a) of Section 10-22.35B of this Code, are to
hold legal title to the school buildings and school sites of the district, the
interest in the selected site of each school board that is to hold legal title
to the school buildings and school sites of the district shall be that of a
tenant in common; and the required deed or deeds of conveyance shall be
executed and delivered by the president and secretary or clerk of the trustees
of schools of the township, regional board of school trustees, township land
commissioners, or school boards, as the case may be, to reflect that tenancy in
common interest of the appropriate school board or school boards with the
trustees of schools of the township, regional board of school trustees or
township land commissioners, as the case may be, in the legal title to the
selected site.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/16-3) (from Ch. 122, par. 16-3)
Sec. 16-3.
Transfer of site to purchasing district.
Whenever the school board of any school district determines that any
schoolhouse site with or without a building thereon is of no further use
to the district and agrees with the school board of any other school
district, within or adjacent to the boundaries of which the site is
situated, upon the
sale thereof to such district and the price to be paid therefor, and
such sites are selected by the purchasing district in the manner
prescribed by law, after the payment of the compensation the trustees of
schools of the township, regional board of school trustees, township
land commissioners, or school board having legal title to the site shall, by proper deed of conveyance or instrument in
writing, convey legal title to, or transfer the use of the site to, the
purchasing district in accordance with applicable provisions of this Code.
(Source: P.A. 88-155.)
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(105 ILCS 5/16-4) (from Ch. 122, par. 16-4)
Sec. 16-4.
Building jointly used - Sale of interest - Additions and
enlargements.
Whenever two school districts situated adjacent to one another or comprising
the same or partly the same
territory have a school site with
buildings thereon, owned by one of the districts but used under
agreement by both, the district owning the site and buildings may sell
to the other, and the other district has the right to purchase, an equal
or any other interest in the site and buildings under an agreement
between the two; and upon the execution of the agreement and the
acquiring the title to the interest by the purchasing district, the two
districts shall be deemed to hold title to the premises as tenants in
common; and thereafter the school districts, or either of them, may,
under appropriate terms in the first agreement, or under a new agreement
entered into by them, add to and enlarge any parts of the buildings, if
deemed necessary for the uses of the districts or either of them, and by
such sole or mutual expenditure of funds as may be nominated by the
terms of the agreement between the districts, and the expenditures shall
in no way change the individual interests of the districts in the premises
unless otherwise expressly so provided by the terms of the
agreement.
(Source: P.A. 81-1541.)
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(105 ILCS 5/16-5) (from Ch. 122, par. 16-5)
Sec. 16-5.
Agreement for joint use of property.
Prior to the third Saturday of August of any year the school board of
any district which does not by itself maintain a high school may enter into
an agreement with any township high school board of education or the school
board of any other high school district, by which agreement grade school or
high school property, real or personal, owned by or held for the use
of either district within
territory included in both districts may be used jointly for school
purposes by both such districts in the manner provided in the agreement. If
such school district has a population of 1000 or more, and if legal title to
any real property affected by the agreement is not held by the school board of
a school district that is party to the agreement, the agreement shall
be invalid unless prior to such third Saturday of August the written
consent of the trustees of schools of the township or townships, regional
board of school trustees, or township land commissioners holding legal
title to the property affected by the agreement is first
obtained.
(Source: P.A. 88-155.)
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(105 ILCS 5/16-6) (from Ch. 122, par. 16-6)
Sec. 16-6.
Compensation determined under eminent domain.
Whenever any lot or parcel of land is needed by any university, college,
township high school or other educational institution established and
supported by this State or by a township therein, or by a school district,
as a site for a building or for any educational purpose, including sites
purchased under authority of Section 10-22.31b, and compensation for the
lot or parcel of land cannot be agreed upon between the owners thereof and
the trustees, board of education, or other corporate authority of the
educational institution, or school district, the corporate authority of the
educational institution or school district may have the compensation
determined in the manner provided by law for the exercise of the right of
eminent domain. In Class I counties and in any school district which is
situated in a Class II county school unit but which no longer is subject
to the jurisdiction and authority of a township treasurer or trustees
of schools of a township because the district has withdrawn
from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1, the school
board shall engage counsel, pay all expenses and institute suit without any
authorization by the regional board of school trustees; and the proceedings
shall be in the name of the school board for the use
of the school district. But no tract of land outside the limits of any
incorporated city or village and within 40 rods of the dwelling of the
owner of the land shall be taken by the board of directors created in
Section 10-1 of this Act without the owner's consent: provided, however,
that a tract of land outside the limits of any incorporated city or village
lying not less than 200 feet from the dwelling of the owner of the land
which adjoins and is adjacent to a school site being used for school
purposes may be taken by the board in the manner provided by law for the
exercise of the right of eminent domain for the purpose of enlarging such
school site for educational and recreational purposes.
(Source: P.A. 87-473; 88-155.)
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(105 ILCS 5/16-7) (from Ch. 122, par. 16-7)
Sec. 16-7.
Playgrounds,
recreation grounds and athletic fields.
Any school district organized and existing under the general law or by
special charter having a population of not more than 500,000 inhabitants
may acquire real estate by gift, donation, legacy, purchase or otherwise
and hold it for the purpose of establishing playgrounds, recreation grounds
and athletic fields, and may equip, operate and maintain such playgrounds,
recreation grounds and athletic fields, the cost of such acquiring and
equipping to be paid either from the proceeds of bonds issued for that
purpose or out of the operations and maintenance fund, and the
cost of such maintaining and operating to be paid from the educational
fund, of the district. Such real estate need not be contiguous to any other
school property or real estate owned by the school district.
(Source: P.A. 86-970.)
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(105 ILCS 5/16-8) (from Ch. 122, par. 16-8)
Sec. 16-8.
Supervision - Personnel - Police control.
The school board of any such school district acquiring real estate and
equipping, operating and maintaining it for the purposes provided in
Section 16-7 shall have supervision over such playgrounds, recreation
grounds or athletic fields, may employ play leaders, playground directors,
supervisors, recreation superintendents or athletic directors therefor, and
may take such steps to provide for the protection, sanitation, care and
management thereof as it deems appropriate.
If real estate and improvements thereon, including buildings, parking
lots, other improvements and equipment so acquired lies partly or wholly
outside and within 1 mile of the corporate limits of any city, village or
incorporated town situated in such district, such city, village or incorporated
town may exercise police control and protection over such real estate and
improvements thereon, including buildings, parking lots, other improvements
and equipment in the same manner and to the same extent that such city,
village or incorporated town would exercise police control and protection
thereover if such real estate and improvements thereon, including
buildings, parking lots, other improvements and equipment were situated
within the corporate limits thereof.
(Source: P.A. 86-1304.)
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(105 ILCS 5/16-9) (from Ch. 122, par. 16-9)
Sec. 16-9.
Transfers to municipal corporations.
School districts and boards of education may also transfer real estate
in accordance with the provisions of "An Act in relation to the transfer of
real estate owned by municipalities", approved July 2, 1925, as amended,
title approved May 8, 1947.
(Source: Laws 1967, p. 506.)
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(105 ILCS 5/16-10) (from Ch. 122, par. 16-10)
Sec. 16-10.
Fire
protection.
If the location of any public school building is not within any
municipality or fire protection district, fire protection service for such
building shall be provided by that municipality or fire protection district
which maintains the facility for fire fighting equipment which lies closest
to such building. The school district shall pay to the municipality or fire
protection district, as the case may be, the reasonable cost of such
service. If the respective corporate authorities of the school district and
of the municipality or fire protection district are unable to agree on the
cost of such service, the cost shall be determined by a civil action in the
circuit court of the circuit in which the school building is located.
(Source: P.A. 76-1790.)
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(105 ILCS 5/Art. 17 heading) ARTICLE 17.
BUDGETS--TAX RATES--TAX WARRANTS
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(105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
Sec. 17-1. Annual budget. The board of education of each school
district under 500,000 inhabitants shall, within or before the first
quarter of each fiscal year, adopt and file with the State Board of Education an annual balanced budget which it deems
necessary to defray all necessary expenses and liabilities of the
district, and in such annual budget shall specify the objects and
purposes of each item and amount needed for each object or purpose.
The budget shall be entered upon a School District Budget form prepared
and provided by the State Board of Education and therein shall contain
a statement of the cash on hand at the
beginning of the fiscal year, an estimate of the cash expected to be
received during such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a statement of the
estimated cash expected to be on hand at the end of such year. The
estimate of taxes to be received may be based upon the amount of actual
cash receipts that may reasonably be expected by the district during
such fiscal year, estimated from the experience of the district in prior
years and with due regard for other circumstances that may substantially
affect such receipts. Nothing in this Section shall be construed as
requiring any district to change or preventing any district from
changing from a cash basis of financing to a surplus or deficit basis of
financing; or as requiring any district to change or preventing any
district from changing its system of accounting. The budget shall conform to the requirements adopted by the State Board of Education pursuant to Section 2-3.28 of this Code.
To the extent that a school district's budget is not balanced, the district shall also adopt and file with the State Board of Education a deficit reduction plan to balance the district's budget within 3 years. The deficit reduction plan must be filed at the same time as the budget, but the State Superintendent of Education may extend this deadline if the situation warrants.
If, as the result of an audit performed in compliance with Section 3-7 of this Code, the resulting Annual Financial Report required to be submitted pursuant to Section 3-15.1 of this Code reflects a deficit as defined for purposes of the preceding paragraph, then the district shall, within 30 days after acceptance of such audit report, submit a deficit reduction plan. The board of education of each district shall fix a fiscal year
therefor. If the beginning of the fiscal year of a district is
subsequent to the time that the tax levy due to be made in such
fiscal year shall be
made, then such annual budget shall be adopted prior to the time such
tax levy shall be made.
The failure by a board of education of any district to adopt an annual
budget, or to comply in any respect with the provisions of this Section, shall
not affect the validity of any tax levy of the district otherwise in
conformity with the law. With respect to taxes levied either before, on, or
after the effective date of this amendatory Act of the 91st General Assembly,
(i) a tax levy is made
for the fiscal year in which the levy is due to be made regardless of which
fiscal year the proceeds of the levy are expended or are intended to be
expended, and (ii) except as otherwise provided by law, a board of education's
adoption of
an annual budget in conformity with this Section is not a prerequisite to the
adoption of a valid tax levy and is not a limit on the amount of the levy.
Such budget shall be prepared in tentative form by some person or
persons designated by the board, and in such tentative form shall be
made conveniently available to public inspection for at least 30 days
prior to final action thereon. At least 1 public hearing shall be held
as to such budget prior to final action thereon. Notice of availability
for public inspection and of such public hearing shall be given by
publication in a newspaper published in such district, at least 30 days
prior to the time of such hearing. If there is no newspaper published
in such district, notice of such public hearing shall be given by
posting notices thereof in 5 of the most public places in such district.
It shall be the duty of the secretary of such board to make such
tentative budget available to public inspection, and to arrange for such
public hearing. The board may from time to time make transfers between
the various items in any fund not exceeding in the aggregate 10% of the
total of such fund as set forth in the budget. The board may from time
to time amend such budget by the same procedure as is herein provided
for its original adoption.
Beginning July 1, 1976, the board of education, or regional
superintendent, or governing board responsible for the administration of
a joint agreement shall, by September 1 of each
fiscal year thereafter, adopt an annual budget for the joint agreement
in the same manner and subject to the same requirements as are provided
in this Section.
The State Board of Education shall exercise powers and duties
relating to budgets as provided in Section 2-3.27 of this Code and shall require school districts to submit their annual budgets, deficit reduction plans, and other financial information, including revenue and expenditure reports and borrowing and interfund transfer plans, in such form and within the timelines designated by the State Board of Education.
By fiscal year 1982 all school districts shall use the Program Budget
Accounting System.
In the case of a school district receiving emergency State financial
assistance under Article 1B, the school board shall also be subject to the
requirements
established under Article 1B with respect to the annual budget.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/17-1.1) Sec. 17-1.1. Shared service reporting and fiscal efficiency. (a) Annually, each school district shall complete a report developed by the State Board of Education, to accompany the annual financial report and to be published on the State Board of Education's Internet website, that summarizes district attempts to improve fiscal efficiency through shared services or outsourcing in the prior fiscal year. The report must be primarily in checklist form and approximately one page in length. It shall include, but shall not be limited to, the incidence of the following shared service options: insurance; employee benefits; transportation; personnel recruitment; shared personnel; technology services; energy purchasing; supply and equipment purchasing; food services; legal services; investment pools; special education cooperatives, vocational cooperatives, and other shared educational programs; curriculum planning; professional development; custodial services; maintenance services; grounds maintenance services; food services; grant writing; and science, technology, engineering, and mathematics (STEM) program offerings. The report shall also include a list of potential shared services or outsourcing the district may consider or investigate for the next fiscal year and any anticipated barriers to implementation. This report must be approved by the school board at an open meeting that allows for public comment, and it shall be published on the Internet website of the school district, if any. (b) Based on data supplied by school districts through the annual financial report, regional superintendents of schools shall publish annually a regional report summarizing district attempts to improve fiscal efficiency through shared services or outsourcing within the educational service region. This report shall include a list of all joint purchasing initiatives, joint agreements between districts, attempts to reduce or eliminate duplication of services and duplicative expenditures, and identification of any overlapping regional service delivery systems. (c) For school districts required to develop and submit to the State Board of Education a deficit reduction plan under Section 17-1 of this Code, the regional superintendent of schools and the school district shall jointly prepare a shared services and outsourcing plan that considers actions that may improve the district's fiscal efficiency and how future savings associated with shared services or outsourcing are to be utilized.
(Source: P.A. 102-1088, eff. 6-10-22.) |
(105 ILCS 5/17-1.2)
Sec. 17-1.2. Post annual budget on web site. If a school district
has an Internet web site, the school district shall post its current annual
budget,
itemized by receipts and expenditures, on the district's Internet web site. The budget shall include information conforming to the rules adopted by the State Board of Education pursuant to Section 2-3.28 of this Code.
The school district shall notify the parents or guardians of its students
that the budget has been posted on the district's web site and what
the web site's address is.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/17-1.3) Sec. 17-1.3. Disclosure of cash balance. Notwithstanding any other provision of law, each school district shall disclose to the public, at the public hearing at which the district certifies its budget and levy for the taxable year, the cash reserve balance of all funds held by the district related to its operational levy and, if applicable, any obligations secured by those funds.
(Source: P.A. 102-895, eff. 5-23-22.) |
(105 ILCS 5/17-1.5)
Sec. 17-1.5. Limitation of administrative costs.
(a) It is the purpose of this Section to establish limitations on the growth
of administrative expenditures in order to maximize the proportion of school
district resources available for the instructional program, building
maintenance, and safety services for the students of each district.
(b) Definitions. For the purposes of this Section:
"Administrative expenditures" mean the annual expenditures of
school districts properly attributable to expenditure functions defined by the
rules of the State Board of Education as: 2320 (Executive Administration Services);
2330 (Special Area Administration Services); 2490 (Other Support Services -
School Administration); 2510 (Direction of Business Support Services); 2570
(Internal Services); and 2610 (Direction of Central
Support Services); provided, however, that "administrative expenditures" shall
not include early retirement or other pension system obligations required by
State law.
"School district" means all school districts having a population of less than
500,000.
(c) For the 1998-99 school year and each school year thereafter, each school
district shall undertake budgetary and expenditure control actions so that the
increase in administrative expenditures for that school year over the prior
school year does not exceed 5%.
School districts with administrative expenditures per pupil
in the 25th
percentile and below for all districts of the same type,
as defined by the State Board of Education,
may waive the limitation imposed under this Section for any year following a
public hearing and with the
affirmative vote of at least two-thirds of the members of the school board of
the
district. Any district waiving the limitation shall notify the State Board
within 45 days of such action.
(d) School districts shall file with the State Board of Education by
November 15, 1998 and
by each November 15th thereafter a one-page report that lists
(i) the actual
administrative expenditures for
the
prior year from the district's audited Annual Financial Report, and (ii) the
projected administrative expenditures for the current year from the budget adopted by the school board
pursuant to Section 17-1 of this Code.
If a school district that is ineligible to waive the limitation imposed by
subsection (c) of this Section by board action exceeds the limitation
solely because of circumstances beyond
the control of the district and the district has exhausted all available and
reasonable remedies to comply with the limitation, the district may request a
waiver pursuant to Section 2-3.25g. The waiver application shall specify the
amount,
nature, and reason for the relief requested, as well as all remedies the
district has exhausted to comply with the limitation.
Any emergency relief so requested shall apply only to the specific
school year for which the request is made. The State Board of Education shall
analyze all such waivers submitted and shall recommend that the General
Assembly disapprove any such waiver requested that is not due solely to
circumstances beyond the control of the district and for which the district has
not exhausted all available and reasonable remedies to comply with the
limitation. The State Superintendent shall have
no authority to impose any sanctions pursuant to this Section for any
expenditures for which a waiver has been requested until such waiver has been
reviewed by the General Assembly.
If the report and information required
under this
subsection (d) are not provided by the school district in a timely
manner, or are subsequently determined by
the State Superintendent of Education
to be incomplete or inaccurate, the State Superintendent shall notify the
district in writing of reporting deficiencies. The school district shall,
within 60 days of the notice, address the reporting deficiencies identified.
(e) If the State Superintendent determines that a school district has failed
to comply with the administrative expenditure limitation imposed in subsection
(c) of this Section,
the
State Superintendent shall notify the district of the violation and direct the
district to undertake corrective action to bring the district's budget into
compliance with the administrative expenditure limitation. The district shall,
within 60 days of the notice, provide adequate assurance to the State
Superintendent that appropriate corrective actions have been or will be taken.
If the district fails to provide adequate assurance or fails to undertake the
necessary corrective actions, the State Superintendent may impose progressive
sanctions against the district that may culminate in withholding
all
subsequent payments of general State aid due the district under Section
18-8.05 of
this Code or evidence-based funding due the district under Section 18-8.15 of this Code
until the assurance is provided or the corrective actions taken.
(f) The State Superintendent shall publish a list each year of the school
districts that violate the limitation imposed by subsection (c) of this
Section and a list of the districts that waive the limitation by board
action as provided in subsection (c) of this Section.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/17-1.10) Sec. 17-1.10. Operational funds expenditure report and reserve reduction plan. (a) In the 2024-2025 school year and in each subsequent school year, the school board of any school district that does not receive federal impact aid funding shall calculate the combined, annual average expenditures of its operational funds for the previous 3 fiscal years, as reported in the school district's most recently audited annual financial reports. Operational funds shall include the district's educational, transportation, and operations and maintenance funds. The school board shall annually present a written report covering the annual average expenditures of its operational funds for the previous 3 fiscal years at a board meeting. (b) With respect to a school district to which subsection (a) applies, if the school district's combined cash reserve balance of its operational funds, as most recently reported by the district pursuant to Section 17-1.3 of this Code, exceeds 2.5 times the annual average expenditures of its operational funds for the previous 3 fiscal years, the school board shall adopt and file with the State Board of Education by December 31 a written operational funds reserve reduction plan to reduce, within 3 years, the district's combined cash reserve balance of its operational funds to an amount at or below 2.5 times the annual average expenditures of its operational funds for the previous 3 fiscal years. The State Board shall post any operational funds reserve reduction plans received on the State Board's Internet website.
(Source: P.A. 103-394, eff. 7-28-23.) |
(105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
Sec. 17-2. Tax levies; purposes; rates. Except as otherwise provided in
Articles 12 and 13 of this Act, and except as provided in Section 17-2.2e of this Act, the following maximum rates shall apply to all
taxes levied after August 10, 1965, in districts having a population of less
than 500,000 inhabitants, including those districts organized under Article 11
of the School Code. The school board of any district having a population of
less than 500,000 inhabitants may levy a tax annually, at not to exceed the
maximum rates and for the specified purposes, upon all the taxable property of
the district at the value, as equalized or assessed by the Department of
Revenue as follows:
(1) districts maintaining only grades 1 through 8, | ||
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(2) districts maintaining only grades 9 through 12, | ||
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(3) districts maintaining grades 1 through 12, 1.63% | ||
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(4) all districts, 0.75% for capital improvement | ||
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(5) districts maintaining only grades 1 through 8, | ||
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(6) districts providing summer classes, .15% for | ||
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Whenever any special charter school district operating grades 1
through 12, has organized or shall organize under the general school
law, the district so organized may continue to levy taxes at not to
exceed the rate at which taxes were last actually extended by the
special charter district, except that if such rate at which taxes were
last actually extended by such special charter district was less than
the maximum rate for districts maintaining grades 1 through 12
authorized under this Section, such special charter district
nevertheless may levy taxes at a rate not to exceed the maximum rate for
districts maintaining grades 1 through 12 authorized under this Section,
and except that if any such district maintains only grades 1 through 8,
the board may levy, for educational purposes, at a rate not to exceed
the maximum rate for elementary districts authorized under this Section.
Maximum rates before or after established in excess of those
prescribed shall not be affected by the amendatory Act of 1965.
(Source: P.A. 99-908, eff. 12-16-16.)
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(105 ILCS 5/17-2.1) (from Ch. 122, par. 17-2.1)
Sec. 17-2.1.
Tax for summer school purposes.
The school board in any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a proposition to
authorize an annual tax, as prescribed in Section 17-2, for summer
school educational purposes to be submitted to the voters of such
district at a regular scheduled election.
If a majority of the votes cast on the proposition is in
favor thereof, the school board may thereafter levy the tax as
authorized.
(Source: P.A. 81-1489.)
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(105 ILCS 5/17-2.2) (from Ch. 122, par. 17-2.2)
Sec. 17-2.2.
Back door referendum.
Whenever any school district first levies a tax at a rate within the
limit prescribed by paragraph (3) of Section 17-2 but in excess of the
maximum permissible on July 9, 1957, or within the limit prescribed by
paragraph (1) or (2) of Section 17-2 but in excess of the maximum
permissible on June 30, 1965, or whenever after August 3, 1989 any school
district maintaining only grades kindergarten through 8 first levies a tax
for transportation purposes for any school year which is within the limit
prescribed for that school year by paragraph (5) of Section 17-2 but in
excess of the maximum authorized to be levied for such purposes for the
1988-89 school year, or whenever after August 3, 1989 any school district
first levies a tax for operations and maintenance purposes for any school
year which is within the limit prescribed for that
school year by paragraph (3) of Section 17-2 but in excess of the maximum
authorized to be levied for such purposes for the immediately
preceding school year, the district shall cause to be published such
resolution in at least one or more newspapers published in the district,
within 10 days after such levy is made. The publication of the resolution
shall include a notice of (1) the specific number of voters required to
sign a petition requesting that the question of the adoption of the tax
levy be submitted to the voters of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum.
The district Secretary shall provide a petition form to any individual
requesting one. Any taxpayer in such district may, within 30 days after
such levy is made, file with the Secretary of the board of education a
petition signed by the voters of the district equal to 10% or more of the
registered voters of the district requesting the submission to a referendum
of the following proposition:
"Shall school district No..... be authorized to levy a tax for
(state purposes) in excess of.... but not to exceed.... as authorized
in Section 17-2 of the School Code?" The secretary of the board of education
shall certify the proposition to the proper election authorities for submission
to the electorate at a regular scheduled election in accordance with the
general election law.
If a majority of the voters voting on the proposition vote in favor
thereof, such increased tax shall thereafter be authorized; if a
majority of the vote is against such proposition, the previous maximum
rate authorized shall remain in effect until changed by law.
(Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)
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(105 ILCS 5/17-2.2a) (from Ch. 122, par. 17-2.2a)
Sec. 17-2.2a. Tax for special education programs. (a) The
school board of any district having a population of less than 500,000
inhabitants may, by proper resolution, levy an annual tax upon the value
as equalized or assessed by the Department of Revenue, for special
education purposes, including the purposes authorized by Section 10-22.31b as
follows:
(1) districts maintaining only grades kindergarten | ||
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(2) districts maintaining only grades 9 through 12, | ||
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(3) districts maintaining only grades kindergarten | ||
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The revenue raised by such tax shall be used only for special education
purposes, including the construction and maintenance of special education
facilities.
Upon proper resolution of the school board, the school district may
accumulate such funds for special education building purposes for a
period of 8 years.
Buildings constructed under the provisions of this Section shall comply with
the building code authorized under Section 2-3.12.
If it is no longer feasible or economical to utilize classroom facilities
constructed with revenues raised and accumulated by the tax for special
education building purposes, the district, or cooperative district by
unanimous consent, may with the approval of the regional superintendent
of schools and the State Superintendent of Education use such facilities
for regular school purposes. The district or cooperative of districts
shall make comparable facilities available for special education
purposes at another attendance center which is in a more practical
location due to the proximity of the students served.
(b) If the school board of any district that has levied the tax
authorized by this Section determines that the accumulated funds from
such tax and from the $1,000 State reimbursement per professional worker
received under Section 14-13.02 are no longer required for special
education building purposes, the board may by proper resolution transfer
such funds to any other fund to be used for any special education purposes
authorized by Article 14. Such transfer shall not be made until after the
regional superintendent has certified to the State Superintendent of
Education that adequate housing provisions have been made for all children
with disabilities residing in the school district.
(c) The tax rate limits specified in this Section may be increased to
.40% by districts maintaining only grades kindergarten through 8
or only
grades 9 through 12, and to .80% by districts maintaining grades
kindergarten through 12, upon the approval of a proposition to effect such
increase by a majority of the electors voting on such proposition at a
regular scheduled election. The proposition may be initiated by resolution
of the school board and shall be certified by the secretary to the proper
election authorities for submission in accordance with the general election
law. If at such election a majority of the votes cast on the proposition
is in favor thereof, the school board may thereafter until such authority
is revoked in like manner levy annually the tax so authorized.
(d) The tax rate limits specified in this Section may also be increased as provided in Section 17-2.2e. (Source: P.A. 99-908, eff. 12-16-16.)
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(105 ILCS 5/17-2.2b)
Sec. 17-2.2b. (Repealed).
(Source: P.A. 87-767. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
Sec. 17-2.2c.
Tax for leasing educational facilities or computer technology
or both, and for temporary relocation expense purposes. The school board of
any district, by proper resolution, may levy an annual tax, in
addition to any other taxes and not subject to the limitations specified
elsewhere in this Article, not to exceed .05% upon the value of the taxable
property as equalized or assessed by the Department of Revenue, for the purpose
of leasing educational facilities or computer technology or both, and, in order
to repay the State all moneys distributed to it for temporary relocation
expenses of the district, may levy an annual tax not to exceed .05% upon the
value of the taxable property as equalized or assessed by the Department of
Revenue for a period not to exceed 7 years for the purpose of providing for the
repayment of moneys distributed for temporary relocation expenses of the school
district pursuant to Section 2-3.77.
The tax rate limit specified by this Section with respect to an annual
tax levied for the purpose of leasing educational facilities or computer
technology or both may be
increased to .10% upon the approval of a proposition to effect such
increase by a majority of the electors voting on that proposition at a
regular scheduled election. Such proposition may be initiated by
resolution of the school board and shall be certified by the secretary to
the proper election authorities for submission in accordance with the
general election law.
The tax rate limit specified in this Section may also be increased as provided in Section 17-2.2e. The district is authorized to pledge any tax levied pursuant to this
Section for the purpose of leasing educational facilities or computer
technology or both to secure the payment of any lease, lease-purchase
agreement, or installment purchase agreement entered into by the district for
such purpose.
For the purposes of this Section, "leasing of educational facilities or
computer technology or both" includes any payment with respect to a lease,
lease-purchase agreement, or installment purchase agreement to acquire or use
buildings, rooms, grounds, and appurtenances to be used by the district for the
use of schools or for school administration purposes and all
equipment, fixtures, renovations, and improvements to existing facilities of
the district necessary to accommodate computers, as well as computer hardware
and software.
Any school district may abolish or abate its fund for leasing educational
facilities or computer technology or both and for temporary relocation
expense purposes upon the adoption
of a resolution so providing and upon a determination by the school board that
the moneys in the fund are no longer needed for leasing educational facilities
or computer technology or both or for temporary relocation expense
purposes. The resolution shall direct the
transfer of any balance in the fund to another school district fund or funds
immediately upon the resolution taking effect. Thereafter, any outstanding
taxes of the school district levied pursuant to this Section shall be
collected and paid into the fund or funds as directed by the school board.
Nothing in this Section shall prevent a school district that has abolished or
abated the fund from again creating a fund for leasing educational facilities
and for temporary relocation expense purposes in the manner provided in this
Section.
(Source: P.A. 99-908, eff. 12-16-16.)
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(105 ILCS 5/17-2.2d)
Sec. 17-2.2d. Special taxing and bonding for temporary relocation expense and emergency replacement purposes. (a) In addition to any other taxes and notwithstanding any limitation imposed by the Property Tax Extension Limitation Law or any other limitations specified in this Code or any other law, the school board of any district subject to this Code that meets the criteria specified in subsection (c) of this Section, may, by proper resolution, levy an annual tax not to exceed 0.05% upon the value of the taxable property as equalized or assessed by the Department of Revenue for a period not to exceed 7 years for the purpose of providing for the repayment of moneys paid to the district for temporary relocation expenses of the district pursuant to Section 2-3.77 of this Code. (b) The school board of any district that meets the criteria specified in subsection (c) of this Section may repair, reconstruct, or replace a condemned building without seeking referendum approval for the repair, reconstruction, or replacement.
(c) In order for this Section to apply, the school district must (i) be located in a county subject to the Property Tax Extension Limitation Law and (ii) have had a school building condemned within 10 years after the building's initial occupancy.
(d) Notwithstanding any limitation imposed by the Property Tax Extension Limitation Law or any other limitations specified in this Code or any other law, the school board of any district that meets the criteria specified in subsection (c) of this Section, may, by proper resolution, issue bonds, without referendum, in an amount sufficient to finance the total cost of repair, reconstruction, or replacement of the condemned building, including the costs of providing for the payment of any obligations heretofore or hereafter entered into for such purposes. Any premium and all interest earnings on the proceeds of the bonds so issued shall be used for the purposes for which the bonds were issued. The proceeds of any bonds issued under this Section shall be deposited and accounted for separately within the district's site and construction/capital improvements fund. The recording officer of the board shall file in the office of the county clerk of each county in which a portion of the district is situated a certified copy of the resolution providing for the issuance of the bonds and levy of a tax without limit as to rate or amount to pay the bonds. Bonds issued under this Section and any bonds issued to refund those bonds are not subject to any debt limitation imposed by this Code or any other law.
(e) The school board, as an express condition to receiving a temporary relocation loan under Section 2-3.77 of this Code, must agree to levy the tax provided in this Section at the maximum rate permitted and to pay to the State of Illinois for deposit into the Temporary Relocation Expenses Revolving Grant Fund (i) all proceeds of the tax attributable to the first year and succeeding years for which the tax is levied after moneys appropriated for purposes of Section 2-3.77 have been distributed to the school district and (ii) all insurance proceeds that become payable to the district under those provisions of any contract or policy of insurance that provide reimbursement for or other coverage against loss with respect to any temporary relocation expenses of the district or proceeds of any legal judgment or settlement regarding the temporary relocation expenses incurred by the district, provided that the aggregate of any tax and insurance or other proceeds paid by the district to the State pursuant to this subsection (e) shall not exceed in amount the moneys distributed to the district pursuant to Section 2-3.77 as a loan or grant.
(f) If bonds under this Section have been issued by the school district and the purposes for which the bonds have been issued are accomplished and paid for in full and there remain funds on hand from the proceeds of the bonds or interest earnings or premiums, then the school board, by resolution, shall transfer those excess funds to the district's bond and interest fund for the purpose of abating taxes to pay debt service on the bonds or for defeasance of the debt or both.
(g) If the school district receives a construction grant under the School Construction Law or any other law and the purposes for which the grant was issued are accomplished and paid for in full and there remains funds on hand from the grant or interest earnings thereon, then the excess funds shall be paid to the State of Illinois for deposit into the School Construction Fund or other State fund from which the construction grant was paid. (h) All insurance proceeds that become payable to the school district under those provisions of a contract or policy of insurance that provide reimbursement for or other coverage against losses other than with respect to any temporary relocation expenses of the district or proceeds of any legal judgment or settlement regarding the repair, reconstruction, or replacement of the condemned building shall be applied to the repair, reconstruction, or replacement. If the project is completed and, therefore, all costs have been paid for in full and there remain funds on hand, including any interest earnings thereon, from the insurance coverage, legal judgment, or settlement, then a portion of those excess funds equal to the State's share of the construction cost of the project shall be paid to the State of Illinois for deposit into the School Construction Fund or other State fund from which the construction grant was paid, and the remainder of the excess funds shall be transferred to the district's bond and interest fund for the purpose of abating taxes to pay debt service on the bonds or for defeasance of the debt or both. If no debt service remains to be paid, then the excess may be transferred to whichever fund that, as determined by the school board, is most in need of the funds.
(Source: P.A. 93-690, eff. 7-1-04; 94-690, eff. 11-2-05.) |
(105 ILCS 5/17-2.2e) Sec. 17-2.2e. Maximum tax rates. Notwithstanding any other provision of law, beginning in levy year 2016, a school district that contains a federal military installation and is eligible to receive impact aid under Section 8003(b) of the federal Elementary and Secondary Education
Act or any successor program may, subject to the restrictions set forth in this Section, levy taxes for any of the following purposes at a rate that exceeds the maximum rate set forth in Section 17-2, Section 17-2.2a, or Section 17-2.2c, as applicable: (1) for educational purposes; (2) for operations and maintenance purposes; (3) for special education programs; (4) for leasing educational facilities or computer | ||
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(5) for transportation purposes. If the school district levies a tax for any of the purposes set forth in items (1) through (5) that exceeds the maximum rate set forth for that purpose, it shall first adopt an ordinance setting forth the preliminary tax rates for all purposes for the taxable year and submit those extensions and rates to the county clerk. The tax rates for items (1) through (5), as provided in that ordinance, may not exceed the maximum rates for those purposes set forth in Section 17-2, Section 17-2.2a, or Section 17-2.2c. Upon receiving the tax levy confirmation with the extensions and rates from the county clerk, the district may, at a public hearing, adopt an ordinance adjusting those preliminary tax rates. Notice of the public hearing shall be provided in the form and manner set forth in Sections 18-75 and 18-80 of the Property Tax Code not more than 14 days nor less than 7 days prior to the date of the public hearing. The adjusted tax rates for items (1) through (5) may exceed the maximum rates, provided that the adjusted aggregate tax rate for all purposes may not exceed the aggregate tax rate for all purposes set forth in the ordinance setting forth the preliminary tax rates.
(Source: P.A. 99-908, eff. 12-16-16.) |
(105 ILCS 5/17-2.3) (from Ch. 122, par. 17-2.3)
Sec. 17-2.3.
Capital improvement purposes; referendum.
The school board of
any district desiring to levy and accumulate for not more than 6 years the
capital improvements purposes tax provided for in paragraph (4) of Section 17-2
of this Act shall pass a resolution for the levy of said tax, and in such
resolution shall describe the capital improvements for which the tax is to be
levied and the funds derived therefrom are to be spent. As used in this Section
and in paragraph (4) of Section 17-2, capital improvements include but are not
limited to the construction of a new school building or buildings or the
purchase of school grounds on which any new school building is to be
constructed or located, or both. The resolution shall cause the proposition
for the levy of the tax provided for in paragraph (4) of Section 17-2 of this
Act to be certified to the proper election authorities for submission to the
electors of the district at a regular scheduled election in accordance with the
general election law. The proposition shall generally describe the capital
improvements for which the tax is to be levied and the funds derived therefrom
are to be spent.
If the proposition is approved by a majority of the electors voting
thereon, the school district may thereafter levy such capital improvement
purposes tax and accumulate funds for not more than 6 years for the capital
improvements described in the resolution and on the ballot. Such school
district shall also invest such accumulated funds until spent for the capital
improvements described in the resolution and on the ballot in accordance with
the provisions of the Public Funds Investment Act.
Any proceeds derived from a capital improvements tax or the accumulation of
monies for capital improvements described in the resolution and on the ballot
shall be accounted for separately within the Site and Construction/Capital
Improvement Fund.
(Source: P.A. 87-984; 87-1023; 88-45.)
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(105 ILCS 5/17-2.4) (from Ch. 122, par. 17-2.4)
Sec. 17-2.4.
Tax for area vocational education building programs.
The school board of any district having a population of less than
500,000 inhabitants may, by proper resolution, levy an annual tax of not
more than .05% upon the value as equalized or assessed by the Department
of Revenue for such purpose, and may accumulate such
tax for not more than 5 years, for area vocational education building
purposes, including the purposes authorized by Section 10-22.31b of this
Act, upon condition that there are not sufficient funds available in the
operations and maintenance fund of the district to pay the
cost thereof. Such tax shall not be levied without prior approval of the
State Superintendent of Education and prior approval by a majority of
the electors voting upon the proposition at an
election, the proposition
having been certified by the secretary of the school board to the proper
election authorities for submission to the electorate in accordance with
the general election law.
When the school boards of two or more districts enter into a joint
agreement for an area vocational education building program under
Section 10-22.31b their agreement may provide, or may be amended to
provide, that the question of the levy of the tax authorized by this
Section shall be certified to the proper election authorities, for submission
to the voters of all of the participating
districts in accordance with the general election law, in the same election
and that the approval of that levy by a
majority of the electors voting upon the proposition in the area
comprised of the participating districts, considered as a whole, shall
be deemed to authorize that levy in each participating district without
regard to the passage or failure of the proposition in any district
considered separately. However, the school board of any district may
withdraw from the joint agreement by reason of the failure of the
electors of that district to approve the proposed levy.
(Source: P.A. 86-970.)
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(105 ILCS 5/17-2.5) (from Ch. 122, par. 17-2.5)
Sec. 17-2.5. Tax for tort immunity. The school board of any district
may by proper resolution levy an annual tax upon the value of the taxable
property within its territory as equalized or assessed by the Department of
Revenue at a rate that will produce a sum sufficient (i) to pay the cost of
settlements or judgments under Section 9-102 of the Local Governmental and
Governmental Employees Tort Immunity Act, (ii) to pay the cost of settlements or judgments under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Environmental Protection Act, but only until December 31, 2010, (iii) to
pay the costs of protecting itself or its employees against liability,
property damage or loss, including all costs and reserves of being a member
of an insurance pool, under Section 9-103 of the Local Governmental and Governmental Employees Tort Immunity Act, (iv) to pay the costs of
and principal and interest on bonds issued under Section 9-105 of the Local Governmental and Governmental Employees Tort Immunity
Act,
(v) to pay tort judgments or settlements under Section 9-104 of the Local Governmental and Governmental Employees Tort Immunity Act to
the extent necessary to discharge such obligations, and (vi) to pay the cost of
risk care management programs in accordance with Section 9-107 of the Local Governmental and Governmental Employees Tort Immunity
Act.
(Source: P.A. 95-244, eff. 8-17-07.)
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(105 ILCS 5/17-2.6)
Sec. 17-2.6. (Repealed).
(Source: P.A. 86-668. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) Sec. 17-2.11. School board power to levy a tax or to borrow money and
issue bonds for fire prevention, safety, energy conservation,
accessibility, school security, and specified repair purposes. (a) Whenever, as a
result of any lawful order of any agency,
other than a school board, having authority to enforce any school building code
applicable to any facility that houses students, or any law or regulation for
the protection and safety of the environment, pursuant to the Environmental
Protection Act, any school district having a population of less than 500,000
inhabitants is required to alter or reconstruct any school building or
permanent, fixed equipment; the district may, by proper resolution, levy a tax for the purpose of making such alteration or reconstruction, based on a survey report by an architect or engineer licensed in this State, upon all of the taxable property of the district at the value as assessed by the Department of Revenue and at a rate not to exceed 0.05% per year for a period sufficient to finance such alteration or reconstruction, upon the following conditions: (1) When there are not sufficient funds available in | ||
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(2) When a certified estimate of an architect or | ||
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In the case of an emergency situation, where the estimated cost to effectuate emergency repairs is less than the amount specified in Section 10-20.21 of this Code, the school district may proceed with such repairs prior to approval by the State Superintendent of Education, but shall comply with the provisions of subdivision (2) of this subsection (a) as soon thereafter as may be as well as Section 10-20.21 of this Code. If the estimated cost to effectuate emergency repairs is greater than the amount specified in Section 10-20.21 of this Code, then the school district shall proceed in conformity with Section 10-20.21 of this Code and with rules established by the State Board of Education to address such situations. The rules adopted by the State Board of Education to deal with these situations shall stipulate that emergency situations must be expedited and given priority consideration. For purposes of this paragraph, an emergency is a situation that presents an imminent and continuing threat to the health and safety of students or other occupants of a facility, requires complete or partial evacuation of a building or part of a building, or consumes one or more of the 5 emergency days built into the adopted calendar of the school or schools or would otherwise be expected to cause such school or schools to fall short of the minimum school calendar requirements. (b) Whenever any such district determines that
it is necessary for energy conservation purposes that any school building
or permanent, fixed equipment should be altered or reconstructed and
that such alterations or reconstruction will be made with funds not necessary
for the completion of approved and recommended projects contained in any safety
survey report or amendments thereto authorized by Section 2-3.12 of this Act; the district may levy a tax or issue bonds as provided in subsection (a) of this Section. (c) Whenever
any such district determines that it is necessary for accessibility purposes and to comply with the school building
code that any
school building or equipment should be altered or reconstructed and that such
alterations or reconstruction will be made with
funds not necessary for the completion of approved and recommended projects
contained in any safety survey report or amendments thereto authorized under
Section 2-3.12 of this Act, the district may levy a tax or issue bonds as provided in subsection (a) of this Section. (d) Whenever any such district determines that it is
necessary for school
security purposes and the related protection and safety of pupils and school
personnel that any school building or property should be altered or
reconstructed or that security systems and equipment (including but not limited
to intercom, early detection and warning, access control and television
monitoring systems) should be purchased and installed, and that such
alterations, reconstruction or purchase and installation of equipment will be
made with funds not necessary for the completion of approved and recommended
projects contained in any safety survey report or amendment thereto authorized
by Section 2-3.12 of this Act and will deter and prevent unauthorized entry or
activities upon school property by unknown or dangerous persons, assure early
detection and advance warning of any such actual or attempted unauthorized
entry or activities and help assure the continued safety of pupils and school
staff if any such unauthorized entry or activity is attempted or occurs;
the district may levy a tax or issue bonds as provided in subsection (a) of this Section. If such a school district determines that it is necessary for school security purposes and the related protection and safety of pupils and school staff to hire a school resource officer or that personnel costs for school counselors, mental health experts, or school resource officers are necessary and the district determines that it does not need funds for any of the other purposes set forth in this Section, then the district may levy a tax or issue bonds as provided in subsection (a). (e) If a school district does not need funds for other fire prevention and
safety projects, including the completion of approved and recommended projects
contained in any safety survey report or amendments thereto authorized by
Section 2-3.12 of this Act, and it is determined after a public hearing (which
is preceded by at least one published notice (i) occurring at least 7 days
prior to the hearing in a newspaper of general circulation within the school
district and (ii) setting forth the time, date, place, and general subject
matter of the hearing) that there is a
substantial, immediate, and otherwise unavoidable threat to the health, safety,
or welfare of pupils due to disrepair of school sidewalks, playgrounds, parking
lots, or school bus turnarounds and repairs must be made; then the district may levy a tax or issue bonds as provided in subsection (a) of this Section. (f) For purposes of this Section a school district may replace a school
building or build additions to replace portions of a building when it is
determined that the effectuation of the recommendations for the existing
building will cost more than the replacement costs. Such determination shall
be based on a comparison of estimated costs made by an architect or engineer
licensed in the State of Illinois. The new building or addition shall be
equivalent in area (square feet) and comparable in purpose and grades served
and may be on the same site or another site. Such replacement may only be done
upon order of the regional superintendent of schools and the approval of the
State Superintendent of Education. (g) The filing of a certified copy of the resolution levying the tax when
accompanied by the certificates of the regional superintendent of schools and
State Superintendent of Education shall be the authority of the county clerk to
extend such tax. (h) The county clerk of the county in which any school district levying a
tax under the authority of this Section is located, in reducing raised
levies, shall not consider any such tax as a part of the general levy
for school purposes and shall not include the same in the limitation of
any other tax rate which may be extended. Such tax shall be levied and collected in like manner as all other
taxes of school districts, subject to the provisions contained in this Section. (i) The tax rate limit specified in this Section may be increased to .10%
upon the approval of a proposition to effect such increase by a majority
of the electors voting on that proposition at a regular scheduled election.
Such proposition may be initiated by resolution of the school board and
shall be certified by the secretary to the proper election authorities for
submission in accordance with the general election law. (j) When taxes are levied by any school district for fire prevention,
safety, energy conservation, and school security purposes as specified in this
Section, and the purposes for which the taxes have been
levied are accomplished and paid in full, and there remain funds on hand in
the Fire Prevention and Safety Fund from the proceeds of the taxes levied,
including interest earnings thereon, the school board by resolution shall use
such excess and other board restricted funds, excluding bond proceeds and
earnings from such proceeds, as follows: (1) for other authorized fire prevention, safety, | ||
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(2) for transfer to the Operations and Maintenance | ||
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Notwithstanding subdivision (2) of this subsection (j) and subsection (k) of this Section, through June 30, 2021, the school board
may, by proper resolution following a public hearing set by the
school board or the president of the school board (that is
preceded (i) by at least one published notice over the name of
the clerk or secretary of the board, occurring at least 7 days
and not more than 30 days prior to the hearing, in a newspaper
of general circulation within the school district and (ii) by
posted notice over the name of the clerk or secretary of the
board, at least 48 hours before the hearing, at the principal
office of the school board or at the building where the hearing
is to be held if a principal office does not exist, with both
notices setting forth the time, date, place, and subject matter
of the hearing), transfer surplus life safety taxes and interest earnings thereon to the Operations and Maintenance Fund for building repair work. (k) If any transfer is made to the Operation and Maintenance
Fund, the secretary of the school board shall within 30 days notify
the county clerk of the amount of that transfer and direct the clerk to
abate the taxes to be extended for the purposes of operations and
maintenance authorized under Section 17-2 of this Act by an amount equal
to such transfer. (l) If the proceeds from the tax levy authorized by this
Section are insufficient to complete the work approved under this
Section, the school board is authorized to sell bonds without referendum
under the provisions of this Section in an amount that, when added to the
proceeds of the tax levy authorized by this Section, will allow completion
of the approved work. (m) Any bonds issued pursuant to this Section shall bear interest at a rate not to exceed the maximum rate
authorized by law at the time of the making of the contract, shall mature
within 20 years from date, and shall be signed by the president of the school
board and the treasurer of the school district. (n) In order to authorize and issue such bonds, the school board shall adopt
a resolution fixing the amount of bonds, the date thereof, the maturities
thereof, rates of interest thereof, place of payment and denomination,
which shall be in denominations of not less than $100 and not more than
$5,000, and provide for the levy and collection of a direct annual tax upon
all the taxable property in the school district sufficient to pay the
principal and interest on such bonds to maturity. Upon the filing in the
office of the county clerk of the county in which the school district is
located of a certified copy of the resolution, it is the duty of the
county clerk to extend the tax therefor in addition to and in excess of all
other taxes heretofore or hereafter authorized to be
levied by such school district. (o) After the time such bonds are issued as provided for by this Section, if
additional alterations or reconstructions are required to be made because
of surveys conducted by an architect or engineer licensed in the State of
Illinois, the district may levy a tax at a rate not to exceed .05% per year
upon all the taxable property of the district or issue additional bonds,
whichever action shall be the most feasible. (p) This Section is cumulative and constitutes complete authority for the
issuance of bonds as provided in this Section notwithstanding any other
statute or law to the contrary. (q) With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-004
(June 6, 1989), it is, and always has been, the intention of the General
Assembly (i) that the Omnibus Bond Acts are, and always have been,
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts. (r) When the purposes for which the bonds are issued have been accomplished
and paid for in full and there remain funds on hand from the proceeds of
the bond sale and interest earnings therefrom, the board shall, by
resolution, use such excess funds in accordance with the provisions of
Section 10-22.14 of this Act. (s) Whenever any tax is levied or bonds issued for fire prevention, safety,
energy conservation, and school security purposes, such proceeds shall be
deposited and accounted for separately within the Fire Prevention and Safety
Fund.(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19; 101-643, eff. 6-18-20.) |
(105 ILCS 5/17-2.11b)
Sec. 17-2.11b. (Repealed).
(Source: P.A. 90-566, eff. 1-2-98. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-2.11c) Sec. 17-2.11c. Validation; St. Joseph Ogden Community High School District 305. If, prior to the effective date of this amendatory Act of the 96th General Assembly, St. Joseph Ogden Community High School District 305 has levied and the county clerk has extended taxes for the purposes described in Section 17-2.11 of this Code without the certificates of the regional superintendent of schools and the State Superintendent of Education required by Section 17-2.11, then the tax levies and extensions and the expenditures by the school district of the extended amounts are hereby validated for all purposes to the same extent as if the district had received and filed the necessary certifications prior to the tax levies and extensions and had expended the funds in full compliance with Section 17-2.11.
(Source: P.A. 96-258, eff. 8-11-09.) |
(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
Sec. 17-2A. Interfund transfers. (a) The school board of any district having a population of less than
500,000 inhabitants may, by proper resolution following a public hearing
set by the school board or the president of the school board
(that is preceded (i) by at least one published notice over the name of
the clerk
or secretary of the board, occurring at least 7 days and not more than 30
days
prior to the hearing, in a newspaper of general circulation within the
school
district and (ii) by posted notice over the name of the clerk or secretary of
the board, at least 48 hours before the hearing, at the principal office of the
school board or at the building where the hearing is to be held if a principal
office does not exist, with both notices setting forth the time, date, place,
and subject matter of the
hearing), transfer money from (1) the Educational Fund to the Operations
and
Maintenance Fund or the Transportation Fund, (2) the Operations and
Maintenance Fund to the Educational Fund or the Transportation Fund, (3) the
Transportation Fund to the Educational Fund or the Operations and Maintenance
Fund, or (4) the Tort Immunity Fund to the Operations and Maintenance Fund of said
district,
provided that, except during the period from July 1, 2003 through June 30, 2024, such transfer is made solely for the purpose of meeting one-time,
non-recurring expenses. Except during the period from July 1, 2003 through
June 30, 2026 and except as otherwise provided in subsection (b) of this Section, any other permanent interfund transfers authorized
by any provision or judicial interpretation of this Code for which the
transferee fund is not precisely and specifically set forth in the provision of
this Code authorizing such transfer shall be made to the fund of the school
district most in need of the funds being transferred, as determined by
resolution of the school board. (b) (Blank).
(c) Notwithstanding subsection (a) of this Section or any other provision of this Code to the contrary, the school board of any school district (i) that is subject to the Property Tax Extension Limitation Law, (ii) that is an elementary district servicing students in grades K through 8, (iii) whose territory is in one county, (iv) that is eligible for Section 7002 Federal Impact Aid, and (v) that has no more than $81,000 in funds remaining from refinancing bonds that were refinanced a minimum of 5 years prior to January 20, 2017 (the effective date of Public Act 99-926) may make a one-time transfer of the funds remaining from the refinancing bonds to the Operations and Maintenance Fund of the district by proper resolution following a public hearing set by the school board or the president of the school board, with notice as provided in subsection (a) of this Section, so long as the district meets the qualifications set forth in this subsection (c) on January 20, 2017 (the effective date of Public Act 99-926). (d) Notwithstanding subsection (a) of this Section or any other provision of this Code to the contrary, the school board of any school district (i) that is subject to the Property Tax Extension Limitation Law, (ii) that is a community unit school district servicing students in grades K through 12, (iii) whose territory is in one county, (iv) that owns property designated by the United States as a Superfund site pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that has an excess accumulation of funds in its bond fund, including funds accumulated prior to July 1, 2000, may make a one-time transfer of those excess funds accumulated prior to July 1, 2000 to the Operations and Maintenance Fund of the district by proper resolution following a public hearing set by the school board or the president of the school board, with notice as provided in subsection (a) of this Section, so long as the district meets the qualifications set forth in this subsection (d) on August 4, 2017 (the effective date of Public Act 100-32). (Source: P.A. 101-643, eff. 6-18-20; 102-671, eff. 11-30-21; 102-895, eff. 5-23-22.)
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(105 ILCS 5/17-2B) (from Ch. 122, par. 17-2B)
Sec. 17-2B.
Transfer from operations and maintenance fund to educational
fund. In counties having a population in excess of 600,000 and less than
2,000,000 inhabitants, the school board of an elementary school district
maintaining only grades kindergarten through 8 and having an enrollment of
less than 800 students may, by proper resolution, cause a proposition to
transfer moneys accumulated in its operations and maintenance fund to its
educational fund to be submitted to the voters of the school district at a
regular scheduled election held in accordance with Article 9 and the
general election law of the State; provided, however, that no such
resolution, referendum or transfer shall be adopted, held or approved
pursuant to this Section unless at the time such resolution is adopted by
the school board: (i) the school district has no bonded indebtedness
outstanding, has in excess of $1,000,000 accumulated in its operations and
maintenance fund and has in each of the 16 years preceding adoption of the
resolution levied taxes for both educational purposes and for operations
and maintenance purposes at the maximum rates from time to time
permitted by law to be levied by such district; and (ii) the voters of the
district have not at any time previously by referendum approved or refused
to approve the transfer of any moneys from the operations and
maintenance fund to the educational purposes fund.
If a majority of the votes cast on the proposition at a referendum
authorized by this Section is in favor of the proposition, the school board
may thereafter transfer the moneys from the operations and maintenance fund
to the educational fund as approved by the voters of the school district.
(Source: P.A. 86-225; 86-970; 86-1028; 86-1334.)
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(105 ILCS 5/17-2C)
Sec. 17-2C. (Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 94-234, eff. 7-1-06.)
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(105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
Sec. 17-3. Additional levies-Submission to voters. (a) The school board in any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a proposition to
increase, for a limited period of not less than 3 nor more than 10 years or
for an unlimited period, the
annual tax rate for educational purposes to be submitted to
the voters of such district at a regular scheduled election as
follows:
(1) in districts maintaining grades 1 through 8, or | ||
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(2) in districts maintaining grades 1 through 12 the | ||
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(A) For 2 years following the formation of the | ||
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(B) In each subsequent year, the maximum rate | ||
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If the resolution of the school board seeks to increase the annual tax rate
for educational purposes for a limited period of not less than 3 nor more than
10 years, the proposition shall
so state and shall identify the years for which the tax increase is sought.
If
a majority of the votes cast on the proposition is in favor
thereof at an election for which the election authorities have given notice
either (i) in accordance with Section 12-5 of the Election Code or (ii) by
publication of a true and legible copy of the specimen ballot label containing
the proposition in the form in which it appeared or will appear on the official
ballot label on the day of the election at least 5 days before the day of the
election in at least one newspaper published in and having a general
circulation in the district, the school board may thereafter, until such
authority is
revoked in like manner, levy annually the tax so authorized; provided that if
the proposition as approved limits the increase in the annual tax rate of the
district for educational purposes to a period of not less than 3 nor more than
10 years, the district may,
unless such authority is sooner revoked in like manner, levy annually the tax
so authorized for the limited number of years approved by a majority of the
votes cast on
the proposition. Upon expiration of that limited period, the rate at which the
district may annually levy
its tax for educational purposes shall be the rate provided under Section 17-2,
or the rate at which the district last levied its tax for educational purposes
prior to approval of the proposition authorizing the levy of that tax at an
increased rate, whichever is greater.
The school board shall certify the proposition to the proper election
authorities
in accordance with the general election law.
The provisions of this Section concerning notice of the tax rate increase
referendum apply only to consolidated primary elections held prior to January
1, 2002 at which not less than
55% of the voters voting on the tax rate increase proposition voted in favor
of the
tax rate increase proposition.
(b) Beginning on the effective date of this amendatory Act of the 97th General Assembly, if a unit district is being established from an elementary district or districts and a high school district, pursuant to Article 11E of this Code, and the combined rate of the elementary district or districts and the high school district prior to the formation of the unit district is greater than 4.00% for educational purposes, then the maximum rate for educational purposes for the unit district shall be the following: (1) For the first year following the formation of the | ||
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(2) For the second year after the formation of the | ||
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(3) For the third year after the formation of the new | ||
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(4) For the fourth year after the formation of the | ||
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(5) For the fifth year after the formation of the new | ||
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(Source: P.A. 97-1022, eff. 1-1-13.)
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(105 ILCS 5/17-3.1)
Sec. 17-3.1. (Repealed).
(Source: P.A. 81-1489. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-3.2) (from Ch. 122, par. 17-3.2)
Sec. 17-3.2.
Additional or supplemental budget.
Whenever the voters of a school district have voted in favor of an
increase in the annual tax rate for educational or operations and
maintenance purposes or both at an election held after the adoption of the
annual school budget for any fiscal year, the board may adopt or pass
during that fiscal year an additional or supplemental budget under the sole
authority of this Section by a vote of a majority of the full membership of
the board, any other provision of this Article to the contrary
notwithstanding, in and by which such additional or supplemental budget the
board shall appropriate such additional sums of money as it may find
necessary to defray expenses and liabilities of that district to be
incurred for educational or operations and maintenance purposes
or both of the district during that fiscal year, but not in excess of the
additional funds estimated to be available by virtue of such voted increase
in the annual tax rate for educational or operations and
maintenance purposes or both. Such additional or supplemental budget shall
be regarded as an amendment of the annual school budget for the fiscal year
in which it is adopted, and the board may levy the additional tax for
educational or operations and maintenance purposes or both to
equal the amount of the additional sums of money appropriated in that
additional or supplemental budget, immediately.
(Source: P.A. 86-1334.)
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(105 ILCS 5/17-3.3)
Sec. 17-3.3. (Repealed).
(Source: P.A. 77-504. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-3.4) (from Ch. 122, par. 17-3.4)
Sec. 17-3.4.
Form of ballot and notice.
Except as otherwise provided
under subsection (d) of Section 17-6.1, whenever any proposition to
authorize or to levy an annual tax, or to increase the annual rate of tax
levied by any school district, for any school purpose is submitted to the
voters of such district at any election, each required notice or other
publication of the election or referendum and the form of ballot shall
contain, in addition to any other matters required by law:
(a) the geographic or other common name of the school district by
which that district is commonly known and referred to, as well as the
number of the district;
(b) the maximum rate at which such tax may be levied if the
proposition is approved;
(c) the total dollar amount of the most recently approved annual
budget of the school district, what the total dollar amount of that annual
budget would be if increased by the amount of additional tax which may be
levied if the proposition is approved, and what would be the percentage of
increase in the total dollar amount of the most recently approved annual
budget of the school district if such total dollar amount were increased by
the amount of additional tax which may be levied if the proposition is
approved; and
(d) if the proposition is to increase the annual rate of an existing
tax levied by the school district, then in addition to the matters set
forth in (a), (b) and (c) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum
rate at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 86-579; 86-1318.)
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(105 ILCS 5/17-3.5) Sec. 17-3.5. Maximum-authorized district educational purposes tax rate. If, at any election held prior to March 19, 2004, the voters of a school district having a population of less than 500,000 inhabitants approved the proposition to increase the educational purposes tax rate of the district and the proposition to increase the rate set forth as the existing maximum-authorized educational purposes tax rate of the district the tax rate most recently extended for educational purposes, then, for the purposes of this Code and the Property Tax Code, the maximum-authorized educational purposes tax rate of the district shall be calculated as follows:
(1) for the first tax year affected by the results of | ||
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(2) for each tax year thereafter, the district's | ||
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Within 10 days after the effective date of this amendatory Act of the 93rd General Assembly, the school board of any school district affected by this subsection (a) may, notwithstanding the requirements of any other law to the contrary, amend its certificate of tax levy for any year for which its equalized assessed valuation has not yet been certified by the county clerk. The amended certificate of tax levy shall be filed with the county clerk within the 10-day period after the effective date of this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93-1059, eff. 12-8-04.) |
(105 ILCS 5/17-3.6) Sec. 17-3.6. Educational purposes tax rate for school districts subject to Property Tax Extension Limitation Law. Notwithstanding the provisions, requirements, or limitations of this Code or any other law, any tax levied for educational purposes by a school district subject to the Property Tax Extension Limitation Law for the 2016 levy year or any subsequent levy year may be extended at a rate exceeding the rate established for educational purposes by referendum or this Code, provided that the rate does not cause the school district to exceed the limiting rate applicable to the school district under the Property Tax Extension Limitation Law for that levy year.
(Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/17-3A)
Sec. 17-3A.
Apportionment; tax objections; court decisions; adjustments of
levies and refunds to tax objectors. Notwithstanding any other provision of
this Code, if a court, in any tax objection based on the apportionment of an
overlapping taxing district under Section 18-155 of the Property Tax Code, for
any year prior to the year of the effective date of this amendatory Act of the
92nd General Assembly, enters a final judgment that there was an over extension
or under extension of taxes for an overlapping taxing district based on the
apportionment under Section 18-155 of the Property Tax Code for the year for
which the objection was filed, the county clerks of each county in which there
was an under extension of a levy of a school district shall proportionately
increase the levy of that school district by an amount specified in the court
order in that county in the subsequent year or in any subsequent year following
the final judgment of the court. The increase in the levy of the school
district, when extended, shall be set forth as a separate item on the tax bills
of affected taxpayers. Notwithstanding any other provision of law, the
increase in the levy and the extension thereof shall not be subject to any
limitations on levies or extensions imposed by this Code or the Property Tax
Code. The funds collected pursuant to a levy increase authorized by this
Section and Section 18-155 of the Property Tax Code shall be delivered to the
county collector of each county in which there was an over extension for
distribution to the tax objectors in accordance with the court order.
(Source: P.A. 92-377, eff. 8-16-01.)
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(105 ILCS 5/17-4) (from Ch. 122, par. 17-4)
Sec. 17-4.
Increase tax rate for transportation.
The school board of any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a proposition to
increase the annual tax rate for transportation purposes to be submitted
to the voters of such district at a regular scheduled election. The board
shall certify the proposition to the proper election authority for submission
in accordance with the general election law.
If at such election a
majority of the votes cast on the proposition is in favor thereof the
school board may thereafter until such authority is revoked in like
manner levy annually the tax so authorized.
(Source: P.A. 82-461.)
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(105 ILCS 5/17-5) (from Ch. 122, par. 17-5)
Sec. 17-5. Increase tax rates for operations and maintenance purposes-Maximum. (a) The school board in any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a proposition to
increase the annual tax rate for operations and maintenance purposes to be
submitted to the voters of the district at a regular scheduled election.
The board shall certify the proposition to the proper election authority
for submission to the elector in accordance with the general election law.
In districts maintaining grades 1 through 8,
or grades 9 through 12, the maximum rate for operations and
maintenance purposes shall not exceed .55%; and in districts maintaining
grades 1 through 12, the maximum rates for operations and
maintenance purposes shall not exceed .75%, except that if a single elementary
district and a secondary district having boundaries that are coterminous
on the effective date of this amendatory Act form a community unit district
as authorized under Section 11-6, the maximum rate for operation
and maintenance purposes for such district shall not exceed 1.10% of the
value as equalized or assessed by the Department of Revenue; and in such
district maintaining grades 1 through 12, funds may, subject to the
provisions of Section 17-5.1 accumulate to not more than 5% of the
equalized assessed valuation of the district. No such accumulation shall
ever be transferred or used for any other purpose. If a majority of the
votes cast on the proposition is in favor thereof, the school board may
thereafter, until such authority is revoked in like manner, levy annually a
tax as authorized.
(b) Beginning on the effective date of this amendatory Act of the 97th General Assembly, if a unit district is being established from an elementary district or districts and a high school district, pursuant to Article 11E of this Code, and the combined rate of the elementary district or districts and the high school district prior to the formation of the unit district is greater than 0.75% for operations and maintenance purposes, then the maximum rate for operations and maintenance purposes for the unit district shall be the following: (1) For the first year following formation of the new | ||
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(2) For the second year after formation of the new | ||
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(3) For the third year after the formation of the new | ||
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(4) For the fourth year after the formation of the | ||
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(5) For the fifth year after the formation of the new | ||
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(Source: P.A. 97-1022, eff. 1-1-13.)
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(105 ILCS 5/17-5.1) (from Ch. 122, par. 17-5.1)
Sec. 17-5.1.
Referendum for accumulation of operations and
maintenance funds. No tax for operations and maintenance purposes and the
purchase of school grounds as provided in Section 11-9 and no tax for
operations and maintenance purposes as provided in Section 17-5 shall be
levied at a rate sufficient to accumulate funds nor shall funds for such
purposes be accumulated as authorized in said sections until the board of
education or school board has by resolution ordered the submission of the
proposition of accumulating funds for such purpose to the electors of
the district at a regular scheduled election and the proposition has
been approved by a majority of the electors voting thereon. The board
shall certify the proposition to the proper election authorities for
submission in accordance with the general election law.
If a majority of the electors voting upon the proposition vote in
favor thereof, the board of education or school board may accumulate
funds for operations and maintenance purposes and the purchase
of school grounds or for operations and maintenance purposes
and may annually levy a tax for such purposes in excess of current
requirements but subject to the tax rate limitations for such purposes
provided by law.
(Source: P.A. 86-970; 86-1334.)
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(105 ILCS 5/17-6.1) (from Ch. 122, par. 17-6.1)
Sec. 17-6.1.
Educational purposes and operations, building and
maintenance purposes concurrent equal increase and decrease in maximum
authorized tax rate.
(a) The school board of any school district having a population of less
than 500,000 inhabitants may, by proper resolution, cause to be submitted
to the voters of the school district at a regular scheduled election the
proposition of whether the maximum authorized annual tax rate for either
educational purposes or operations, building and maintenance purposes may
be increased with an equal corresponding tax rate decrease being effected
in the maximum authorized tax rate for the other fund.
(b) The proposition shall be in substantially the following form:
Shall the maximum authorized annual tax rate for | ||
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(c) The rate amount of the proposed tax rate decrease must be the same
as the rate amount of the proposed tax rate increase. No maximum tax rate
secured hereunder may exceed the maximum rate specified for the particular
fund in Section 17-3 and 17-5.
(d) The requirements of Section 17-3.4 shall not apply to the
proposition provided for in this Section.
(e) If at the election a majority of the votes cast on the proposition
is in favor thereof, the school board may thereafter annually levy the
taxes as authorized.
(Source: P.A. 86-1318.)
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(105 ILCS 5/17-7) (from Ch. 122, par. 17-7)
Sec. 17-7.
Payments from tax levied.
Any sum expended or obligations incurred
for the improvement, maintenance, repair or benefit of school buildings and
property, including the cost of interior decorating and the installation,
improvement, repair, replacement and maintenance of building fixtures, for the
rental of buildings and property for school purposes, or for the payment of all
premiums for insurance upon school buildings and school building fixtures or
for the purchase or equipment to be used in the school lunch program shall be
paid from the tax levied for operations and maintenance purposes and the
purchase of school grounds. The board may provide by resolution that the
payment of all salaries of janitors, engineers or other custodial employees and
all costs of fuel, lights, gas, water, telephone service, and custodial
supplies and equipment or the cost of a professional survey of the conditions
of school buildings as provided in Section 2-3.12, or any one or more of the
preceding items shall be paid from the tax levied for operations and
maintenance purposes and the purchase of school grounds in which event such
salaries or specified costs, or both, shall be so paid until the next fiscal
year after the repeal of such resolution. Expenditures for all purposes not
specified in Sections 17-7 or 17-8 or other provisions of this Act shall be
made from the educational fund.
(Source: P.A. 86-1334; 87-984.)
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(105 ILCS 5/17-8) (from Ch. 122, par. 17-8)
Sec. 17-8.
Transportation costs paid from transportation fund.
Any transportation operating costs incurred for transporting pupils to
and from school and school sponsored activities and the costs of acquiring
equipment shall be paid from a transportation fund to consist of moneys
received from any tax levy for such purpose, state reimbursement for
transportation, except as provided in Section 29-5, all funds received
from other districts for transporting pupils and any charges for
transportation services rendered to individuals or auxiliary enterprises
of the school.
For the purpose of this Act "transportation operating cost" shall
include all costs of transportation except interest and rental of building
facilities.
(Source: P.A. 85-581.)
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(105 ILCS 5/17-8.01)
Sec. 17-8.01. (Repealed).
(Source: P.A. 82-622. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-9) (from Ch. 122, par. 17-9)
Sec. 17-9.
Extension of taxes by county clerk-Separate tax for payment of bonds.
When the county clerk determines the amount of taxes to be extended upon
all the taxable property in any school district having a population of less
than 500,000 inhabitants, he shall determine from the certified copies of
bond resolutions filed in his office the amount necessary to pay the
maturing principal of and interest on any bonds of the district and shall
extend a separate tax sufficient to pay all principal and interest thereon
which matures prior to the first delinquent date of taxes to be realized
from the next succeeding tax extension or all interest and sinking fund
requirements for the payment of principal which must be extended prior to
said date. The separate tax shall be extended without limitation as to rate
or amount. No deduction shall be made in the rate which may be extended for
educational or operations, building and maintenance purposes by reason of
any rate extended for payment of principal or interest of bonds, except as
provided in this section, nor by reason of any tax required to be extended
pursuant to the exercise of the power conferred in Section 10-22.12.
(Source: P.A. 77-2744.)
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(105 ILCS 5/17-9.01)
Sec. 17-9.01. (Repealed).
(Source: P.A. 86-1334. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-9.02) Sec. 17-9.02. Supplemental tax levy for Ford Heights School District 169. (a) Notwithstanding any other provisions of this Article and in addition to the methods provided by other Sections of this Article for increasing the rate of tax levied for any school purpose, Ford Heights School District 169 may levy a supplemental tax for the 2006, 2007, and 2008 taxable years. (b) The supplemental tax authorized by this Section is levied upon all the taxable property of the school district at its value as equalized or assessed by the Department of Revenue for each of the years in which the levy is made. The supplemental tax is in addition to all other taxes that the district may levy for any school purpose for the years in which the levy is made. (c) For each year that it is levied, the supplemental tax must be levied at a rate not exceeding that which, when applied to the equalized assessed value of all taxable property in the district for that year in which the levy is made, is sufficient to yield that amount of tax revenue that is equal to $1,067,000 for a total of $3,201,000 for all taxable years that the tax is levied. (d) The supplemental tax authorized by this Section must be levied by proper resolution of the school board and without referendum. A certified copy of the resolution levying the supplemental tax, signed by the president and clerk or secretary of the school board, must be filed in the office of the county clerk, and it is, then, the duty of the county clerk to extend the supplemental tax. The supplemental tax must be extended and collected in like manner as all other taxes of the school district, but the supplemental tax must be separately identified by the collectors. (e) Ford Heights School District 169 may use the proceeds from the supplemental tax for any purpose for which the district is authorized to make expenditures.
(Source: P.A. 94-1078, eff. 1-9-07.) |
(105 ILCS 5/17-10) (from Ch. 122, par. 17-10)
Sec. 17-10.
Certificate of last ascertained equalized value-Tax books-Notice to
school treasurers.
The county clerk shall furnish the school board of any school district,
upon request, a certificate showing the last ascertained full, fair cash
value of the taxable property of the district.
When a school district lies partly in two or more counties, the county
clerk of each county in which any part of such district lies shall furnish,
upon request, to the school board of the district, a certificate showing
the last ascertained full, fair cash value of the taxable property in that
part of the district lying in such county.
When making out the tax books for the collector, the county clerk shall
compute each taxable person's tax in each school district upon the total
amount of taxable property for that year, located in such district, whether
belonging to residents or non-residents, upon the valuation produced by the
equalization and assessment of property by the county board of review, and
all property originally assessed by the Department of Revenue. Such
computation shall be made so as to realize the amount of money required to
be raised in such district, as shown in the certificate of tax levy, made
out by the governing body of such district, and filed with the county clerk
as required by this Act. The county clerk shall cause each person's tax, so
computed, to be set upon the tax book to be delivered to the collector for
that year, in a separate column against each taxpayer's name, or parcel of
taxable property, as it appears in the collector's books, to be collected
in the same manner, and at the same time, and by the same person, as State
and county taxes are collected. He shall number the school districts on the
maps in his office to correspond with the numbers of districts as returned
to him by the county superintendent of schools, and in making up the tax
books to be delivered to the collector of taxes, the county clerk shall
copy therein the number of the school districts set opposite each person's
assessment of personal property by the assessor making the assessment of
such person, and shall extend the school tax on each person's assessment of
personal property. The computation of each person's tax and the extension
made by the clerk shall be final and conclusive. The rate shall be uniform,
and shall not exceed that required by the amount certified by the school
board. The county clerk, before delivering the tax book to the collector,
shall make and send by mail to each school treasurer of the county a
certificate of the amount due his district or districts from the tax so
extended and placed on the tax books.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/17-11) (from Ch. 122, par. 17-11)
Sec. 17-11. Certificate of tax levy. (a) The school board of each district, other than a school district subject to the authority of a Financial Oversight Panel pursuant to Article 1H of this Code,
shall ascertain, as near as practicable, annually, how much money must be
raised by special tax for transportation purposes if any and for
educational and for operations and maintenance purposes for the
next ensuing year. In school districts with a population of less than
500,000, these amounts shall be certified and returned to each county clerk
on or before the last Tuesday in December, annually. The
certificate shall be signed by the president and clerk or secretary, and
may be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of ...... dollars, to be levied
as a special tax for transportation purposes and the sum of ...... dollars
to be levied as a special tax for educational purposes, and the sum ......
dollars to be levied as a special tax for operations and maintenance
purposes, and the sum of ...... to be levied as a special tax for a working
cash fund, on the equalized assessed value of the taxable property of our
district, for the year (insert year).
Signed on (insert date).
A ........... B ............., President
C ........... D............., Clerk (Secretary)
Dist. No. .........., ............ County
(b) A failure by the school board to file the certificate with the county
clerk in the time required shall not vitiate the assessment.
(c) A school district subject to the authority of a Financial Oversight Panel pursuant to Article 1H of this Code shall file a certificate of tax levy as otherwise provided by this Section, except that such certificate shall be certified and returned to each county clerk on or before the first Tuesday in November annually. If, for whatever reason, the district fails to certify and return the certificate of tax levy to each county clerk on or before the first Tuesday in November annually, then the Financial Oversight Panel for such school district shall proceed to adopt, certify, and return a certificate of tax levy for such school district to each county clerk on or before the last Tuesday in December annually. (Source: P.A. 97-429, eff. 8-16-11.)
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(105 ILCS 5/17-11.1) (from Ch. 122, par. 17-11.1)
Sec. 17-11.1.
Amended Tax Certificate.
When a school board has authority
to levy taxes at
the maximum permissive tax rate allowed by law or the maximum tax
rate allowed by voter approved referendum and, after the
certificate
of tax levy has been filed, a change in the assessed valuation resulting
from the application of the equalization multiplier by the Department of
Revenue causes the school district's
tax extensions to be less than the maximum permissive tax rate allowed
by law or the maximum tax rate allowed by voter approved referendum, the school
board may, within 20 days of such change, amend the certificate of tax levy
to provide for
the maximum amount of tax extensions provided by the permissive tax
rate or by the voter approved referendum, as limited by the Property Tax
Extension Limitation Law.
(Source: P.A. 91-850, eff. 6-22-00.)
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(105 ILCS 5/17-11.2)
Sec. 17-11.2. (Repealed).
(Source: P.A. 92-855, eff. 12-6-02. Repealed by P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/17-12) (from Ch. 122, par. 17-12)
Sec. 17-12.
Districts in two or more counties.
When a district lies partly in two or more counties the school board
shall ascertain, as near as practicable, the amount to be raised by
special tax for educational and operations and maintenance
purposes and shall prepare a certificate for each county in which the
district lies and shall deliver one of such certificates to each of the
county clerks of the counties in which a part of the district is
situated. On the first Monday following the delivery of the certificate, or
as soon thereafter as may be practicable, each county clerk shall ascertain
the total equalized valuation of all the taxable property in that part of
the district as lies in his county, and certify the amount thereof to the
county clerk of each of the other counties in which any part of the
district lies. From the aggregate of such equalized valuation and from the
certificate of the amount so required to be levied, such clerk shall
ascertain the rate per cent required to produce in the district the amount
of such levy, and at that rate shall extend the special tax to be levied
for educational and operations and maintenance purposes in that part of the
district lying in his respective county.
(Source: P.A. 86-1334.)
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(105 ILCS 5/17-13)
Sec. 17-13. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/17-14) (from Ch. 122, par. 17-14)
Sec. 17-14.
Payments by collector to treasurer-Statement of uncollected taxes.
Within 30 days after the delinquent date for the payment of any tax or
installment thereof and after the delivery of the tax books containing the
computation and levy of the taxes, or as soon thereafter as the school
treasurer shall present the certificate of the amount of the tax and make a
demand therefor, the collector shall pay to the treasurer the full amount
of the tax certified by the county clerk, or if any part remains
uncollected, the collector shall, in addition to the amount collected,
deliver to the treasurer a statement of the amount of uncollected taxes for
his district or districts, taking his receipt therefor, which receipt shall
be evidence in favor of the collector as against the treasurer.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/17-15) (from Ch. 122, par. 17-15)
Sec. 17-15.
Failure of collector to pay.
If any collector fails to pay the taxes or any part thereof, the school
treasurer or other authorized person may proceed against him and his
sureties in a civil action upon his official bond in any court of competent
jurisdiction. The collector so in default shall pay 12% of the amount due
to be assessed as damages, which shall be included in the judgment rendered
against him. If he can show that any part of the taxes could not be
collected by law, he shall not be liable for such taxes until he has
collected, or may be able to collect them.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/17-16) (from Ch. 122, par. 17-16)
Sec. 17-16.
Tax anticipation warrants.
When there is no money in the
treasury of any school district having a population of 500,000 or less
inhabitants, whether governed by either or both the general school laws or any
special charter, to defray the necessary expenses of the district, including
amounts necessary to pay maturing principal and interest of bonds, the school
board may issue warrants, or may provide a fund to meet the expenses by issuing
and disposing of warrants, drawn against and in anticipation of any taxes
levied for the payment of the necessary expenses of the district, either for
transportation, educational or for all operations and maintenance purposes, or
for payments to the Illinois Municipal Retirement Fund, or for the payment of
maturing principal and interest of bonds, or for fire prevention, safety,
energy conservation and school security purposes, as the case may be, to the
extent of 85% of the total amount of the tax so levied. The warrants shall show
upon their face that they are payable in the numerical order of their issuance
solely from such taxes when collected, and shall be received by any collector
of taxes in payment of the taxes against which they are issued, and such taxes
shall be set apart and held for their payment.
Every warrant shall bear interest, payable only out of the taxes
against which it is drawn, at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, if issued before July 1, 1971 and if issued thereafter at the
rate of not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, from the date of
its issuance until paid or until notice shall be given by publication in a
newspaper or otherwise that the money for its payment is available and that
it will be paid on presentation, unless a lower rate of interest is
specified therein, in which case the interest shall be computed and paid at
the lower rate.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4; 86-1334; 87-984.)
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(105 ILCS 5/17-17)
Sec. 17-17. School board establishment of lines of credit.
(a) In lieu of issuing tax anticipation warrants in
accordance with Section 17-16 of this Code, the school board of a
school district having a population of 500,000 or less inhabitants may
issue notes, bonds, or other obligations (and in connection
with that issuance, establish a line of credit with a bank or other financial institution)
in an amount not to exceed 85% of the amount of property
taxes most recently levied for educational, operations and maintenance, transportation, or other tax levy
purposes or any combination thereof. Moneys thus borrowed shall be applied to the purposes
for which the tax or any combination of the taxes may be levied and no other purpose. All moneys so
borrowed shall be repaid exclusively from property tax
revenues within 60 days after the property tax revenues have been
received by the board.
(a-5) In lieu of issuing notes or certificates in accordance with the provisions of the Revenue Anticipation Act or Section 18-18 of this Code, the school board of a school district having a population of 500,000 or less inhabitants may anticipate revenues due in the current fiscal year or expected to be due in the next subsequent fiscal year and issue notes, bonds, or other obligations (and in connection with that issuance, establish a line of credit with a bank or other financial institution) in an amount not to exceed the following: (1) if anticipating revenues due in the current | ||
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(2) if anticipating revenues expected to be due in | ||
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All moneys so borrowed shall be repaid exclusively from the anticipated revenues within 60 days after the revenues have been received. (b) Borrowing authorized under subsections (a) and (a-5) of this
Section shall bear interest at a rate not to exceed the
maximum rate authorized by the Bond Authorization Act, from
the date of issuance until paid.
(c) Prior to borrowing or establishing a line
of credit under this Section, the board shall authorize, by resolution,
the borrowing or line of credit. The resolution
shall set forth facts demonstrating the need for the
borrowing or line of credit, state the amount to be borrowed,
establish a maximum interest rate limit not to exceed that
set forth in subsection (b) of this Section, and provide a
date by which the borrowed funds shall be repaid. The
resolution shall direct the relevant officials to make arrangements to
set apart and hold the taxes or other revenue, as received,
that will be used to repay the borrowing. In addition, the
resolution may authorize the relevant officials to make
partial repayments of the borrowing as the taxes or other revenues become
available and may contain any other terms, restrictions, or
limitations not inconsistent with the provisions of this
Section.
(Source: P.A. 96-19, eff. 6-26-09.)
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(105 ILCS 5/17-18)
Sec. 17-18. Establishment of lines of credit by other educational entities. (a) In lieu of borrowing in accordance with the provisions of Section 18-20 of this Code, an entity, such as a special education cooperative or other such joint agreement or an intergovernmental agreement, may anticipate revenues due in the current fiscal year or expected to be due in the next subsequent fiscal year and issue notes or other obligations (and in connection with that issuance, establish a line of credit with a bank or other financial institution) in an amount not to exceed the following: (1) if anticipating revenues due in the current | ||
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(2) if anticipating revenues expected to be due in | ||
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All moneys so borrowed shall be repaid exclusively from such anticipated revenues within 60 days after the revenues have been received. (b) Borrowing authorized under subsection (a) of this Section shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, from the date of issuance until paid. (c) Prior to borrowing or establishing a line of credit under this Section, the regional superintendent of schools or governing board, as the case may be, shall authorize, by executive order or resolution, the borrowing or line of credit. The executive order or resolution shall set forth facts demonstrating the need for the borrowing or line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed that set forth in subsection (b) of this Section, and provide a date by which the borrowed funds shall be repaid. The executive order or resolution shall direct the relevant officials to make arrangements to set apart and hold the revenue, as received, that will be used to repay the borrowing. In addition, the executive order or resolution may authorize the relevant officials to make partial repayments of the borrowing as the revenues become available and may contain any other terms, restrictions, or limitations not inconsistent with the provisions of this Section.
(Source: P.A. 96-19, eff. 6-26-09.) |
(105 ILCS 5/17-19) Sec. 17-19. Establishment of lines of credit by regional superintendents. (a) In lieu of borrowing in accordance with the provisions of Section 18-20 of this Code, a regional superintendent of schools, in his or her official capacity as regional superintendent of schools, may anticipate revenues due in the current fiscal year or expected to be due in the next subsequent fiscal year and issue notes or other obligations (and in connection with that issuance, establish a line of credit with a bank or other financial institution) in an amount not to exceed the following: (1) if anticipating revenues due in the current | ||
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(2) if anticipating revenues expected to be due in | ||
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All moneys so borrowed shall be repaid exclusively from such anticipated revenues within 60 days after the revenues have been received. (b) Borrowing authorized under subsection (a) of this Section shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, from the date of issuance until paid. (c) Prior to borrowing or establishing a line of credit under this Section, the regional superintendent of schools, in his or her official capacity as regional superintendent of schools, shall authorize, by executive order or resolution, the borrowing or line of credit. The executive order or resolution shall set forth facts demonstrating the need for the borrowing or line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed that set forth in subsection (b) of this Section, and provide a date by which the borrowed funds shall be repaid. The executive order or resolution shall direct the relevant officials to make arrangements to set apart and hold the revenue, as received, that will be used to repay the borrowing. In addition, the executive order or resolution may authorize the relevant officials to make partial repayments of the borrowing as the revenues become available and may contain any other terms, restrictions, or limitations not inconsistent with the provisions of this Section.
(Source: P.A. 96-19, eff. 6-26-09.) |
(105 ILCS 5/Art. 18 heading) ARTICLE 18.
COMMON SCHOOL FUND
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(105 ILCS 5/18-1) (from Ch. 122, par. 18-1)
Sec. 18-1.
Moneys
constituting fund.
The common school fund of the state shall consist of any sums accredited
thereto in pursuance of law, of the interest on the school fund proper,
which fund is 3% upon the proceeds of the sales of public lands in the
State, 1/6 part excepted; and the interest on the surplus revenue
distributed by Act of Congress and made part of the common school fund by
Act of the legislature, March 4, 1837. The interest on the school fund
proper and the surplus revenue shall be paid by the State annually at the
rate of 6%, and shall be distributed as provided by law.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/18-3) (from Ch. 122, par. 18-3)
Sec. 18-3. Tuition of children from orphanages and children's homes.
When the children from any home for orphans, dependent, abandoned or
maladjusted children maintained by any organization or association
admitting to such home children from the State in general or when children
residing in a school district wherein the State of Illinois maintains and
operates any welfare or penal institution on property owned by
the State of Illinois, which contains houses, housing units or housing
accommodations within a school district, attend grades kindergarten through
12 of the public schools maintained by that school district, the
State Superintendent of Education shall direct the State Comptroller to
pay a specified amount sufficient to pay the annual tuition cost of such
children who attended such public schools during the regular school year
ending on June 30. The
Comptroller shall pay the amount after receipt of a voucher
submitted by the State Superintendent of Education.
The amount of the tuition for such children attending the public schools
of the district shall be determined by the State Superintendent of
Education by multiplying the number of such children in average daily
attendance in such schools by 1.2 times the total annual per capita cost of
administering the schools of the district. Such total annual per capita
cost shall be determined by totaling all expenses of the school district in
the educational, operations and maintenance, bond and interest,
transportation, Illinois municipal retirement, and rent funds for the
school year preceding the filing of such tuition claims less expenditures
not applicable to the regular K-12 program, less offsetting revenues from
State sources except those from the common school fund, less offsetting
revenues from federal sources except those from federal impaction aid, less
student and community service revenues, plus a depreciation allowance; and
dividing such total by the average daily attendance for the year.
Annually on or before June 15 the superintendent of the district shall certify to the State Superintendent of Education the following:
1. The name of the home and of the organization or | ||
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2. The number of children from the home or living in | ||
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3. The total number of children attending the schools | ||
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4. The per capita tuition charge of the district; and
5. The computed amount of the tuition payment claimed | ||
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Whenever the persons in charge of such home for orphans, dependent, abandoned
or maladjusted children have received from the parent or guardian of any such
child or by virtue of an order of court a specific allowance for educating
such child, such persons shall pay to the school board in the district
where the child attends school such amount of the allowance as is necessary
to pay the tuition required by such district for the education of the
child. If the allowance is insufficient to pay the tuition in full the
State Superintendent of Education shall direct the Comptroller to pay to
the district the difference between the total tuition charged and the
amount of the allowance.
Whenever the facilities of a school district in which such house,
housing units or housing accommodations are located, are limited, pupils
may be assigned by that district to the schools of any adjacent district to
the limit of the facilities of the adjacent district to properly educate
such pupils as shall be determined by the school board of the adjacent
district, and the State Superintendent of Education shall direct the
Comptroller to pay a specified amount sufficient to pay the annual tuition
of the children so assigned to and attending public schools in the adjacent
districts and the Comptroller shall draw his warrant upon the State
Treasurer for the payment of such amount for the benefit of the adjacent
school districts in the same manner as for districts in which the houses,
housing units or housing accommodations are located.
Summer session costs shall be reimbursed based on the actual expenditures for providing these services. On or before November 1 of each year, the superintendent of each eligible school district shall certify to the State Superintendent of Education the claim of the district for the summer session following the regular school year just ended. The State Superintendent of Education shall transmit to the Comptroller no later than December 15th of each year vouchers for payment of amounts due to school districts for summer session. Claims for tuition for children from any home for orphans or dependent,
abandoned, or maladjusted children
shall be paid on a current year basis. On September 30, December 31, and
March 31, the State Board of Education shall voucher payments for districts
with those students based on an estimated cost calculated from the prior
year's claim. The school district shall certify to the State Superintendent of Education the report of claims due for such tuition payments on or before June 15. Claims received by June 15 may be amended until August 1. The State Superintendent of Education shall direct the State Comptroller to pay to the district, on or before August 31, the amount due for the district for the school year in accordance with the calculation of the claim as set forth in this Section. However, notwithstanding any other provisions of this Section or the
School Code, beginning with fiscal year 1994 and each fiscal year thereafter, if the amount appropriated for any fiscal year is
less than the amount required for purposes of this Section, the amount required
to eliminate any insufficient reimbursement for each district claim under this
Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal
year claims shall be made before any claims are paid for the current fiscal
year.
If a school district makes a claim for reimbursement under Section 14-7.03 it shall not include in any claim filed under this Section
children residing on the property of State institutions included in its
claim under Section 14-7.03.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, State operated program, orphanage
or children's home shall have the payment for his educational tuition and
any related services assured by the placing agent.
In order to provide services appropriate to allow a student under the legal
guardianship or custodianship of the State to participate in local school
district educational programs, costs may be incurred in appropriate cases by
the
district that are in excess of 1.2 times the district per capita tuition charge
allowed under the provisions of this Section. In the event such excess costs
are incurred, they must be documented in accordance with cost rules established
under the authority of this Section and may then be claimed for reimbursement
under this Section.
Planned services for students eligible for this funding must be a
collaborative effort between the appropriate State agency or the student's
group home or institution and the local school district.
(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/18-4.2) (from Ch. 122, par. 18-4.2)
Sec. 18-4.2.
(Repealed).
(Source: P.A. 88-641, eff. 9-9-94. Repealed by P.A. 91-96, eff. 7-9-99.)
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(105 ILCS 5/18-4.3) (from Ch. 122, par. 18-4.3)
Sec. 18-4.3. Summer school grants. Through fiscal year 2017, grants shall be determined for
pupil attendance in summer schools conducted under Sections 10-22.33A
and 34-18 and approved under Section 2-3.25 in the following manner.
The amount of grant for each accredited summer school attendance pupil shall
be obtained by dividing the total amount of apportionments determined under Section 18-8.05 by the
actual
number of pupils in average daily attendance used for such
apportionments. The number of credited summer school attendance pupils
shall be determined (a) by counting clock hours of class instruction by
pupils enrolled in grades 1 through 12 in approved courses conducted at
least 60 clock hours in summer sessions; (b) by dividing such total of
clock hours of class instruction by 4 to produce days of credited pupil
attendance; (c) by dividing such days of credited pupil attendance by
the actual number of days in the regular term as used in computation in
the general apportionment in Section 18-8.05; and (d) by
multiplying by
1.25.
The amount of the grant for a summer school program approved by the
State Superintendent of Education for children with
disabilities, as defined
in Sections 14-1.02 through 14-1.07, shall be determined in the manner
contained above except that average daily membership shall be utilized
in lieu of average daily attendance.
In the case of an apportionment based on summer school attendance or
membership pupils, the claim therefor shall be presented as a separate
claim for the particular school year in which such summer school
session ends. On or before November 1 of each year the
superintendent of each eligible school district shall certify to
the State Superintendent of Education the claim
of the district for the summer
session just ended. Failure on the part of the school board to so
certify shall constitute a forfeiture of its right to such payment. The State Superintendent of Education shall transmit to the
Comptroller no later than December 15th of each year
vouchers for payment of amounts due school districts for
summer school. The State Superintendent of Education shall direct the
Comptroller to draw his warrants for payments thereof by the 30th
day of December. If the money appropriated by the
General Assembly for such purpose for any year is insufficient, it shall
be apportioned on the basis of claims approved.
However, notwithstanding the foregoing provisions, for each fiscal year the
money appropriated by the General
Assembly for the purposes of this Section shall only be used for grants
for approved summer school programs for those children with
disabilities served pursuant to Section 14-7.02 or 14-7.02b of this
Code. No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to summer school for special education pupils must be used for special education services authorized under this Code.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/18-4.4) (from Ch. 122, par. 18-4.4)
Sec. 18-4.4. Tax Equivalent Grants. When any State institution is
located in a school district in which the State owns 45% or more of the
total land area of the district, the State Superintendent of Education
shall annually direct the State Comptroller to pay the amount of the
tax-equivalent grants provided in this Section, and the State Comptroller shall
draw his warrant upon the State Treasurer for the payment of the grants. For
fiscal year 1995 and each fiscal year thereafter,
the grant shall equal
0.5% of the equalized assessed
valuation of the land owned by the State (computing that equalized assessed
valuation by multiplying the average value per taxable acre of the school
district by the total number of acres of land owned by the State). Annually on
or before September 15, 1994 and July 1, thereafter, the district
superintendent shall certify to the State Board of Education the following
matters:
1. The name of the State institution.
2. The total land area of the district in acres.
3. The total ownership of the land of the State in | ||
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4. The total equalized assessed value of all the land | ||
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5. The rate of school tax payable in the year.
6. The computed amount of the tax-equivalent grant | ||
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Failure of any district superintendent to certify the
claim for the tax-equivalent grant on or before September 15, 1994 or July 1 of
a subsequent year shall constitute a forfeiture by the district of its right to
such grant for the school year.
Notwithstanding any provision of law to the contrary or the disposition of State property which would affect the allocation of grants under this Section, a tax-equivalent grant may be awarded to a school district in which the State owns 40% or more of the
total land area of the district if, as of the effective date of this amendatory Act of the 102nd General Assembly, the school district would otherwise qualify for a tax-equivalent grant under this Section as a district in which the State owns 45% or more of the
total land area. (Source: P.A. 102-280, eff. 8-6-21.)
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(105 ILCS 5/18-4.5)
Sec. 18-4.5. Home Hospital Grants. Except for those children qualifying
under Article 14, school districts shall be eligible to receive reimbursement
for all children requiring home or hospital instruction at not more than $1,000
annually per child or $9,000 per teacher, whichever is less.
(Source: P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/18-5) (from Ch. 122, par. 18-5)
Sec. 18-5. Compensation of regional superintendents and assistants. The State Board of Education
shall request an appropriation payable
from the Personal Property Tax Replacement Fund for compensation for regional
superintendents of schools and the assistant regional superintendents of
schools authorized by Section 3-15.10 of this Act, and as provided in "An Act concerning
fees and salaries and to classify the several counties of this State with
reference thereto", approved March 29, 1872 as amended, and shall present
vouchers to the Comptroller
monthly for the payment to the
several regional superintendents and such assistant regional superintendents
of their compensation as fixed by law. Such payments shall be made either
(1) monthly, at the close of the month, or (2) semimonthly on or around
the 15th of the month and at the close of the month, at the option of the
regional superintendent or assistant regional superintendent.
(Source: P.A. 97-619, eff. 11-14-11; 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
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(105 ILCS 5/18-6) (from Ch. 122, par. 18-6)
Sec. 18-6. Supervisory expenses. The State Board of Education
shall annually request an appropriation for
regional office of education expenses, aggregating $1,000 per county per year
for each educational service region.
The State Board of Education shall present vouchers to the Comptroller as
soon as may be after the first day of August
each year for each regional office of education.
Each regional office of education may draw upon these funds for the
expenses necessarily incurred in providing for supervisory services in the
region.
(Source: P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/18-7) (from Ch. 122, par. 18-7)
Sec. 18-7.
Payments for benefit of teacher retirement systems.
(a) In each fiscal year through fiscal year 1998, the State Board of
Education shall distribute to
the Public School Teachers' Pension and Retirement Fund of Chicago the sum, if
any, appropriated for that fiscal year from the Common School Fund for the
benefit of the Retirement Fund, in the manner provided in this Section,
the Illinois Pension Code, the State Finance Act, and other applicable
provisions of law. In making this distribution, the State Board of Education
shall present vouchers to the State Comptroller on the 10th and 20th days of
each month beginning in August. Each payment shall equal 1/24 of the annual
amount appropriated in the months of August through May and 1/12 of the annual
amount appropriated in June.
Beginning in fiscal year 1999, the State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago shall be appropriated directly
to
the Fund and paid in vouchers submitted by the board of trustees of the Fund.
Vouchers submitted under this subsection shall be paid by the State
Comptroller and Treasurer by warrants drawn on funds appropriated to the
Public School Teachers' Pension and Retirement Fund of Chicago.
(b) The State Board of Education shall, in State fiscal year 1995, pay to
the Teachers' Retirement System of the State of Illinois the amount
appropriated for the required State contribution to the System for that fiscal
year. The State Board of Education shall present vouchers to the State
Comptroller for this purpose on the 10th and 20th days of each month of the
fiscal year, other than the month of July. Each payment in the months of
August through May shall equal 1/24 of the amount appropriated for that fiscal
year; each payment in the month of June shall equal 1/12 of the amount
appropriated for that fiscal year.
Vouchers submitted
under this subsection shall be paid by the State
Comptroller and Treasurer by warrants drawn on funds appropriated to the State
Board of Education for that purpose.
(c) Beginning in State fiscal year 1996, the required State contributions
to the Teachers' Retirement System of the State of Illinois shall be
appropriated directly to the System and paid on vouchers submitted by the board
of trustees of the retirement system, as provided in Section 16-158 of the
Illinois Pension Code. These vouchers shall be paid by the State Comptroller
and Treasurer by warrants drawn on funds appropriated to the retirement system
for that purpose.
(Source: P.A. 90-548, eff. 12-4-97.)
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(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed internally, eff. 7-1-98.)
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(105 ILCS 5/18-8.05)
Sec. 18-8.05. (Repealed).
(Source: P.A. 100-863, eff. 8-14-18. Repealed by P.A. 100-582, eff. 3-23-18.)
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(105 ILCS 5/18-8.1)
Sec. 18-8.1. (Repealed).
(Source: Laws 1961, p. 3759. Repealed by P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)
Sec. 18-8.2. (Repealed).(Source: P.A. 94-902, eff. 7-1-06. Repealed by P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/18-8.3)
Sec. 18-8.3. (Repealed).
(Source: P.A. 88-555, eff. 7-27-94. Repealed by P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/18-8.4)
Sec. 18-8.4. (Repealed).
(Source: P.A. 84-1243. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/18-8.5) (from Ch. 122, par. 18-8.5)
Sec. 18-8.5. (Repealed).(Source: P.A. 94-902, eff. 7-1-06. Repealed by P.A. 94-1019, eff. 7-10-06.) |
(105 ILCS 5/18-8.7)
Sec. 18-8.7. (Repealed).
(Source: P.A. 88-647, eff. 9-16-94. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/18-8.10)
Sec. 18-8.10. (Repealed).
(Source: P.A. 100-465, eff. 8-31-17. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/18-8.15) (Text of Section from P.A. 103-8) Sec. 18-8.15. Evidence-Based Funding for student success for the 2017-2018 and subsequent school years. (a) General provisions. (1) The purpose of this Section is to ensure that, | ||
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(A) provide all students with a high quality | ||
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(B) ensure all students receive the education | ||
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(C) reduce, with a goal of eliminating, the | ||
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(D) ensure this State satisfies its obligation to | ||
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(2) The Evidence-Based Funding formula under this | ||
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(A) First, the model calculates a unique Adequacy | ||
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(B) Second, the model calculates each | ||
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(C) Third, the model calculates how much funding | ||
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(D) Finally, the model's distribution method | ||
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(3) An Organizational Unit receiving any funding | ||
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(4) As used in this Section, the following terms | ||
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"Adequacy Target" is defined in paragraph (1) of | ||
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"Adjusted EAV" is defined in paragraph (4) of | ||
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"Adjusted Local Capacity Target" is defined in | ||
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"Adjusted Operating Tax Rate" means a tax rate for | ||
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"Allocation Rate" is defined in paragraph (3) of | ||
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"Alternative School" means a public school that is | ||
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"Applicable Tax Rate" is defined in paragraph (1) of | ||
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"Assessment" means any of those benchmark, progress | ||
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"Assistant principal" means a school administrator | ||
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"At-risk student" means a student who is at risk of | ||
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"Average Student Enrollment" or "ASE" for fiscal year | ||
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"Base Funding Guarantee" is defined in paragraph (10) | ||
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"Base Funding Minimum" is defined in subsection (e) | ||
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"Base Tax Year" means the property tax levy year used | ||
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"Base Tax Year's Extension" means the product of the | ||
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"Bilingual Education Allocation" means the amount of | ||
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"Budget Year" means the school year for which primary | ||
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"Central office" means individual administrators and | ||
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"Comparable Wage Index" or "CWI" means a regional | ||
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"Computer technology and equipment" means computers | ||
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"Computer technology and equipment investment | ||
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"Core subject" means mathematics; science; reading, | ||
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"Core teacher" means a regular classroom teacher in | ||
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"Core Intervention teacher (tutor)" means a licensed | ||
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"CPPRT" means corporate personal property replacement | ||
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"EAV" means equalized assessed valuation as defined | ||
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"ECI" means the Bureau of Labor Statistics' national | ||
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"EIS Data" means the employment information system | ||
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"Employee benefits" means health, dental, and vision | ||
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"English learner" or "EL" means a child included in | ||
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"Essential Elements" means those elements, resources, | ||
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"Evidence-Based Funding" means State funding provided | ||
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"Extended day" means academic and enrichment programs | ||
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"Extension Limitation Ratio" means a numerical ratio | ||
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"Final Percent of Adequacy" is defined in paragraph | ||
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"Final Resources" is defined in paragraph (3) of | ||
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"Full-time equivalent" or "FTE" means the full-time | ||
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"Funding Gap" is defined in paragraph (1) of | ||
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"Hybrid District" means a partial elementary unit | ||
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"Instructional assistant" means a core or special | ||
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"Instructional facilitator" means a qualified teacher | ||
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"Instructional materials" means relevant | ||
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"Laboratory School" means a public school that is | ||
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"Librarian" means a teacher with an endorsement as a | ||
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"Limiting rate for Hybrid Districts" means the | ||
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"Local Capacity" is defined in paragraph (1) of | ||
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"Local Capacity Percentage" is defined in | ||
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"Local Capacity Ratio" is defined in subparagraph (B) | ||
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"Local Capacity Target" is defined in paragraph (2) | ||
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"Low-Income Count" means, for an Organizational Unit | ||
| ||
"Maintenance and operations" means custodial | ||
| ||
"Minimum Funding Level" is defined in paragraph (9) | ||
| ||
"New Property Tax Relief Pool Funds" means, for any | ||
| ||
"New State Funds" means, for a given school year, all | ||
| ||
"Nurse" means an individual licensed as a certified | ||
| ||
"Operating Tax Rate" means the rate utilized in the | ||
| ||
"Organizational Unit" means a Laboratory School or | ||
| ||
"Organizational Unit CWI" is determined by | ||
| ||
"Preceding Tax Year" means the property tax levy year | ||
| ||
"Preceding Tax Year's Extension" means the product of | ||
| ||
"Preliminary Percent of Adequacy" is defined in | ||
| ||
"Preliminary Resources" is defined in paragraph (2) | ||
| ||
"Principal" means a school administrator duly | ||
| ||
"Professional development" means training programs | ||
| ||
"Prototypical" means 450 special education | ||
| ||
"PTELL" means the Property Tax Extension Limitation | ||
| ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
| ||
"Pupil support staff" means a nurse, psychologist, | ||
| ||
"Real Receipts" is defined in paragraph (1) of | ||
| ||
"Regionalization Factor" means, for a particular | ||
| ||
"School counselor" means a licensed school counselor | ||
| ||
"School site staff" means the primary school | ||
| ||
"Special education" means special educational | ||
| ||
"Special Education Allocation" means the amount of an | ||
| ||
"Specialist teacher" means a teacher who provides | ||
| ||
"Specially Funded Unit" means an Alternative School, | ||
| ||
"Supplemental Grant Funding" means supplemental | ||
| ||
"State Adequacy Level" is the sum of the Adequacy | ||
| ||
"State Board" means the State Board of Education. "State Superintendent" means the State Superintendent | ||
| ||
"Statewide Weighted CWI" means a figure determined by | ||
| ||
"Student activities" means non-credit producing | ||
| ||
"Substitute teacher" means an individual teacher or | ||
| ||
"Summer school" means academic and enrichment | ||
| ||
"Supervisory aide" means a non-licensed staff member | ||
| ||
"Target Ratio" is defined in paragraph (4) of | ||
| ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are | ||
| ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||
| ||
(b) Adequacy Target calculation. (1) Each Organizational Unit's Adequacy Target is | ||
| ||
(2) The Essential Elements are attributable on a pro | ||
| ||
(A) Core class size investments. Each | ||
| ||
(i) For grades kindergarten through 3, the | ||
| ||
(ii) For grades 4 through 12, the | ||
| ||
The number of non-Low-Income Count students in a | ||
| ||
(B) Specialist teacher investments. Each | ||
| ||
(i) if the Organizational Unit operates an | ||
| ||
(ii) if such Organizational Unit operates a | ||
| ||
(C) Instructional facilitator investments. Each | ||
| ||
(D) Core intervention teacher (tutor) | ||
| ||
(E) Substitute teacher investments. Each | ||
| ||
(F) Core school counselor investments. Each | ||
| ||
(G) Nurse investments. Each Organizational Unit | ||
| ||
(H) Supervisory aide investments. Each | ||
| ||
(I) Librarian investments. Each Organizational | ||
| ||
(J) Principal investments. Each Organizational | ||
| ||
(K) Assistant principal investments. Each | ||
| ||
(L) School site staff investments. Each | ||
| ||
(M) Gifted investments. Each Organizational Unit | ||
| ||
(N) Professional development investments. Each | ||
| ||
(O) Instructional material investments. Each | ||
| ||
(P) Assessment investments. Each Organizational | ||
| ||
(Q) Computer technology and equipment | ||
| ||
(R) Student activities investments. Each | ||
| ||
(S) Maintenance and operations investments. Each | ||
| ||
(T) Central office investments. Each | ||
| ||
(U) Employee benefit investments. Each | ||
| ||
(V) Additional investments in low-income | ||
| ||
(i) one FTE intervention teacher (tutor) | ||
| ||
(ii) one FTE pupil support staff position for | ||
| ||
(iii) one FTE extended day teacher position | ||
| ||
(iv) one FTE summer school teacher position | ||
| ||
(W) Additional investments in English learner | ||
| ||
(i) one FTE intervention teacher (tutor) | ||
| ||
(ii) one FTE pupil support staff position for | ||
| ||
(iii) one FTE extended day teacher position | ||
| ||
(iv) one FTE summer school teacher position | ||
| ||
(v) one FTE core teacher position for every | ||
| ||
(X) Special education investments. Each | ||
| ||
(i) one FTE teacher position for every 141 | ||
| ||
(ii) one FTE instructional assistant for | ||
| ||
(iii) one FTE psychologist position for every | ||
| ||
(3) For calculating the salaries included within the | ||
| ||
(A) Teacher for grades K through 8. (B) Teacher for grades 9 through 12. (C) Teacher for grades K through 12. (D) School counselor for grades K through 8. (E) School counselor for grades 9 through 12. (F) School counselor for grades K through 12. (G) Social worker. (H) Psychologist. (I) Librarian. (J) Nurse. (K) Principal. (L) Assistant principal. For the purposes of this paragraph (3), "teacher" | ||
| ||
For calculating the salaries included within the | ||
| ||
(i) school site staff, $30,000; and (ii) non-instructional assistant, instructional | ||
| ||
In the second and subsequent years of implementation | ||
| ||
The salary amounts for the Essential Elements | ||
| ||
(c) Local Capacity calculation. (1) Each Organizational Unit's Local Capacity | ||
| ||
(2) "Local Capacity Target" means, for an | ||
| ||
(A) An Organizational Unit's Local Capacity | ||
| ||
(B) An Organizational Unit's Local Capacity Ratio | ||
| ||
(i) for Organizational Units serving grades | ||
| ||
(ii) for Organizational Units serving grades | ||
| ||
(iii) for Organizational Units serving grades | ||
| ||
(iv) for an Organizational Unit with a | ||
| ||
(C) The Local Capacity Percentage is equal to the | ||
| ||
(D) For any Organizational Unit, the | ||
| ||
(3) If an Organizational Unit's Real Receipts are | ||
| ||
As used in this paragraph (3), "Real Percent of | ||
| ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for purposes of the Local Capacity calculation. (1) An Organizational Unit's Real Receipts are the | ||
| ||
(2) The State Superintendent shall calculate the | ||
| ||
(3) To calculate Real Receipts and EAV, the | ||
| ||
(A) The Department of Revenue shall add to the | ||
| ||
(B) With respect to any part of an Organizational | ||
| ||
(B-5) The real property equalized assessed | ||
| ||
(C) For Organizational Units that are Hybrid | ||
| ||
(D) If a school district's boundaries span | ||
| ||
(4) An Organizational Unit's Adjusted EAV shall be | ||
| ||
"PTELL EAV" means a figure calculated by the State | ||
| ||
As used in this paragraph (4), "new property" and | ||
| ||
(e) Base Funding Minimum calculation. (1) For the 2017-2018 school year, the Base Funding | ||
| ||
(2) For the 2018-2019 and subsequent school years, | ||
| ||
For the 2022-2023 school year, the Base Funding | ||
| ||
(3) Subject to approval by the General Assembly as | ||
| ||
(A) The Organizational Unit is operating under | ||
| ||
(B) The Organizational Unit was designated as a | ||
| ||
(C) The Organizational Unit demonstrates | ||
| ||
(D) The Organizational Unit has made sufficient | ||
| ||
As part of its determination under this paragraph | ||
| ||
If the State Board determines that an Organizational | ||
| ||
For the first 4 years following the initial year that | ||
| ||
(f) Percent of Adequacy and Final Resources calculation. (1) The Evidence-Based Funding formula establishes a | ||
| ||
(2) An Organizational Unit's Preliminary Resources | ||
| ||
(3) Except for Specially Funded Units, an | ||
| ||
(4) An Organizational Unit's Final Percent of | ||
| ||
(g) Evidence-Based Funding formula distribution system. (1) In each school year under the Evidence-Based | ||
| ||
(2) To ensure equitable distribution of dollars for | ||
| ||
(3) Organizational Units are placed into one of 4 | ||
| ||
(A) Tier 1 consists of all Organizational Units, | ||
| ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
| ||
(C) Tier 3 consists of all Organizational Units, | ||
| ||
(D) Tier 4 consists of all Organizational Units | ||
| ||
(4) The Allocation Rates for Tiers 1 through 4 are | ||
| ||
(A) The Tier 1 Allocation Rate is 30%. (B) The Tier 2 Allocation Rate is the result of | ||
| ||
(C) The Tier 3 Allocation Rate is the result of | ||
| ||
(D) The Tier 4 Allocation Rate is the result of | ||
| ||
(5) A tier's Target Ratio is determined as follows: (A) The Tier 1 Target Ratio is the ratio level | ||
| ||
(B) The Tier 2 Target Ratio is 0.90. (C) The Tier 3 Target Ratio is 1.0. (6) If, at any point, the Tier 1 Target Ratio is | ||
| ||
(7) In the event that all Tier 2 Organizational Units | ||
| ||
(8) If any Specially Funded Units, excluding Glenwood | ||
| ||
(8.5) If a school district withdraws from a special | ||
| ||
(9) The Minimum Funding Level is intended to | ||
| ||
(A) First, Tier 4 funding shall be reduced by an | ||
| ||
(B) Next, Tier 3 funding shall be reduced by an | ||
| ||
(C) Next, Tier 2 funding shall be reduced by an | ||
| ||
(D) Finally, Tier 1 funding shall be reduced by | ||
| ||
(9.5) For State fiscal year 2019 and subsequent State | ||
| ||
(10) In the event of a decrease in the amount of the | ||
| ||
(11) The State Superintendent shall make minor | ||
| ||
(h) State Superintendent administration of funding and district submission requirements. (1) The State Superintendent shall, in accordance | ||
| ||
(2) The State Superintendent shall calculate the | ||
| ||
(3) Annually, the State Superintendent shall | ||
| ||
(4) Annually, the State Superintendent shall | ||
| ||
(5) Moneys distributed under this Section shall be | ||
| ||
(6) Any school district that fails, for any given | ||
| ||
(7) School district claims filed under this Section | ||
| ||
(8) Each fiscal year, the State Superintendent shall | ||
| ||
(9) All Organizational Units in this State must | ||
| ||
(10) No later than January 1, 2018, the State | ||
| ||
(A) a framework for collaborative, professional, | ||
| ||
(B) ways to prepare and support this State's | ||
| ||
(C) application and enhancement of the current | ||
| ||
(D) implementation of an effective school | ||
| ||
(11) On an annual basis, the State Superintendent | ||
| ||
(A) Gifted under subparagraph (M) of paragraph | ||
| ||
(B) Instructional materials under subparagraph | ||
| ||
(C) Assessment under subparagraph (P) of | ||
| ||
(D) Student activities under subparagraph (R) of | ||
| ||
(E) Maintenance and operations under subparagraph | ||
| ||
(F) Central office under subparagraph (T) of | ||
| ||
(i) Professional Review Panel. (1) A Professional Review Panel is created to study | ||
| ||
(A) Two appointees that represent district | ||
| ||
(B) Two appointees that represent school boards, | ||
| ||
(C) Two appointees from districts that represent | ||
| ||
(D) Two appointees that represent school | ||
| ||
(E) Two appointees that represent teachers, | ||
| ||
(F) Two appointees that represent teachers, | ||
| ||
(G) Two appointees that represent regional | ||
| ||
(H) Two independent experts selected solely by | ||
| ||
(I) Two independent experts recommended by public | ||
| ||
(J) One member recommended by a statewide | ||
| ||
(K) Two representatives recommended by collective | ||
| ||
(L) One member from a statewide organization | ||
| ||
(M) One representative from a school district | ||
| ||
The State Superintendent shall ensure that the | ||
| ||
(2) In addition to those Panel members appointed by | ||
| ||
(3) The Panel must study topics at the direction of | ||
| ||
(A) The format and scope of annual spending plans | ||
| ||
(B) The Comparable Wage Index under this Section. (C) Maintenance and operations, including capital | ||
| ||
(D) "At-risk student" definition. (E) Benefits. (F) Technology. (G) Local Capacity Target. (H) Funding for Alternative Schools, Laboratory | ||
| ||
(I) Funding for college and career acceleration | ||
| ||
(J) Special education investments. (K) Early childhood investments, in collaboration | ||
| ||
(4) (Blank). (5) Within 5 years after the implementation of this | ||
| ||
(6) (Blank). (7) To ensure that (i) the Adequacy Target | ||
| ||
(A) The financial ability of school districts to | ||
| ||
(B) The adult-to-student ratio for each Essential | ||
| ||
(C) Changes to the Essential Elements that may be | ||
| ||
(D) The impact of investing $350,000,000 in | ||
| ||
(E) Provide an overview of alternative funding | ||
| ||
(F) The potential to increase efficiency and to | ||
| ||
(G) The appropriate levels for reenrolling and | ||
| ||
(H) The evidence-based or research-based | ||
| ||
On or before December 31, 2021, the Panel shall | ||
| ||
(8) On or before April 1, 2024, the Panel must submit | ||
| ||
(j) References. Beginning July 1, 2017, references in other laws to general State aid funds or calculations under Section 18-8.05 of this Code (now repealed) shall be deemed to be references to evidence-based model formula funds or calculations under this Section. (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8, eff. 6-7-23.) (Text of Section from P.A. 103-154) Sec. 18-8.15. Evidence-Based Funding for student success for the 2017-2018 and subsequent school years. (a) General provisions. (1) The purpose of this Section is to ensure that, | ||
| ||
(A) provide all students with a high quality | ||
| ||
(B) ensure all students receive the education | ||
| ||
(C) reduce, with a goal of eliminating, the | ||
| ||
(D) ensure this State satisfies its obligation to | ||
| ||
(2) The Evidence-Based Funding formula under this | ||
| ||
(A) First, the model calculates a unique Adequacy | ||
| ||
(B) Second, the model calculates each | ||
| ||
(C) Third, the model calculates how much funding | ||
| ||
(D) Finally, the model's distribution method | ||
| ||
(3) An Organizational Unit receiving any funding | ||
| ||
(4) As used in this Section, the following terms | ||
| ||
"Adequacy Target" is defined in paragraph (1) of | ||
| ||
"Adjusted EAV" is defined in paragraph (4) of | ||
| ||
"Adjusted Local Capacity Target" is defined in | ||
| ||
"Adjusted Operating Tax Rate" means a tax rate for | ||
| ||
"Allocation Rate" is defined in paragraph (3) of | ||
| ||
"Alternative School" means a public school that is | ||
| ||
"Applicable Tax Rate" is defined in paragraph (1) of | ||
| ||
"Assessment" means any of those benchmark, progress | ||
| ||
"Assistant principal" means a school administrator | ||
| ||
"At-risk student" means a student who is at risk of | ||
| ||
"Average Student Enrollment" or "ASE" for fiscal year | ||
| ||
"Base Funding Guarantee" is defined in paragraph (10) | ||
| ||
"Base Funding Minimum" is defined in subsection (e) | ||
| ||
"Base Tax Year" means the property tax levy year used | ||
| ||
"Base Tax Year's Extension" means the product of the | ||
| ||
"Bilingual Education Allocation" means the amount of | ||
| ||
"Budget Year" means the school year for which primary | ||
| ||
"Central office" means individual administrators and | ||
| ||
"Comparable Wage Index" or "CWI" means a regional | ||
| ||
"Computer technology and equipment" means computers | ||
| ||
"Computer technology and equipment investment | ||
| ||
"Core subject" means mathematics; science; reading, | ||
| ||
"Core teacher" means a regular classroom teacher in | ||
| ||
"Core Intervention teacher (tutor)" means a licensed | ||
| ||
"CPPRT" means corporate personal property replacement | ||
| ||
"EAV" means equalized assessed valuation as defined | ||
| ||
"ECI" means the Bureau of Labor Statistics' national | ||
| ||
"EIS Data" means the employment information system | ||
| ||
"Employee benefits" means health, dental, and vision | ||
| ||
"English learner" or "EL" means a child included in | ||
| ||
"Essential Elements" means those elements, resources, | ||
| ||
"Evidence-Based Funding" means State funding provided | ||
| ||
"Extended day" means academic and enrichment programs | ||
| ||
"Extension Limitation Ratio" means a numerical ratio | ||
| ||
"Final Percent of Adequacy" is defined in paragraph | ||
| ||
"Final Resources" is defined in paragraph (3) of | ||
| ||
"Full-time equivalent" or "FTE" means the full-time | ||
| ||
"Funding Gap" is defined in paragraph (1) of | ||
| ||
"Hybrid District" means a partial elementary unit | ||
| ||
"Instructional assistant" means a core or special | ||
| ||
"Instructional facilitator" means a qualified teacher | ||
| ||
"Instructional materials" means relevant | ||
| ||
"Laboratory School" means a public school that is | ||
| ||
"Librarian" means a teacher with an endorsement as a | ||
| ||
"Limiting rate for Hybrid Districts" means the | ||
| ||
"Local Capacity" is defined in paragraph (1) of | ||
| ||
"Local Capacity Percentage" is defined in | ||
| ||
"Local Capacity Ratio" is defined in subparagraph (B) | ||
| ||
"Local Capacity Target" is defined in paragraph (2) | ||
| ||
"Low-Income Count" means, for an Organizational Unit | ||
| ||
"Maintenance and operations" means custodial | ||
| ||
"Minimum Funding Level" is defined in paragraph (9) | ||
| ||
"New Property Tax Relief Pool Funds" means, for any | ||
| ||
"New State Funds" means, for a given school year, all | ||
| ||
"Nurse" means an individual licensed as a certified | ||
| ||
"Operating Tax Rate" means the rate utilized in the | ||
| ||
"Organizational Unit" means a Laboratory School or | ||
| ||
"Organizational Unit CWI" is determined by | ||
| ||
"Preceding Tax Year" means the property tax levy year | ||
| ||
"Preceding Tax Year's Extension" means the product of | ||
| ||
"Preliminary Percent of Adequacy" is defined in | ||
| ||
"Preliminary Resources" is defined in paragraph (2) | ||
| ||
"Principal" means a school administrator duly | ||
| ||
"Professional development" means training programs | ||
| ||
"Prototypical" means 450 special education | ||
| ||
"PTELL" means the Property Tax Extension Limitation | ||
| ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
| ||
"Pupil support staff" means a nurse, psychologist, | ||
| ||
"Real Receipts" is defined in paragraph (1) of | ||
| ||
"Regionalization Factor" means, for a particular | ||
| ||
"School counselor" means a licensed school counselor | ||
| ||
"School site staff" means the primary school | ||
| ||
"Special education" means special educational | ||
| ||
"Special Education Allocation" means the amount of an | ||
| ||
"Specialist teacher" means a teacher who provides | ||
| ||
"Specially Funded Unit" means an Alternative School, | ||
| ||
"Supplemental Grant Funding" means supplemental | ||
| ||
"State Adequacy Level" is the sum of the Adequacy | ||
| ||
"State Board" means the State Board of Education. "State Superintendent" means the State Superintendent | ||
| ||
"Statewide Weighted CWI" means a figure determined by | ||
| ||
"Student activities" means non-credit producing | ||
| ||
"Substitute teacher" means an individual teacher or | ||
| ||
"Summer school" means academic and enrichment | ||
| ||
"Supervisory aide" means a non-licensed staff member | ||
| ||
"Target Ratio" is defined in paragraph (4) of | ||
| ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are | ||
| ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||
| ||
(b) Adequacy Target calculation. (1) Each Organizational Unit's Adequacy Target is | ||
| ||
(2) The Essential Elements are attributable on a pro | ||
| ||
(A) Core class size investments. Each | ||
| ||
(i) For grades kindergarten through 3, the | ||
| ||
(ii) For grades 4 through 12, the | ||
| ||
The number of non-Low-Income Count students in a | ||
| ||
(B) Specialist teacher investments. Each | ||
| ||
(i) if the Organizational Unit operates an | ||
| ||
(ii) if such Organizational Unit operates a | ||
| ||
(C) Instructional facilitator investments. Each | ||
| ||
(D) Core intervention teacher (tutor) | ||
| ||
(E) Substitute teacher investments. Each | ||
| ||
(F) Core school counselor investments. Each | ||
| ||
(G) Nurse investments. Each Organizational Unit | ||
| ||
(H) Supervisory aide investments. Each | ||
| ||
(I) Librarian investments. Each Organizational | ||
| ||
(J) Principal investments. Each Organizational | ||
| ||
(K) Assistant principal investments. Each | ||
| ||
(L) School site staff investments. Each | ||
| ||
(M) Gifted investments. Each Organizational Unit | ||
| ||
(N) Professional development investments. Each | ||
| ||
(O) Instructional material investments. Each | ||
| ||
(P) Assessment investments. Each Organizational | ||
| ||
(Q) Computer technology and equipment | ||
| ||
(R) Student activities investments. Each | ||
| ||
(S) Maintenance and operations investments. Each | ||
| ||
(T) Central office investments. Each | ||
| ||
(U) Employee benefit investments. Each | ||
| ||
(V) Additional investments in low-income | ||
| ||
(i) one FTE intervention teacher (tutor) | ||
| ||
(ii) one FTE pupil support staff position for | ||
| ||
(iii) one FTE extended day teacher position | ||
| ||
(iv) one FTE summer school teacher position | ||
| ||
(W) Additional investments in English learner | ||
| ||
(i) one FTE intervention teacher (tutor) | ||
| ||
(ii) one FTE pupil support staff position for | ||
| ||
(iii) one FTE extended day teacher position | ||
| ||
(iv) one FTE summer school teacher position | ||
| ||
(v) one FTE core teacher position for every | ||
| ||
(X) Special education investments. Each | ||
| ||
(i) one FTE teacher position for every 141 | ||
| ||
(ii) one FTE instructional assistant for | ||
| ||
(iii) one FTE psychologist position for every | ||
| ||
(3) For calculating the salaries included within the | ||
| ||
(A) Teacher for grades K through 8. (B) Teacher for grades 9 through 12. (C) Teacher for grades K through 12. (D) School counselor for grades K through 8. (E) School counselor for grades 9 through 12. (F) School counselor for grades K through 12. (G) Social worker. (H) Psychologist. (I) Librarian. (J) Nurse. (K) Principal. (L) Assistant principal. For the purposes of this paragraph (3), "teacher" | ||
| ||
For calculating the salaries included within the | ||
| ||
(i) school site staff, $30,000; and (ii) non-instructional assistant, instructional | ||
| ||
In the second and subsequent years of implementation | ||
| ||
The salary amounts for the Essential Elements | ||
| ||
(c) Local Capacity calculation. (1) Each Organizational Unit's Local Capacity | ||
| ||
(2) "Local Capacity Target" means, for an | ||
| ||
(A) An Organizational Unit's Local Capacity | ||
| ||
(B) An Organizational Unit's Local Capacity Ratio | ||
| ||
(i) for Organizational Units serving grades | ||
| ||
(ii) for Organizational Units serving grades | ||
| ||
(iii) for Organizational Units serving grades | ||
| ||
(iv) for an Organizational Unit with a | ||
| ||
(C) The Local Capacity Percentage is equal to the | ||
| ||
(D) For any Organizational Unit, the | ||
| ||
(3) If an Organizational Unit's Real Receipts are | ||
| ||
As used in this paragraph (3), "Real Percent of | ||
| ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for purposes of the Local Capacity calculation. (1) An Organizational Unit's Real Receipts are the | ||
| ||
(2) The State Superintendent shall calculate the | ||
| ||
(3) To calculate Real Receipts and EAV, the | ||
| ||
(A) The Department of Revenue shall add to the | ||
| ||
(B) With respect to any part of an Organizational | ||
| ||
(B-5) The real property equalized assessed | ||
| ||
(C) For Organizational Units that are Hybrid | ||
| ||
(D) If a school district's boundaries span | ||
| ||
(4) An Organizational Unit's Adjusted EAV shall be | ||
| ||
"PTELL EAV" means a figure calculated by the State | ||
| ||
As used in this paragraph (4), "new property" and | ||
| ||
(e) Base Funding Minimum calculation. (1) For the 2017-2018 school year, the Base Funding | ||
| ||
(2) For the 2018-2019 and subsequent school years, | ||
| ||
For the 2022-2023 school year, the Base Funding | ||
| ||
(3) Subject to approval by the General Assembly as | ||
| ||
(A) The Organizational Unit is operating under | ||
| ||
(B) The Organizational Unit was designated as a | ||
| ||
(C) The Organizational Unit demonstrates | ||
| ||
(D) The Organizational Unit has made sufficient | ||
| ||
As part of its determination under this paragraph | ||
| ||
If the State Board determines that an Organizational | ||
| ||
For the first 4 years following the initial year that | ||
| ||
(f) Percent of Adequacy and Final Resources calculation. (1) The Evidence-Based Funding formula establishes a | ||
| ||
(2) An Organizational Unit's Preliminary Resources | ||
| ||
(3) Except for Specially Funded Units, an | ||
| ||
(4) An Organizational Unit's Final Percent of | ||
| ||
(g) Evidence-Based Funding formula distribution system. (1) In each school year under the Evidence-Based | ||
| ||
(2) To ensure equitable distribution of dollars for | ||
| ||
(3) Organizational Units are placed into one of 4 | ||
| ||
(A) Tier 1 consists of all Organizational Units, | ||
| ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
| ||
(C) Tier 3 consists of all Organizational Units, | ||
| ||
(D) Tier 4 consists of all Organizational Units | ||
| ||
(4) The Allocation Rates for Tiers 1 through 4 are | ||
| ||
(A) The Tier 1 Allocation Rate is 30%. (B) The Tier 2 Allocation Rate is the result of | ||
| ||
(C) The Tier 3 Allocation Rate is the result of | ||
| ||
(D) The Tier 4 Allocation Rate is the result of | ||
| ||
(5) A tier's Target Ratio is determined as follows: (A) The Tier 1 Target Ratio is the ratio level | ||
| ||
(B) The Tier 2 Target Ratio is 0.90. (C) The Tier 3 Target Ratio is 1.0. (6) If, at any point, the Tier 1 Target Ratio is | ||
| ||
(7) In the event that all Tier 2 Organizational Units | ||
| ||
(8) If any Specially Funded Units, excluding Glenwood | ||
| ||
(8.5) If a school district withdraws from a special | ||
| ||
(9) The Minimum Funding Level is intended to | ||
| ||
(A) First, Tier 4 funding shall be reduced by an | ||
| ||
(B) Next, Tier 3 funding shall be reduced by an | ||
| ||
(C) Next, Tier 2 funding shall be reduced by an | ||
| ||
(D) Finally, Tier 1 funding shall be reduced by | ||
| ||
(9.5) For State fiscal year 2019 and subsequent State | ||
| ||
(10) In the event of a decrease in the amount of the | ||
| ||
(11) The State Superintendent shall make minor | ||
| ||
(h) State Superintendent administration of funding and district submission requirements. (1) The State Superintendent shall, in accordance | ||
| ||
(2) The State Superintendent shall calculate the | ||
| ||
(3) Annually, the State Superintendent shall | ||
| ||
(4) Annually, the State Superintendent shall | ||
| ||
(5) Moneys distributed under this Section shall be | ||
| ||
(6) Any school district that fails, for any given | ||
| ||
(7) School district claims filed under this Section | ||
| ||
(8) Each fiscal year, the State Superintendent shall | ||
| ||
(9) All Organizational Units in this State must | ||
| ||
(10) No later than January 1, 2018, the State | ||
| ||
(A) a framework for collaborative, professional, | ||
| ||
(B) ways to prepare and support this State's | ||
| ||
(C) application and enhancement of the current | ||
| ||
(D) implementation of an effective school | ||
| ||
(11) On an annual basis, the State Superintendent | ||
| ||
(A) Gifted under subparagraph (M) of paragraph | ||
| ||
(B) Instructional materials under subparagraph | ||
| ||
(C) Assessment under subparagraph (P) of | ||
| ||
(D) Student activities under subparagraph (R) of | ||
| ||
(E) Maintenance and operations under subparagraph | ||
| ||
(F) Central office under subparagraph (T) of | ||
| ||
(i) Professional Review Panel. (1) A Professional Review Panel is created to study | ||
| ||
(A) Two appointees that represent district | ||
| ||
(B) Two appointees that represent school boards, | ||
| ||
(C) Two appointees from districts that represent | ||
| ||
(D) Two appointees that represent school | ||
| ||
(E) Two appointees that represent teachers, | ||
| ||
(F) Two appointees that represent teachers, | ||
| ||
(G) Two appointees that represent regional | ||
| ||
(H) Two independent experts selected solely by | ||
| ||
(I) Two independent experts recommended by public | ||
| ||
(J) One member recommended by a statewide | ||
| ||
(K) Two representatives recommended by collective | ||
| ||
(L) One member from a statewide organization | ||
| ||
(M) One representative from a school district | ||
| ||
The State Superintendent shall ensure that the | ||
| ||
(2) In addition to those Panel members appointed by | ||
| ||
(3) The Panel must study topics at the direction of | ||
| ||
(A) The format and scope of annual spending plans | ||
| ||
(B) The Comparable Wage Index under this Section. (C) Maintenance and operations, including capital | ||
| ||
(D) "At-risk student" definition. (E) Benefits. (F) Technology. (G) Local Capacity Target. (H) Funding for Alternative Schools, Laboratory | ||
| ||
(I) Funding for college and career acceleration | ||
| ||
(J) Special education investments. (K) Early childhood investments, in collaboration | ||
| ||
(4) (Blank). (5) Within 5 years after the implementation of this | ||
| ||
(6) (Blank). (7) To ensure that (i) the Adequacy Target | ||
| ||
(A) The financial ability of school districts to | ||
| ||
(B) The adult-to-student ratio for each Essential | ||
| ||
(C) Changes to the Essential Elements that may be | ||
| ||
(D) The impact of investing $350,000,000 in | ||
| ||
(E) Provide an overview of alternative funding | ||
| ||
(F) The potential to increase efficiency and to | ||
| ||
(G) The appropriate levels for reenrolling and | ||
| ||
(H) The evidence-based or research-based | ||
| ||
On or before December 31, 2021, the Panel shall | ||
| ||
(j) References. Beginning July 1, 2017, references in other laws to general State aid funds or calculations under Section 18-8.05 of this Code (now repealed) shall be deemed to be references to evidence-based model formula funds or calculations under this Section. (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-154, eff. 6-30-23.) (Text of Section from P.A. 103-175) Sec. 18-8.15. Evidence-Based Funding for student success for the 2017-2018 and subsequent school years. (a) General provisions. (1) The purpose of this Section is to ensure that, | ||
| ||
(A) provide all students with a high quality | ||
| ||
(B) ensure all students receive the education | ||
| ||
(C) reduce, with a goal of eliminating, the | ||
| ||
(D) ensure this State satisfies its obligation to | ||
| ||
(2) The Evidence-Based Funding formula under this | ||
| ||
(A) First, the model calculates a unique Adequacy | ||
| ||
(B) Second, the model calculates each | ||
| ||
(C) Third, the model calculates how much funding | ||
| ||
(D) Finally, the model's distribution method | ||
| ||
(3) An Organizational Unit receiving any funding | ||
| ||
(4) As used in this Section, the following terms | ||
| ||
"Adequacy Target" is defined in paragraph (1) of | ||
| ||
"Adjusted EAV" is defined in paragraph (4) of | ||
| ||
"Adjusted Local Capacity Target" is defined in | ||
| ||
"Adjusted Operating Tax Rate" means a tax rate for | ||
| ||
"Allocation Rate" is defined in paragraph (3) of | ||
| ||
"Alternative School" means a public school that is | ||
| ||
"Applicable Tax Rate" is defined in paragraph (1) of | ||
| ||
"Assessment" means any of those benchmark, progress | ||
| ||
"Assistant principal" means a school administrator | ||
| ||
"At-risk student" means a student who is at risk of | ||
| ||
"Average Student Enrollment" or "ASE" for fiscal year | ||
| ||
"Base Funding Guarantee" is defined in paragraph (10) | ||
| ||
"Base Funding Minimum" is defined in subsection (e) | ||
| ||
"Base Tax Year" means the property tax levy year used | ||
| ||
"Base Tax Year's Extension" means the product of the | ||
| ||
"Bilingual Education Allocation" means the amount of | ||
| ||
"Budget Year" means the school year for which primary | ||
| ||
"Central office" means individual administrators and | ||
| ||
"Comparable Wage Index" or "CWI" means a regional | ||
| ||
"Computer technology and equipment" means computers | ||
| ||
"Computer technology and equipment investment | ||
| ||
"Core subject" means mathematics; science; reading, | ||
| ||
"Core teacher" means a regular classroom teacher in | ||
| ||
"Core Intervention teacher (tutor)" means a licensed | ||
| ||
"CPPRT" means corporate personal property replacement | ||
| ||
"EAV" means equalized assessed valuation as defined | ||
| ||
"ECI" means the Bureau of Labor Statistics' national | ||
| ||
"EIS Data" means the employment information system | ||
| ||
"Employee benefits" means health, dental, and vision | ||
| ||
"English learner" or "EL" means a child included in | ||
| ||
"Essential Elements" means those elements, resources, | ||
| ||
"Evidence-Based Funding" means State funding provided | ||
| ||
"Extended day" means academic and enrichment programs | ||
| ||
"Extension Limitation Ratio" means a numerical ratio | ||
| ||
"Final Percent of Adequacy" is defined in paragraph | ||
| ||
"Final Resources" is defined in paragraph (3) of | ||
| ||
"Full-time equivalent" or "FTE" means the full-time | ||
| ||
"Funding Gap" is defined in paragraph (1) of | ||
| ||
"Hybrid District" means a partial elementary unit | ||
| ||
"Instructional assistant" means a core or special | ||
| ||
"Instructional facilitator" means a qualified teacher | ||
| ||
"Instructional materials" means relevant | ||
| ||
"Laboratory School" means a public school that is | ||
| ||
"Librarian" means a teacher with an endorsement as a | ||
| ||
"Limiting rate for Hybrid Districts" means the | ||
| ||
"Local Capacity" is defined in paragraph (1) of | ||
| ||
"Local Capacity Percentage" is defined in | ||
| ||
"Local Capacity Ratio" is defined in subparagraph (B) | ||
| ||
"Local Capacity Target" is defined in paragraph (2) | ||
| ||
"Low-Income Count" means, for an Organizational Unit | ||
| ||
"Maintenance and operations" means custodial | ||
| ||
"Minimum Funding Level" is defined in paragraph (9) | ||
| ||
"New Property Tax Relief Pool Funds" means, for any | ||
| ||
"New State Funds" means, for a given school year, all | ||
| ||
"Nurse" means an individual licensed as a certified | ||
| ||
"Operating Tax Rate" means the rate utilized in the | ||
| ||
"Organizational Unit" means a Laboratory School or | ||
| ||
"Organizational Unit CWI" is determined by | ||
| ||
"Preceding Tax Year" means the property tax levy year | ||
| ||
"Preceding Tax Year's Extension" means the product of | ||
| ||
"Preliminary Percent of Adequacy" is defined in | ||
| ||
"Preliminary Resources" is defined in paragraph (2) | ||
| ||
"Principal" means a school administrator duly | ||
| ||
"Professional development" means training programs | ||
| ||
"Prototypical" means 450 special education | ||
| ||
"PTELL" means the Property Tax Extension Limitation | ||
| ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
| ||
"Pupil support staff" means a nurse, psychologist, | ||
| ||
"Real Receipts" is defined in paragraph (1) of | ||
| ||
"Regionalization Factor" means, for a particular | ||
| ||
"School counselor" means a licensed school counselor | ||
| ||
"School site staff" means the primary school | ||
| ||
"Special education" means special educational | ||
| ||
"Special Education Allocation" means the amount of an | ||
| ||
"Specialist teacher" means a teacher who provides | ||
| ||
"Specially Funded Unit" means an Alternative School, | ||
| ||
"Supplemental Grant Funding" means supplemental | ||
| ||
"State Adequacy Level" is the sum of the Adequacy | ||
| ||
"State Board" means the State Board of Education. "State Superintendent" means the State Superintendent | ||
| ||
"Statewide Weighted CWI" means a figure determined by | ||
| ||
"Student activities" means non-credit producing | ||
| ||
"Substitute teacher" means an individual teacher or | ||
| ||
"Summer school" means academic and enrichment | ||
| ||
"Supervisory aide" means a non-licensed staff member | ||
| ||
"Target Ratio" is defined in paragraph (4) of | ||
| ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are | ||
| ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||
| ||
(b) Adequacy Target calculation. (1) Each Organizational Unit's Adequacy Target is | ||
| ||
(2) The Essential Elements are attributable on a pro | ||
| ||
(A) Core class size investments. Each | ||
| ||
(i) For grades kindergarten through 3, the | ||
| ||
(ii) For grades 4 through 12, the | ||
| ||
The number of non-Low-Income Count students in a | ||
| ||
(B) Specialist teacher investments. Each | ||
| ||
(i) if the Organizational Unit operates an | ||
| ||
(ii) if such Organizational Unit operates a | ||
| ||
(C) Instructional facilitator investments. Each | ||
| ||
(D) Core intervention teacher (tutor) | ||
| ||
(E) Substitute teacher investments. Each | ||
| ||
(F) Core school counselor investments. Each | ||
| ||
(G) Nurse investments. Each Organizational Unit | ||
| ||
(H) Supervisory aide investments. Each | ||
| ||
(I) Librarian investments. Each Organizational | ||
| ||
(J) Principal investments. Each Organizational | ||
| ||
(K) Assistant principal investments. Each | ||
| ||
(L) School site staff investments. Each | ||
| ||
(M) Gifted investments. Each Organizational Unit | ||
| ||
(N) Professional development investments. Each | ||
| ||
(O) Instructional material investments. Each | ||
| ||
(P) Assessment investments. Each Organizational | ||
| ||
(Q) Computer technology and equipment | ||
| ||
(R) Student activities investments. Each | ||
| ||
(S) Maintenance and operations investments. Each | ||
| ||
(T) Central office investments. Each | ||
| ||
(U) Employee benefit investments. Each | ||
| ||
(V) Additional investments in low-income | ||
| ||
(i) one FTE intervention teacher (tutor) | ||
| ||
(ii) one FTE pupil support staff position for | ||
| ||
(iii) one FTE extended day teacher position | ||
| ||
(iv) one FTE summer school teacher position | ||
| ||
(W) Additional investments in English learner | ||
| ||
(i) one FTE intervention teacher (tutor) | ||
| ||
(ii) one FTE pupil support staff position for | ||
| ||
(iii) one FTE extended day teacher position | ||
| ||
(iv) one FTE summer school teacher position | ||
| ||
(v) one FTE core teacher position for every | ||
| ||
(X) Special education investments. Each | ||
| ||
(i) one FTE teacher position for every 141 | ||
| ||
(ii) one FTE instructional assistant for | ||
| ||
(iii) one FTE psychologist position for every | ||
| ||
(3) For calculating the salaries included within the | ||
| ||
(A) Teacher for grades K through 8. (B) Teacher for grades 9 through 12. (C) Teacher for grades K through 12. (D) School counselor for grades K through 8. (E) School counselor for grades 9 through 12. (F) School counselor for grades K through 12. (G) Social worker. (H) Psychologist. (I) Librarian. (J) Nurse. (K) Principal. (L) Assistant principal. For the purposes of this paragraph (3), "teacher" | ||
| ||
For calculating the salaries included within the | ||
| ||
(i) school site staff, $30,000; and (ii) non-instructional assistant, instructional | ||
| ||
In the second and subsequent years of implementation | ||
| ||
The salary amounts for the Essential Elements | ||
| ||
(c) Local Capacity calculation. (1) Each Organizational Unit's Local Capacity | ||
| ||
(2) "Local Capacity Target" means, for an | ||
| ||
(A) An Organizational Unit's Local Capacity | ||
| ||
(B) An Organizational Unit's Local Capacity Ratio | ||
| ||
(i) for Organizational Units serving grades | ||
| ||
(ii) for Organizational Units serving grades | ||
| ||
(iii) for Organizational Units serving grades | ||
| ||
(iv) for an Organizational Unit with a | ||
| ||
(C) The Local Capacity Percentage is equal to the | ||
| ||
(D) For any Organizational Unit, the | ||
| ||
(3) If an Organizational Unit's Real Receipts are | ||
| ||
As used in this paragraph (3), "Real Percent of | ||
| ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV for purposes of the Local Capacity calculation. (1) An Organizational Unit's Real Receipts are the | ||
| ||
(2) The State Superintendent shall calculate the | ||
| ||
(3) To calculate Real Receipts and EAV, the | ||
| ||
(A) The Department of Revenue shall add to the | ||
| ||
(B) With respect to any part of an Organizational | ||
| ||
(B-5) The real property equalized assessed | ||
| ||
(C) For Organizational Units that are Hybrid | ||
| ||
(D) If a school district's boundaries span | ||
| ||
(4) An Organizational Unit's Adjusted EAV shall be | ||
| ||
"PTELL EAV" means a figure calculated by the State | ||
| ||
As used in this paragraph (4), "new property" and | ||
| ||
(e) Base Funding Minimum calculation. (1) For the 2017-2018 school year, the Base Funding | ||
| ||
(2) For the 2018-2019 and subsequent school years, | ||
| ||
For the 2022-2023 school year, the Base Funding | ||
| ||
(3) Subject to approval by the General Assembly as | ||
| ||
(A) The Organizational Unit is operating under | ||
| ||
(B) The Organizational Unit was designated as a | ||
| ||
(C) The Organizational Unit demonstrates | ||
| ||
(D) The Organizational Unit has made sufficient | ||
| ||
As part of its determination under this paragraph | ||
| ||
If the State Board determines that an Organizational | ||
| ||
For the first 4 years following the initial year that | ||
| ||
(f) Percent of Adequacy and Final Resources calculation. (1) The Evidence-Based Funding formula establishes a | ||
| ||
(2) An Organizational Unit's Preliminary Resources | ||
| ||
(3) Except for Specially Funded Units, an | ||
| ||
(4) An Organizational Unit's Final Percent of | ||
| ||
(g) Evidence-Based Funding formula distribution system. (1) In each school year under the Evidence-Based | ||
| ||
(2) To ensure equitable distribution of dollars for | ||
| ||
(3) Organizational Units are placed into one of 4 | ||
| ||
(A) Tier 1 consists of all Organizational Units, | ||
| ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
| ||
(C) Tier 3 consists of all Organizational Units, | ||
| ||
(D) Tier 4 consists of all Organizational Units | ||
| ||
(4) The Allocation Rates for Tiers 1 through 4 are | ||
| ||
(A) The Tier 1 Allocation Rate is 30%. (B) The Tier 2 Allocation Rate is the result of | ||
| ||
(C) The Tier 3 Allocation Rate is the result of | ||
| ||
(D) The Tier 4 Allocation Rate is the result of | ||
| ||
(5) A tier's Target Ratio is determined as follows: (A) The Tier 1 Target Ratio is the ratio level | ||
| ||
(B) The Tier 2 Target Ratio is 0.90. (C) The Tier 3 Target Ratio is 1.0. (6) If, at any point, the Tier 1 Target Ratio is | ||
| ||
(7) In the event that all Tier 2 Organizational Units | ||
| ||
(8) If any Specially Funded Units, excluding Glenwood | ||
| ||
(8.5) If a school district withdraws from a special | ||
| ||
(9) The Minimum Funding Level is intended to | ||
| ||
(A) First, Tier 4 funding shall be reduced by an | ||
| ||
(B) Next, Tier 3 funding shall be reduced by an | ||
| ||
(C) Next, Tier 2 funding shall be reduced by an | ||
| ||
(D) Finally, Tier 1 funding shall be reduced by | ||
| ||
(9.5) For State fiscal year 2019 and subsequent State | ||
| ||
(10) In the event of a decrease in the amount of the | ||
| ||
(11) The State Superintendent shall make minor | ||
| ||
(h) State Superintendent administration of funding and district submission requirements. (1) The State Superintendent shall, in accordance | ||
| ||
(2) The State Superintendent shall calculate the | ||
| ||
(3) Annually, the State Superintendent shall | ||
| ||
(4) Annually, the State Superintendent shall | ||
| ||
(5) Moneys distributed under this Section shall be | ||
| ||
(6) Any school district that fails, for any given | ||
| ||
(7) School district claims filed under this Section | ||
| ||
(8) Each fiscal year, the State Superintendent shall | ||
| ||
(9) All Organizational Units in this State must | ||
| ||
(10) No later than January 1, 2018, the State | ||
| ||
(A) a framework for collaborative, professional, | ||
| ||
(B) ways to prepare and support this State's | ||
| ||
(C) application and enhancement of the current | ||
| ||
(D) implementation of an effective school | ||
| ||
(11) On an annual basis, the State Superintendent | ||
| ||
(A) Gifted under subparagraph (M) of paragraph | ||
| ||
(B) Instructional materials under subparagraph | ||
| ||
(C) Assessment under subparagraph (P) of | ||
| ||
(D) Student activities under subparagraph (R) of | ||
| ||
(E) Maintenance and operations under subparagraph | ||
| ||
(F) Central office under subparagraph (T) of | ||
| ||
(i) Professional Review Panel. (1) A Professional Review Panel is created to study | ||
| ||
(A) Two appointees that represent district | ||
| ||
(B) Two appointees that represent school boards, | ||
| ||
(C) Two appointees from districts that represent | ||
| ||
(D) Two appointees that represent school | ||
| ||
(E) Two appointees that represent teachers, | ||
| ||
(F) Two appointees that represent teachers, | ||
| ||
(G) Two appointees that represent regional | ||
| ||
(H) Two independent experts selected solely by | ||
| ||
(I) Two independent experts recommended by public | ||
| ||
(J) One member recommended by a statewide | ||
| ||
(K) Two representatives recommended by collective | ||
| ||
(L) One member from a statewide organization | ||
| ||
(M) One representative from a school district | ||
| ||
The State Superintendent shall ensure that the | ||
| ||
(2) In addition to those Panel members appointed by | ||
| ||
(3) The Panel must study topics at the direction of | ||
| ||
(A) The format and scope of annual spending plans | ||
| ||
(B) The Comparable Wage Index under this Section. (C) Maintenance and operations, including capital | ||
| ||
(D) "At-risk student" definition. (E) Benefits. (F) Technology. (G) Local Capacity Target. (H) Funding for Alternative Schools, Laboratory | ||
| ||
(I) Funding for college and career acceleration | ||
| ||
(J) Special education investments. (K) Early childhood investments, in collaboration | ||
| ||
(4) (Blank). (5) Within 5 years after the implementation of this | ||
| ||
(6) (Blank). (7) To ensure that (i) the Adequacy Target | ||
| ||
(A) The financial ability of school districts to | ||
| ||
(B) The adult-to-student ratio for each Essential | ||
| ||
(C) Changes to the Essential Elements that may be | ||
| ||
(D) The impact of investing $350,000,000 in | ||
| ||
(E) Provide an overview of alternative funding | ||
| ||
(F) The potential to increase efficiency and to | ||
| ||
(G) The appropriate levels for reenrolling and | ||
| ||
(H) The evidence-based or research-based | ||
| ||
On or before December 31, 2021, the Panel shall | ||
| ||
(j) References. Beginning July 1, 2017, references in other laws to general State aid funds or calculations under Section 18-8.05 of this Code (now repealed) shall be deemed to be references to evidence-based model formula funds or calculations under this Section. (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-175, eff. 6-30-23.) |
(105 ILCS 5/18-9) (from Ch. 122, par. 18-9)
Sec. 18-9. Requirement for special equalization and supplementary
State aid. If property comprising an aggregate assessed valuation equal to 6% or
more
of the total assessed valuation of all taxable property in a school district is
owned by a
person or corporation that is the subject of bankruptcy proceedings or that has
been
adjudged bankrupt and, as a result thereof, has not paid taxes on the
property, then the
district may amend its general State aid or evidence-based funding claim (i) back to the inception of the
bankruptcy,
not to exceed 6 years, in which time those taxes were not paid and (ii) for
each
succeeding year that those taxes remain unpaid, by adding to the claim an
amount
determined by multiplying the assessed valuation of the property on which taxes
have not
been paid due to the bankruptcy by the lesser of the total tax rate for the
district for the
tax year for which the taxes are unpaid or the applicable rate used in
calculating the
district's general State aid under paragraph (3) of subsection (D) of Section
18-8.05 of
this Code or evidence-based funding under Section
18-8.15 of
this Code, as applicable. If at any time a district that receives additional State aid under
this Section receives tax revenue from the property for the years that taxes were not
paid, the
district's next claim for State aid shall be reduced in an amount equal to the
taxes paid on
the property, not to exceed the additional State aid received under this Section.
Claims under this Section shall be filed on forms prescribed by the
State
Superintendent of Education, and the State Superintendent of Education, upon
receipt of
a claim, shall adjust the claim in accordance with the provisions of this Section.
Supplementary State aid for each succeeding year under this Section
shall be paid
beginning with the first general State aid or evidence-based funding claim paid after the district has
filed a
completed claim in accordance with this Section.
(Source: P.A. 100-465, eff. 8-31-17.)
|
(105 ILCS 5/18-10)
Sec. 18-10. (Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 94-1105, eff. 6-1-07.)
|
(105 ILCS 5/18-11) (from Ch. 122, par. 18-11)
Sec. 18-11. Payment of claims.
(a) With respect to payments for each fiscal year before fiscal year 2009, except payments for the period of June 1982 through July 1983 and payments for fiscal year 1994, as soon as may
be after the 10th and 20th days of each of the months of August through the
following July, if moneys are available in the common school fund
in the State treasury for payments under Sections 18-8.05 through 18-9, the State
Comptroller shall draw his warrants upon the State Treasurer as directed by
the State Board of Education pursuant to Section 2-3.17b and
in accordance with the transfers from the General Revenue Fund to the
Common School Fund as specified in Section 8a of the State Finance Act.
Each such semimonthly warrant shall
be in an amount equal to 1/24 of the total amount to be distributed to school
districts for the fiscal year.
The amount of payments made in July of each year shall be
considered as payments for claims covering the school year that commenced
during the immediately preceding calendar year.
If the payments provided for under Sections 18-8.05 through 18-9 have been
assigned as security for State aid anticipation certificates pursuant to
Section 18-18, the State Board of Education shall pay the appropriate amount of
the payment, as specified in the notification required by Section 18-18,
directly to the assignee.
(a-5) With respect to payments made under Sections 18-8.05 through 18-10 of this Code for fiscal year 2009 and each fiscal year thereafter, as soon as may be after the 10th and 20th days of each of the months of August through the following June, if moneys are available in the Common School Fund in the State treasury for payments under Sections 18-8.05 through 18-10 of this Code, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education pursuant to Section 2-3.17b of this Code and in accordance with the transfers from the General Revenue Fund to the Common School Fund as specified in Section 8a of the State Finance Act. Each such semimonthly warrant shall be in an amount equal to 1/22 of the total amount to be distributed to school districts for the fiscal year. If the payments provided for under Sections 18-8.05 through 18-10 of this Code have been assigned as security for State aid anticipation certificates pursuant to Section 18-18 of this Code, then the State Board of Education shall pay the appropriate amount of the payment, as specified in the notification required by Section 18-18 of this Code, directly to the assignee.
(b) (Blank).
(c) (Blank).
(Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07; 95-835, eff. 8-15-08.) |
(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
Sec. 18-12. Dates for filing State aid claims. The school board of
each school district, a regional office of education, a laboratory school, or a State-authorized charter school shall require teachers, principals, or
superintendents to furnish from records kept by them such data as it
needs in preparing and certifying to the State Superintendent of Education
its report of claims provided in Section
18-8.05 or 18-8.15 of this Code. The claim
shall be based on the latest available equalized assessed valuation and tax
rates, as provided in Section 18-8.05 or 18-8.15, shall use the average
daily
attendance as determined by the method outlined in Section 18-8.05 or 18-8.15,
and shall be
certified and filed with the State Superintendent of Education by June 21
for districts and State-authorized charter schools with an
official
school calendar end date before June 15 or within 2 weeks following the
official school calendar end date for districts, regional offices of education, laboratory schools, or State-authorized charter schools with a school year end date
of June 15 or later.
Failure to
so file by these deadlines constitutes a forfeiture of the right
to
receive payment by
the State until such claim is filed. The
State Superintendent of Education shall voucher
for payment those claims to the State Comptroller as provided in Section 18-11.
Except as otherwise provided in this Section, if any school district
fails to provide the minimum school term specified
in Section 10-19, the State aid claim for that year shall be reduced by the
State Superintendent of Education in an amount equivalent to 1/176 or .56818% for
each day less than the number of days required by this Code.
If
the State Superintendent of Education determines that the failure
to
provide the minimum school term was occasioned by an act or acts of God, or
was occasioned by conditions beyond the control of the school district
which posed a hazardous threat to the health and safety of pupils, the
State aid claim need not be reduced.
If a school district is precluded from providing the minimum hours of instruction required for a full day of attendance due to (A) an adverse weather condition, (B) a condition beyond the control of the school district that poses a hazardous threat to the health and safety of students, or (C) beginning with the 2016-2017 school year, the utilization of the school district's facilities for not more than 2 school days per school year by local or county authorities for the purpose of holding a memorial or funeral services in remembrance of a community member, then the partial day of attendance may be counted if (i) the school district has provided at least one hour of instruction prior to the closure of the school district, (ii) a school building has provided at least one hour of instruction prior to the closure of the school building, or (iii) the normal start time of the school district is delayed. If, prior to providing any instruction, a school district must close one or more but not all school buildings after consultation with a local emergency response agency or due to a condition beyond the control of the school district, then the school district may claim attendance for up to 2 school days based on the average attendance of the 3 school days immediately preceding the closure of the affected school building or, if approved by the State Board of Education, utilize the provisions of an e-learning program for the affected school building as prescribed in Section 10-20.56 of this Code. The partial or no day of attendance described in this Section and the reasons therefore shall be certified within a month of the closing or delayed start by the school district superintendent to the regional superintendent of schools for forwarding to the State Superintendent of Education for approval.
Other than the utilization of any e-learning days as prescribed in Section 10-20.56 of this Code, no exception to the requirement of providing a minimum school term may
be approved by the State Superintendent of Education pursuant to this Section
unless a school district has first used all emergency days provided for
in its regular calendar.
If the State Superintendent of Education declares that an energy
shortage exists during any part of the school year for the State or a
designated portion of the State, a district may operate the school
attendance centers within the district 4 days of the week during the
time of the shortage by extending each existing school day by one clock
hour of school work, and the State aid claim shall not be reduced, nor
shall the employees of that district suffer any reduction in salary or
benefits as a result thereof. A district may operate all attendance
centers on this revised schedule, or may apply the schedule to selected
attendance centers, taking into consideration such factors as pupil
transportation schedules and patterns and sources of energy for
individual attendance centers.
Electronically submitted State aid claims shall be submitted by
duly authorized district individuals over a secure network
that is password protected. The electronic submission of a State aid
claim must be accompanied with an affirmation that all of the provisions
of Section 18-8.05 or 18-8.15 and Sections 10-22.5 and 24-4 of this Code are
met in all respects.
(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16; 100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff. 8-14-18.)
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(105 ILCS 5/18-12.5)
Sec. 18-12.5. State aid claims during health emergencies. After consultation with a local health department, if a school district closes one or more recognized school buildings, but not all buildings, during a public health emergency, as determined by the State Board of Education in consultation with the Illinois Department of Public Health, the district may claim a full day of attendance for those days based on the average of the 3 school days of attendance immediately preceding the closure of the school building. Attendance for those days may be claimed only if the school building was scheduled to be in operation on those days. The partial or no day of attendance and the reasons thereof shall be certified, as prescribed by the State Board of Education, within a month after the closing by the school district superintendent to the regional superintendent of schools for forwarding to the State Superintendent of Education for approval. This Section is applicable beginning April 1, 2009 and only if a school district closes a building or buildings, but not the entire district, which must be done in accordance with Section 18-12 of this Code.
(Source: P.A. 96-689, eff. 8-25-09.) |
(105 ILCS 5/18-13) (from Ch. 122, par. 18-13)
Sec. 18-13.
Notice to school officers of amount in treasurer's hands.
On or before September 30 of each year the county collectors, county
superintendents of schools, township collectors, and all other persons
paying money into the hands of school treasurers for school purposes, shall
notify in writing the presidents of school trustees and clerks or
secretaries of school boards of the amount paid into the treasurer's hands
and the date of payment.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/18-14) (from Ch. 122, par. 18-14)
Sec. 18-14.
Apportionment of county fund.
The regional superintendent of schools shall apportion and distribute
under rules prescribed by the State Board of Education, the
principal of the county fund to the townships and parts of townships in
his region in the manner prescribed for distribution of the State school
fund among the counties by Sections 18-8 to 18-9. The principal of the
county fund so distributed shall be added to the principal of the
township fund of the townships and parts of townships in his region. The
interest, rents, issues and profits arising and accruing from the
principal of the county fund shall be distributed to the townships and
parts of townships in his region as required by the provisions
of this Act.
(Source: P.A. 81-1508.)
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(105 ILCS 5/18-15) (from Ch. 122, par. 18-15)
Sec. 18-15.
Township loanable fund-Distribution of income.
All bonds, notes, mortgages, moneys and effects which have accrued or
may accrue from the sale of Section 16 of the common school lands of any
township, or from the sale of any real estate or other property taken on
any judgment or for any debt due to the principal of any township fund, and
all other funds which have been or may be carried to and made part of the
principal of any township fund, shall constitute the principal of the
township fund; and no part thereof shall be distributed or expended for any
purpose, except upon liquidation of the fund but shall be loaned and held
to use, rent or profit, as provided by law. The interest, rents, issues and
profits arising and accruing from the principal of any township fund shall
be used in the manner and at the times provided by this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/18-17)
Sec. 18-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/18-18) (from Ch. 122, par. 18-18)
Sec. 18-18.
The board of education of any
school district may borrow money by contracting or entering into loan
agreements and may evidence such borrowings by the issuance of State aid
anticipation certificates. Such certificates may be issued without
submission to the electors of the school district or city for approval
of the question of the issuance of such certificates. Such certificates
shall bear interest or discount to maturity at a rate not to exceed
the rate permissible for
such board's full faith and credit general obligation notes and shall
mature in such a manner so that no such certificates shall be
outstanding for more than 13 months.
State aid anticipation
certificates shall be payable solely from payments to be made at any time,
whether made before or after August 1, of any year, pursuant
to this Article 18 and may be secured by assignment of such payments with
the assignee receiving such payments directly from the State Superintendent
of Education.
Prior to the issuance of any such certificates the State Superintendent
of Education
shall certify the appropriated amount of State aid to be paid the
district in the current fiscal year. The amount of certificates to be
issued shall not exceed 75% of the amounts of
State aid certified by the State Superintendent of Education after
subtracting the amount of funds available for transfer from the
district's working cash fund in anticipation of State aid to be paid
such district pursuant to this Article 18. The amount of State aid
anticipation certificates shall not be counted as indebtedness of the
district for purposes of any debt limits nor are such certificates full
faith and credit general obligation notes or tax anticipation warrants;
provided, however, that the total amount of State aid anticipation
certificates, general obligation notes and tax anticipation warrants
outstanding for any
fiscal year may not exceed 85% of the taxes levied by the district for that
year.
Any school district may borrow up to 100% of the amount of
State aid to be received in July, as certified by the State Superintendent
of Education. Such anticipation certificates shall be repaid not later
than August 1 from State aid payments received in July.
Whenever the board of a district desires to issue such State aid
anticipation certificates as herein authorized, it shall adopt a
resolution designating the purposes for which the proceeds of the
certificates are to be expended and fixing the amount of the
certificates proposed to be issued, the maturity thereof, and optional
provisions, if any, and the rate of interest or discount to maturity
thereon. Such resolution may provide for the appointment of a trustee,
which may be any trust company or bank having the power of a trust company
within the State, and for the establishment of such funds or accounts to
be maintained by such trustee as the school district shall deem necessary
to provide for the security and payment of the certificates. If such
resolution provides for the appointment of a trustee, such trustee shall be
considered the assignee of any payments assigned by the school district
pursuant to such resolution and this Section. Any amounts paid by the State
Superintendent of Education to such trustee as assignee pursuant to Section 18-11 shall
be deposited
in the funds or accounts established pursuant to such resolution, and shall
be held by such trustee in trust for the benefit of the holders of the
certificates, and such holders shall have a lien on and a security interest
in such funds or accounts so long as the certificates remain outstanding
and unpaid.
Except as provided otherwise in this Section, such amounts shall be used
solely for the payment of certificates at maturity and shall not be used
for any other purpose so long as the certificates remain outstanding and
unpaid. Pending such application such amounts shall be invested by such
trustee in investments of the kind specified in the Public Funds
Investment Act. Upon payment in full of the certificates, any amounts held
by such trustee, including earnings on investments not used for payment
of the certificates, shall be paid to such district.
Said certificates shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold by the board upon such terms as may be
approved by the board, and the proceeds thereof shall be received by the
treasurer and expended by the board for the purposes provided in the
resolution authorizing any such certificates.
Upon the issuance of said certificates, the
board shall give written notification to the appropriate
regional superintendent and the State Superintendent of Education of the
issuance of the certificates and the terms thereof, including, but not limited
to, any assignment of State aid
payments made pursuant to this Section, the name and address of each
assignee, the amounts and dates of the payments to be made by the State
Superintendent of Education directly to each assignee under Section 18-11, the
amount
of the certificates held by each assignee and the maturity date of the
certificates.
(Source: P.A. 87-839; 87-1215; 88-641, eff. 9-9-94.)
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(105 ILCS 5/18-19) (from Ch. 122, par. 18-19)
Sec. 18-19.
The State Board of Education may make distributions of
monies from the Education Assistance Fund, pursuant to
appropriation, in addition to such sums as may have been otherwise
appropriated for the same purpose, for any of the purposes set forth in
this Article, subject to the same terms and conditions that apply to
distributions under the several sections of this Article, respectively.
(Source: P.A. 86-18.)
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(105 ILCS 5/18-20) (from Ch. 122, par. 18-20)
Sec. 18-20.
Borrowing authority.
When an educational program is
operated by a regional superintendent or an entity such as an
educational service center, special
education cooperative, joint agreement, or intergovernmental agreement, and the program receives State categorical or grant
payments from the State Comptroller and a financial
hardship exists, then the entity may borrow an amount up to 50% of
the
State payments that are due and payable, as certified by the State Superintendent, provided the
terms of the loan shall not include interest in excess of that provided for
by the Bond Authorization Act and further provided that the principal and
interest of a loan shall be repaid from the categorical or grant payments
immediately upon receipt of those payments.
(Source: P.A. 86-1487; 87-1168.)
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(105 ILCS 5/Art. 19 heading) ARTICLE 19.
DEBT LIMITATION - BONDS -
TERRITORY LIABLE - REFUNDING BONDS
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(105 ILCS 5/prec. Sec. 19-1 heading)
DEBT LIMITATION
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(105 ILCS 5/19-1)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the provisions limiting their
indebtedness prescribed in the Local Government Debt Limitation Act.
No school districts maintaining grades K through 8 or 9 through 12
shall become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding 6.9% on the
value of the taxable property therein to be ascertained by the last assessment
for State and county taxes or, until January 1, 1983, if greater, the sum that
is produced by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on January 1, 1979,
previous to the incurring of such indebtedness.
No school districts maintaining grades K through 12 shall become
indebted in any manner or for any purpose to an amount, including
existing indebtedness, in the aggregate exceeding 13.8% on the value of
the taxable property therein to be ascertained by the last assessment
for State and county taxes or, until January 1, 1983, if greater, the sum that
is produced by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on January 1, 1979,
previous to the incurring of such indebtedness.
No partial elementary unit district, as defined in Article 11E of this Code, shall become indebted in any manner or for any purpose in an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, plus an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes. Moreover, no partial elementary unit district, as defined in Article 11E of this Code, shall become indebted on account of bonds issued by the district for high school purposes in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, nor shall the district become indebted on account of bonds issued by the district for elementary purposes in the aggregate exceeding 6.9% of the value of the taxable property for that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes.
Notwithstanding the provisions of any other law to the contrary, in any
case in which the voters of a school district have approved a proposition
for the issuance of bonds of such school district at an election held prior
to January 1, 1979, and all of the bonds approved at such election have
not been issued, the debt limitation applicable to such school district
during the calendar year 1979 shall be computed by multiplying the value
of taxable property therein, including personal property, as ascertained
by the last assessment for State and county taxes, previous to the incurring
of such indebtedness, by the percentage limitation applicable to such school
district under the provisions of this subsection (a).
(a-5) After January 1, 2018, no school district may issue bonds under Sections 19-2 through 19-7 of this Code and rely on an exception to the debt limitations in this Section unless it has complied with the requirements of Section 21 of the Bond Issue Notification Act and the bonds have been approved by referendum. (b) Notwithstanding the debt limitation prescribed in subsection (a)
of this Section, additional indebtedness may be incurred in an amount
not to exceed the estimated cost of acquiring or improving school sites
or constructing and equipping additional building facilities under the
following conditions:
(1) Whenever the enrollment of students for the next | ||
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(2) When the Regional Superintendent of Schools | ||
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(3) When the voters in the school district approve a | ||
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(4) Notwithstanding the provisions of paragraphs (1) | ||
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(5) Notwithstanding the provisions of paragraphs (1) | ||
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In no event shall the indebtedness incurred pursuant to this
subsection (b) and the existing indebtedness of the school district
exceed 15% of the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes, previous
to the incurring of such indebtedness or, until January 1, 1983, if greater,
the sum that is produced by multiplying the school district's 1978 equalized
assessed valuation by the debt limitation percentage in effect on January 1,
1979.
The indebtedness provided for by this subsection (b) shall be in
addition to and in excess of any other debt limitation.
(c) Notwithstanding the debt limitation prescribed in subsection (a)
of this Section, in any case in which a public question for the issuance
of bonds of a proposed school district maintaining grades kindergarten
through 12 received at least 60% of the valid ballots cast on the question at
an election held on or prior to November 8, 1994, and in which the bonds
approved at such election have not been issued, the school district pursuant to
the requirements of Section 11A-10 (now repealed) may issue the total amount of bonds approved
at such election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in subsection (a)
of this Section, a school district that meets all the criteria set forth in
paragraphs (1) and (2) of this subsection (d) may incur an additional
indebtedness in an amount not to exceed $4,500,000, even though the amount of
the additional indebtedness authorized by this subsection (d), when incurred
and added to the aggregate amount of indebtedness of the district existing
immediately prior to the district incurring the additional indebtedness
authorized by this subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to that district
under subsection (a):
(1) The additional indebtedness authorized by this | ||
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(2) The bonds issued by the school district as | ||
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(e) (Blank).
(f) Notwithstanding the provisions of subsection (a) of this Section or of
any other law, bonds in not to exceed the aggregate amount of $5,500,000 and
issued by a school district meeting the following criteria shall not be
considered indebtedness for purposes of any statutory limitation and may be
issued in an amount or amounts, including existing indebtedness, in excess of
any heretofore or hereafter imposed statutory limitation as to indebtedness:
(1) At the time of the sale of such bonds, the board | ||
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(2) The board of education shall also determine by | ||
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(3) The board of education shall also determine by | ||
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Notwithstanding the provisions of subsection (a) of this Section or of any other law, a school district that has availed itself of the provisions of this subsection (f) prior to July 22, 2004 (the effective date of Public Act 93-799) may also issue bonds approved by referendum up to an amount, including existing indebtedness, not exceeding 25% of the equalized assessed value of the taxable property in the district if all of the conditions set forth in items (1), (2), and (3) of this subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of this Section or any
other law, bonds in not to exceed an aggregate amount of 25% of the equalized
assessed value of the taxable property of a school district and issued by a
school district meeting the criteria in paragraphs (i) through (iv) of this
subsection shall not be considered indebtedness for purposes of any statutory
limitation and may be issued pursuant to resolution of the school board in an
amount or amounts, including existing indebtedness, in
excess of any statutory limitation of indebtedness heretofore or hereafter
imposed:
(i) The bonds are issued for the purpose of | ||
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(ii) At the time the resolution authorizing the | ||
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(iii) The sale of the bonds occurs before July 1, | ||
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(iv) The school district issuing the bonds is a unit | ||
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(h) Notwithstanding any other provisions of this Section or the
provisions of any other law, until January 1, 1998, a community unit school
district maintaining grades K through 12 may issue bonds up to an amount,
including existing indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed | ||
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(ii) The bonds are issued for the capital | ||
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(iii) The voters of the district approve a | ||
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(iv) The bonds are issued pursuant to Sections 19-2 | ||
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(i) Notwithstanding any other provisions of this Section or the provisions
of any other law, until January 1, 1998, a community unit school district
maintaining grades K through 12 may issue bonds up to an amount, including
existing indebtedness, not exceeding 27% of the equalized assessed value of the
taxable property in the district, if all of the following conditions are met:
(i) The school district has an equalized assessed | ||
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(ii) The bonds are issued for the capital | ||
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(iii) The voters of the district approve a | ||
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(iv) The bonds are issued pursuant to Sections 19-2 | ||
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(j) Notwithstanding any other provisions of this Section or the
provisions of any other law, until January 1, 1999, a community unit school
district maintaining grades K through 12 may issue bonds up to an amount,
including existing indebtedness, not exceeding 27% of the equalized assessed
value of the taxable property in the district if all of the following
conditions are met:
(i) The school district has an equalized assessed | ||
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(ii) The bonds are issued to purchase a site and | ||
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(iii) At the time of the sale of the bonds, the board | ||
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(iv) At least 60% of those voting in an election held | ||
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(v) The bonds are issued pursuant to Sections 19-2 | ||
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(k) Notwithstanding the debt limitation prescribed in subsection (a) of
this Section, a school district that meets all the criteria set forth in
paragraphs (1) through (4) of this subsection (k) may issue bonds to incur an
additional indebtedness in an amount not to exceed $4,000,000 even though the
amount of the additional indebtedness authorized by this subsection (k), when
incurred and added to the aggregate amount of indebtedness of the school
district existing immediately prior to the school district incurring such
additional indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the aggregate indebtedness
of the district already exceeds the debt limitation otherwise applicable to
that school district under subsection (a):
(1) the school district is located in 2 counties, and | ||
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(2) the additional indebtedness is for the purpose of | ||
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(3) the additional indebtedness, together with the | ||
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(4) the bonds evidencing the additional indebtedness | ||
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(l) Notwithstanding any other provisions of this Section or the
provisions of any other law, until January 1, 2000, a school district
maintaining grades kindergarten through 8 may issue bonds up to an amount,
including existing indebtedness, not exceeding 15% of the equalized assessed
value of the taxable property in the district if all of the following
conditions are met:
(i) the district has an equalized assessed valuation | ||
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(ii) the bonds are issued for capital improvement, | ||
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(iii) the voters of the district approve a | ||
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(iv) the bonds are issued pursuant to Sections 19-2 | ||
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(m) Notwithstanding any other provisions of this Section or the provisions
of
any other law, until January 1, 1999, an elementary school district maintaining
grades K through 8 may issue bonds up to an amount, excluding existing
indebtedness, not exceeding 18% of the equalized assessed value of the taxable
property in the district, if all of the following conditions are met:
(i) The school district has an equalized assessed | ||
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(ii) The school district operates 2 elementary | ||
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(iii) The bonds are issued for the construction of a | ||
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(iv) The voters of the school district approve a | ||
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(v) The bonds are issued pursuant to Sections 19-2 | ||
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(n) Notwithstanding the debt limitation prescribed in subsection (a) of
this Section or any other provisions of this Section or of any other law, a
school district that meets all of the criteria set forth in paragraphs (i)
through (vi) of this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount certified by the
Capital Development Board to the school district as provided in paragraph (iii)
of
this subsection (n), even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of indebtedness of
the district existing immediately prior to the district incurring the
additional indebtedness authorized by this subsection (n), causes the aggregate
indebtedness of the district to exceed the debt limitation otherwise applicable
by law to that district:
(i) The school district applies to the State Board of | ||
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(ii) The school district's application and facilities | ||
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(iii) The school district has exhausted its bonding | ||
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(iv) The bonds are issued for a "school construction | ||
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(v) The voters of the district approve a proposition | ||
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(vi) The bonds are issued pursuant to Sections 19-2 | ||
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(o) Notwithstanding any other provisions of this Section or the
provisions of any other law, until November 1, 2007, a community unit
school district maintaining grades K through 12 may issue bonds up to
an amount, including existing indebtedness, not exceeding 20% of the
equalized assessed value of the taxable property in the district if all of the
following conditions are met:
(i) the school district has an equalized assessed | ||
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(ii) the bonds are issued to purchase school sites, | ||
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(iii) at the time of the sale of the bonds, the board | ||
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(iv) at least 57% of those voting in a general | ||
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(v) the bonds are issued pursuant to Sections 19-2 | ||
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(p) Notwithstanding any other provisions of this Section or the provisions of any other law, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district if all of the following conditions are met: (i) The school district has an equalized assessed | ||
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(ii) The bonds are issued to build and equip 3 | ||
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(iii) At the time of the sale of the bonds, the | ||
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(iv) The bonds are issued pursuant to Sections 19-2 | ||
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(p-5) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community unit school district maintaining grades K through 12 shall not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing indebtedness, in excess of any heretofore or hereafter imposed statutory limitation as to indebtedness, if all of the following conditions are met: (i) For each of the 4 most recent years, residential | ||
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(ii) At least 2 school buildings that were | ||
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(iii) Voters of the district approve a proposition | ||
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(iv) At the time of the sale of the bonds, the | ||
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(v) The principal amount of the bonds, including | ||
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(vi) The bonds are issued prior to January 1, 2007, | ||
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(p-10) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community consolidated school district maintaining grades K through 8 shall not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing indebtedness, in excess of any heretofore or hereafter imposed statutory limitation as to indebtedness, if all of the following conditions are met: (i) For each of the 4 most recent years, residential | ||
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(ii) The bond proceeds are to be used to acquire and | ||
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(iii) Voters of the district approve a proposition | ||
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(iv) At the time of the sale of the bonds, the | ||
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(v) The principal amount of the bonds, including | ||
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(vi) The bonds are issued prior to January 1, 2007, | ||
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(p-15) In addition to all other authority to issue bonds, the Oswego Community Unit School District Number 308 may issue bonds with an aggregate principal amount not to exceed $450,000,000, but only if all of the following conditions are met: (i) The voters of the district have approved a | ||
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(ii) At the time of the sale of the bonds, the school | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The bonds are issued in accordance with this | ||
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(v) The proceeds of the bonds are used only to | ||
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The debt incurred on any bonds issued under this subsection (p-15) shall not be considered indebtedness for purposes of any statutory debt limitation.
(p-20) In addition to all other authority to issue bonds, the Lincoln-Way Community High School District Number 210 may issue bonds with an aggregate principal amount not to exceed $225,000,000, but only if all of the following conditions are met: (i) The voters of the district have approved a | ||
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(ii) At the time of the sale of the bonds, the school | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The bonds are issued in accordance with this | ||
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(v) The proceeds of the bonds are used only to | ||
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The debt incurred on any bonds issued under this subsection (p-20) shall not be considered indebtedness for purposes of any statutory debt limitation.
(p-25) In addition to all other authority to issue bonds, Rochester Community Unit School District 3A may issue bonds with an aggregate principal amount not to exceed $18,500,000, but only if all of the following conditions are met: (i) The voters of the district approve a proposition | ||
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(ii) At the time of the sale of the bonds, the school | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The bonds are issued in accordance with this | ||
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(v) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-25) shall not be considered indebtedness for purposes of any statutory debt limitation.
(p-30) In addition to all other authority to issue bonds, Prairie Grove Consolidated School District 46 may issue bonds with an aggregate principal amount not to exceed $30,000,000, but only if all of the following conditions are met: (i) The voters of the district approve a proposition | ||
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(ii) At the time of the sale of the bonds, the school | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The bonds are issued in accordance with this | ||
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(v) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-30) shall not be considered indebtedness for purposes of any statutory debt limitation.
(p-35) In addition to all other authority to issue bonds, Prairie Hill Community Consolidated School District 133 may issue bonds with an aggregate principal amount not to exceed $13,900,000, but only if all of the following conditions are met: (i) The voters of the district approved a proposition | ||
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(ii) At the time of the sale of the bonds, the school | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The bonds are issued in accordance with this | ||
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(v) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-35) shall not be considered indebtedness for purposes of any statutory debt limitation.
(p-40) In addition to all other authority to issue bonds, Mascoutah Community Unit District 19 may issue bonds with an aggregate principal amount not to exceed $55,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) At the time of the sale of the bonds, the school | ||
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(3) The bonds are issued, in one or more bond | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-40) shall not be considered indebtedness for purposes of any statutory debt limitation. (p-45) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds issued pursuant to Section 19-3.5 of this Code shall not be considered indebtedness for purposes of any statutory limitation if the bonds are issued in an amount or amounts, including existing indebtedness of the school district, not in excess of 18.5% of the value of the taxable property in the district to be ascertained by the last assessment for State and county taxes. (p-50) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.10 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 43% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes. (p-55) In addition to all other authority to issue bonds, Belle Valley School District 119 may issue bonds with an aggregate principal amount not to exceed $47,500,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more bond | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-55) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-55) must mature within not to exceed 30 years from their date, notwithstanding any other law to the contrary. (p-60) In addition to all other authority to issue bonds, Wilmington Community Unit School District Number 209-U may issue bonds with an aggregate principal amount not to exceed $2,285,000, but only if all of the following conditions are met: (1) The proceeds of the bonds are used to accomplish | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued in one or more bond | ||
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(4) The bonds are issued in accordance with this | ||
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The debt incurred on any bonds issued under this subsection (p-60) shall not be considered indebtedness for purposes of any statutory debt limitation. (p-65) In addition to all other authority to issue bonds, West Washington County Community Unit School District 10 may issue bonds with an aggregate principal amount not to exceed $32,200,000 and maturing over a period not exceeding 25 years, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more bond | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-65) shall not be considered indebtedness for purposes of any statutory debt limitation. (p-70) In addition to all other authority to issue bonds, Cahokia Community Unit School District 187 may issue bonds with an aggregate principal amount not to exceed $50,000,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-70) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-70) must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-75) Notwithstanding the debt limitation prescribed in subsection (a) of this Section
or any other provisions of this Section or of any other law, the execution of leases on or
after January 1, 2007 and before July 1, 2011 by the Board of Education of Peoria School District 150 with a public building commission for leases entered into pursuant to the Public
Building Commission Act shall not be considered indebtedness for purposes of any
statutory debt limitation. This subsection (p-75) applies only if the State Board of Education or the Capital Development Board makes one or more grants to Peoria School District 150 pursuant to the School Construction Law. The amount exempted from the debt limitation as prescribed in this subsection (p-75) shall be no greater than the amount of one or more grants awarded to Peoria School District 150 by the State Board of Education or the Capital Development Board. (p-80) In addition to all other authority to issue bonds, Ridgeland School District 122 may issue bonds with an aggregate principal amount not to exceed $50,000,000 for the purpose of refunding or continuing to refund bonds originally issued pursuant to voter approval at the general election held on November 7, 2000, and the debt incurred on any bonds issued under this subsection (p-80) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-80) may be issued in one or more issuances and must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-85) In addition to all other authority to issue bonds, Hall High School District 502 may issue bonds with an aggregate principal amount not to exceed $32,000,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-85) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-85) must mature within not to exceed 30 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-90) In addition to all other authority to issue bonds, Lebanon Community Unit School District 9 may issue bonds with an aggregate principal amount not to exceed $7,500,000, but only if all of the following conditions are met: (1) The voters of the district approved a proposition | ||
| ||
(2) At or prior to the time of the sale of the bonds, | ||
| ||
(3) The bonds are issued, in one or more bond | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-90) shall not be considered indebtedness for purposes of any statutory debt limitation. (p-95) In addition to all other authority to issue bonds, Monticello Community Unit School District 25 may issue bonds with an aggregate principal amount not to exceed $35,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-95) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-95) must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-100) In addition to all other authority to issue bonds, the community unit school district created in the territory comprising Milford Community Consolidated School District 280 and Milford Township High School District 233, as approved at the general primary election held on March 18, 2014, may issue bonds with an aggregate principal amount not to exceed $17,500,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-100) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-100) must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-105) In addition to all other authority to issue bonds, North Shore School District 112 may issue bonds with an aggregate principal amount not to exceed $150,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-105) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-105) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 30 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-110) In addition to all other authority to issue bonds, Sandoval Community Unit School District 501 may issue bonds with an aggregate principal amount not to exceed $2,000,000, but only if all of the following conditions are met: (1) The voters of the district approved a | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more bond | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to | ||
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The debt incurred on any bonds issued under this subsection (p-110) and on any bonds issued to refund or continue to refund the bonds shall not be considered indebtedness for purposes of any statutory debt limitation. (p-115) In addition to all other authority to issue bonds, Bureau Valley Community Unit School District 340 may issue bonds with an aggregate principal amount not to exceed $25,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuances of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-115) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-115) must mature within not to exceed 30 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-120) In addition to all other authority to issue bonds, Paxton-Buckley-Loda Community Unit School District 10 may issue bonds with an aggregate principal amount not to exceed
$28,500,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-120) and on any bonds
issued to refund or continue to refund such bonds shall not be considered indebtedness for
purposes of any statutory debt limitation. Bonds issued under this subsection (p-120) and any
bonds issued to refund or continue to refund such bonds must mature within not to exceed 25
years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the
contrary. (p-125) In addition to all other authority to issue bonds, Hillsboro Community Unit School District 3 may issue bonds with an aggregate principal amount not to exceed
$34,500,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-125) and on any bonds
issued to refund or continue to refund such bonds shall not be considered indebtedness for
purposes of any statutory debt limitation. Bonds issued under this subsection (p-125) and any
bonds issued to refund or continue to refund such bonds must mature within not to exceed 25
years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the
contrary. (p-130) In addition to all other authority to issue bonds, Waltham Community Consolidated School District 185 may incur indebtedness in an aggregate principal amount not to exceed $9,500,000 to build and equip a new school building and improve the site thereof, but only if all the following conditions are met: (1) A majority of the voters of the district voting | ||
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(2) Prior to incurring the debt, the school board | ||
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(3) Prior to incurring the debt, the school board | ||
| ||
(4) The debt is incurred, in one or more issuances, | ||
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The debt incurred under this subsection (p-130) and on any bonds issued to pay, refund, or continue to refund such debt shall not be considered indebtedness for purposes of any statutory debt limitation. Debt issued under this subsection (p-130) and any bonds issued to pay, refund, or continue to refund such debt must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-11 of this Code and subsection (b) of Section 17 of the Local Government Debt Reform Act, to the contrary. (p-133) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds heretofore or hereafter issued by East Prairie School District 73 with an aggregate principal amount not to exceed $47,353,147 and approved by the voters of the district at the general election held on November 8, 2016, and any bonds issued to refund or continue to refund the bonds, shall not be considered indebtedness for the purposes of any statutory debt limitation and may mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-135) In addition to all other authority to issue bonds, Brookfield LaGrange Park School District Number 95 may issue bonds with an aggregate principal amount not to exceed $20,000,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-135) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. (p-140) The debt incurred on any bonds issued by Wolf Branch School District 113 under Section 17-2.11 of this Code for the purpose of repairing or replacing all or a portion of a school building that has been damaged by mine subsidence in an aggregate principal amount not to exceed $17,500,000 and on any bonds issued to refund or continue to refund those bonds shall not be considered indebtedness for purposes of any statutory debt limitation and must mature no later than 25 years from the date of issuance, notwithstanding any other provision of law to the contrary, including Section 19-3 of this Code. The maximum allowable amount of debt exempt from statutory debt limitations under this subsection (p-140) shall be reduced by an amount equal to any grants awarded by the State Board of Education or Capital Development Board for the explicit purpose of repairing or reconstructing a school building damaged by mine subsidence. (p-145) In addition to all other authority to issue bonds, Greenview Community Unit School District 200 may issue bonds with an aggregate principal amount not to exceed $3,500,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-145) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-145) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-150) In addition to all other authority to issue bonds, Komarek School District 94 may issue bonds with an aggregate principal amount not to exceed $20,800,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-150) and on any bonds issued to refund or continue to refund those bonds may not be considered indebtedness for purposes of any statutory debt limitation. Notwithstanding any other law to the contrary, including Section 19-3, bonds issued under this subsection (p-150) and any bonds issued to refund or continue to refund those bonds must mature within 30 years from their date of issuance. (p-155) In addition to all other authority to issue bonds, Williamsville Community Unit School District 15 may issue bonds with an aggregate principal amount not to exceed $40,000,000, but only if all of the following conditions are met: (1) The voters of the school district approve a | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-155) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-155) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-160) In addition to all other authority to issue bonds, Berkeley School District 87 may issue bonds with an aggregate principal amount not to exceed $105,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-160) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. (p-165) In addition to all other authority to issue bonds, Elmwood Park
Community Unit School District 401 may issue bonds with an aggregate principal amount
not to exceed $55,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-165) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-165) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-170) In addition to all other authority to issue bonds, Maroa-Forsyth Community Unit School District 2 may issue bonds with an aggregate principal amount not to exceed $33,000,000, but only if all of the following conditions are met: (1) The voters of the school district approve a | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-170) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-170) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-175) In addition to all other authority to issue bonds, Schiller Park School District 81 may issue bonds with an aggregate principal amount not to exceed $30,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-175) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-175) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 27 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-180) In addition to all other authority to issue bonds, Iroquois County Community Unit School District 9 may issue bonds with an aggregate principal amount not to exceed $17,125,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-180) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-180) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-185) In addition to all other authority to issue bonds, Field Community Consolidated School District 3 may issue bonds with an aggregate principal amount not to exceed $2,600,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-185) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-185) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-190) In addition to all other authority to issue bonds, Mahomet-Seymour Community Unit School District 3 may issue bonds with an aggregate principal amount not to exceed $97,900,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
| ||
(5) The proceeds of the bonds are used to accomplish | ||
| ||
The debt incurred on any bonds issued under this subsection (p-190) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-190) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-195) In addition to all other authority to issue bonds, New Berlin Community Unit School District 16 may issue bonds with an aggregate principal amount not to exceed $23,500,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
| ||
(2) Prior to the issuance of the bonds, the school | ||
| ||
(3) The bonds are issued, in one or more issuances, | ||
| ||
(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-195) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-195) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-200) In addition to all other authority to issue bonds, Highland Community Unit School District 5 may issue bonds with an aggregate principal amount not to exceed $40,000,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-200) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-200) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-205) In addition to all other authority to issue bonds, Sullivan Community Unit School District 300 may issue bonds with an aggregate principal amount not to exceed $25,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-205) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-205) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-210) In addition to all other authority to issue bonds, Manhattan School District 114 may issue bonds with an aggregate principal amount not to exceed $85,000,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-210) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-210) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 30 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-215) In addition to all other authority to issue bonds, Golf Elementary School District 67 may issue bonds with an aggregate principal amount not to exceed $56,000,000, but only if all of the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-215) and on any bonds issued to refund or continue to refund such bonds shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-215) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (p-220) In addition to all other authority to issue bonds, Joliet Public Schools District 86 may issue bonds with an aggregate principal amount not to exceed $99,500,000, but only if all the following conditions are met: (1) The voters of the district approve a proposition | ||
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(2) Prior to the issuance of the bonds, the school | ||
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(3) The bonds are issued, in one or more issuances, | ||
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(4) The bonds are issued in accordance with this | ||
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(5) The proceeds of the bonds are used to accomplish | ||
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The debt incurred on any bonds issued under this subsection (p-220), and on any bonds issued to refund or continue to refund such bonds, shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p-220) and any bonds issued to refund or continue to refund such bonds must mature within not to exceed 25 years from their date, notwithstanding any other law, including Section 19-3 of this Code, to the contrary. (q) A school district must notify the State Board of Education prior to issuing any form of long-term or short-term debt that will result in outstanding debt that exceeds 75% of the debt limit specified in this Section or any other provision of law.
(Source: P.A. 102-316, eff. 8-6-21; 102-949, eff. 5-27-22; 103-449, eff. 1-1-24.) |
(105 ILCS 5/19-1.5)
Sec. 19-1.5. (Repealed).
(Source: P.A. 88-641, eff. 9-9-94. Repealed by P.A. 94-234, eff. 7-1-06.)
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(105 ILCS 5/prec. Sec. 19-2 heading)
BONDS
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(105 ILCS 5/19-2) (from Ch. 122, par. 19-2)
Sec. 19-2.
School directors - Power to borrow money and issue bonds.
For the purpose of building or repairing schoolhouses or purchasing
or improving school sites, the directors of any school district, when
authorized by a majority of the votes cast on such proposition conducted
in accordance with the general election law, may borrow money; and, as
evidence of such indebtedness, may issue bonds signed by the president and
clerk of the board, in denominations of not less than $100, and bearing
interest at a rate not exceeding the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The proceeds of any bonds issued under authorization of this Section
shall be deposited and accounted for separately within the Site and
Construction/Capital Improvements Fund.
(Source: P.A. 86-4; 87-984.)
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(105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
Sec. 19-3. Boards of education. Any school district governed by a board of
education and having a population of not more than 500,000 inhabitants, and
not governed by a special Act may borrow money for the purpose of building,
equipping, altering or repairing school buildings or purchasing or improving
school sites, or acquiring and equipping playgrounds, recreation grounds,
athletic fields, and other buildings or land used or useful for school purposes
or for the purpose of purchasing a site, with or without a building or
buildings thereon, or for the building of a house or houses on such site,
or for the building of a house or houses on the school site of the school
district, for residential purposes of the superintendent, principal, or
teachers of the school district, and issue its negotiable coupon bonds therefor
signed by the president and secretary of the board, in denominations of not
less than $100 nor more than $5,000, payable at such place and at such time or
times, not exceeding 20 years, with the exception of Lockport High School and bonds issued by any school district as qualified school construction bonds in accordance with applicable federal tax law not exceeding 25 years, from date of issuance, as the board of education
may prescribe, and bearing interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the making
of the contract, payable annually, semiannually or quarterly, but no such bonds
shall be issued unless the proposition to issue them is submitted to the voters
of the district at a referendum held at a regularly scheduled election after
the board has certified the proposition to the proper election authorities in
accordance with the general election law, a majority of all the votes cast on
the proposition is in favor of the proposition, and notice of such bond
referendum has been
given either (i) in accordance with the second paragraph of Section 12-1 of the
Election Code irrespective of whether such notice included any reference to the
public question as it appeared on the ballot, or (ii) for an election held on
or after November 1, 1998, in accordance with Section 12-5 of the Election
Code, or (iii) by publication of a true and legible copy of the specimen ballot
label containing the proposition in the form in which it appeared or will
appear on the official ballot label on the day of the election at least 5 days
before the day of the election in at least one newspaper published in and
having a general circulation in the district,
irrespective of any other requirements of Article 12 or Section 24A-18 of
the Election Code, nor shall any residential site be acquired unless such
proposition to acquire a site is submitted to the voters of the district at a
referendum held at a regularly scheduled election after the board has certified
the proposition to the proper election authorities in accordance with the
general election law and a majority of all the votes cast on the proposition is
in favor of the proposition. Nothing in this Act or in any other law shall be
construed to require the notice of the bond referendum to be published over the
name or title of the election authority or the listing of maturity dates of
any bonds either in the notice of bond election or ballot used in the bond
election.
The provisions of this Section concerning notice of the bond referendum
apply only to (i) consolidated primary elections held prior to January 1,
2002 and the consolidated election held on April 17, 2007 at which not less than 60%
of the voters voting on the bond proposition voted in favor of the bond
proposition, and (ii) other elections held before July 1, 1999; otherwise, notices required
in connection with the submission of public questions shall be as set forth in
Section 12-5 of the Election Code.
Such proposition may be initiated by resolution of the school board.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The proceeds of any bonds issued under authority of this Section shall
be deposited and accounted for separately within the Site and
Construction/Capital Improvements Fund.
(Source: P.A. 99-735, eff. 8-5-16.)
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(105 ILCS 5/19-3.5) Sec. 19-3.5. Flood-damaged building. Martinsville Community Unit School District 3C is authorized to issue bonds in not to exceed the amount of $4,000,000 for the purpose of paying the cost of acquiring and improving a school site and building and equipping a new school building on the site to replace all or a portion of a school building closed by the regional superintendent of schools pursuant to Section 3-14.22 of this Code because of flood damage. The replacement building may be larger than the size of and offer more functions than the school building being replaced. Bonds issued pursuant to this Section may be issued without referendum and shall mature not more than 25 years from the date of issuance.
(Source: P.A. 96-517, eff. 8-14-09.) |
(105 ILCS 5/19-3.10)
Sec. 19-3.10. Mine subsidence damaged building. Gillespie Community Unit School District 7 is authorized to issue bonds in not to exceed the amount of $22,000,000 for the purpose of paying the cost of acquiring and improving a school site and building and equipping a new school building on the site to replace all or a portion of a school building closed by the regional superintendent of schools pursuant to Section 3-14.22 of this Code because of mine subsidence damage. The replacement building may be larger than the size of and offer more functions than the school building being replaced. Bonds issued pursuant to this Section may be issued without referendum and shall mature not more than 25 years from the date of issuance.
(Source: P.A. 96-517, eff. 8-14-09.) |
(105 ILCS 5/19-3.15) Sec. 19-3.15. School additions; Chaney-Monge School District 88. Notwithstanding the requirements of any other applicable law and without further referendum approval, Chaney-Monge School District 88 is authorized to issue bonds in not to exceed the amount of $3,000,000 to provide for the improvement, alteration, and repair of schoolhouses and to fund the local share as required for a Capital Development Board school construction grant to fund school additions and associated construction and equipment with respect to which a referendum was passed on March 18, 2014.
(Source: P.A. 98-1060, eff. 8-26-14.) |
(105 ILCS 5/19-4) (from Ch. 122, par. 19-4)
Sec. 19-4.
Bonds issued - Boundaries changed.
Where bonds are issued by any school district under the provisions of
Section 19-2 through Section 19-6, and before any contract is let for
the construction of buildings or improvements in accordance therewith
the district boundaries are changed by the formation of a new district
including all or a part of said district, or by the annexation of a
district in its entirety to another district, then upon the adoption of
a resolution by the board of education of the new district or the
district to which the territory has been annexed, that the building or
improvements are no longer feasible, the board shall by resolution order
submitted to the electors the
proposition of authorizing the board to use the proceeds of said bonds
or the portion thereof allotted to the new district or district to which
said territory is annexed for a specific new building or improvement in
some locality of the district other than the one specified at the
previous election, or for a different improvement, or for a part of the
original improvements. In case a new district has been formed, no such
referendum shall be held unless the new district embraces
territory having
as much or more assessed valuation as the territory embraced in the
district at the first election. The board shall certify the resolution
and the proposition to the proper election authorities for submission in
accordance with the general election law.
Where bonds are issued by any school district under the provisions of
Section 19-2 through Section 19-6, and it is determined by the board
of education by resolution that it is in the interests of the school
district that part or all of the proceeds of said bonds be used for
different purposes than authorized but for purposes for which bonds may
be issued under the provisions of Section 19-2 through Section 19-6,
the board shall by resolution order submitted to the electors the proposition
of authorizing the
board to use the proceeds of said bonds or a part thereof for the
purposes set forth in said resolution and if a majority of all the votes
cast on said proposition is in favor thereof the board shall have such
authority. The board shall certify the resolution and the proposition
to the proper election authorities for submission in accordance with the
general election law.
(Source: P.A. 84-1334.)
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(105 ILCS 5/19-5) (from Ch. 122, par. 19-5)
Sec. 19-5.
Registration, numbering and countersigning.
All bonds issued under this Act, except bonds issued by school districts
having a population of more than 500,000 inhabitants, before being issued,
negotiated and sold, shall be registered, numbered and countersigned by the
treasurer who receives the taxes of the district. The registration shall be
made in a book in which shall be entered the record of the election
authorizing the directors or the board of education to borrow money and a
description of the bonds issued, including the number, date, to whom
issued, amount, rate of interest and when due.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
Sec. 19-6. Bond money to school treasurer - Delivery of bonds - Record -
Payment. All moneys borrowed under the authority of this Act, except money
borrowed by school districts having a population of more than 500,000
inhabitants, shall be paid to the school treasurer of the district. The
treasurer shall, before receiving any of the money, execute a bond with
a surety company authorized to do business in this State, as
surety, payable to the school board of the district in Class I county
school units or township trustees in Class II county school units and
conditioned upon the faithful discharge of his duties, except that the bond
required of the school treasurer of a school district which is located in a
Class II county school unit but which no longer is subject to the
jurisdiction and authority of a township treasurer or trustees of schools
of a township because the district has withdrawn from the jurisdiction and
authority of the township treasurer and trustees of schools of the township
or because those offices have been abolished as provided in subsection (b)
or (c) of Section 5-1 shall be payable to the school board of such district
and conditioned upon the faithful discharge of his duties. The bond shall
be submitted for approval or rejection to the school board of the district
or to the township trustees to which such bond is payable. The penalty of
the bond or bonds shall be an amount no less than 10% of the amount of such
bond issue, whether
individuals act as surety or whether the
surety is given by a surety company authorized to transact business in this
State. The bond shall be in substantially the same form as that required by
Section 8-2 of this Act and when so given shall fully describe the bond
issue which it specifically covers and shall remain in force until the
funds of the bond issue are taken into account in determining the penalty amount for the surety bond required by Section 8-2 of this Code.
Upon receiving such moneys the treasurer shall deliver the bonds issued
therefor to the persons entitled to receive them, and shall credit the
funds received to the district issuing the bonds. The treasurer shall
record the amount received for each bond issued. When any bonds are paid
the treasurer shall cancel them and shall enter, against the record of the
bonds, the words, "paid and cancelled the .... day of ...., 1 ....,"
filling the blanks with the day, month, and year corresponding to the date
of payment.
(Source: P.A. 103-49, eff. 6-9-23.)
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(105 ILCS 5/19-7) (from Ch. 122, par. 19-7)
Sec. 19-7.
Certified copy of resolution filed with county clerk-Registry of bonds-Extension of tax.
Whenever any school district having a population of less than 500,000
inhabitants is authorized to issue bonds, the recording officer thereof
shall file in the office of the county clerk of each county in which any
portion of the district is situated a certified copy of the resolution
providing for their issuance and levying a tax to pay them. The county
clerk shall prepare and keep in his office a registry of all such bonds
which shall show the name of the issuing body and the date, amount,
purpose, rate of interest and maturity of the bonds to be issued, and the
county clerk, subject to the provisions of Section 7-14 of this Act,
annually shall extend taxes against all the taxable property situated in
the county and contained in the district in amounts sufficient to pay
maturing principal and interest, and such taxes shall be computed, extended
and collected in the same manner as is now or may hereafter be provided for
the computation, extension and collection of taxes for general corporate
purposes for the issuing district. If no such certified copy of resolution
has been filed with reference to any bonds heretofore authorized one shall
promptly be filed.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-8)
(from Ch. 122, par. 19-8)
Sec. 19-8. Bonds
to pay claims. Any school district or non-high district operating under general law or
special charter having a population of 500,000 or less is authorized to
issue bonds for the purpose of paying orders issued for the wages of
teachers, for the payment of claims against any such district, or for providing funds to effect liquidation or defeasance of the obligations of a Financial Oversight Panel pursuant to the provisions of Section 1H-115 of this Code.
Such bonds may be issued in an amount, including existing indebtedness,
in excess of any statutory limitation as to debt.
(Source: P.A. 97-429, eff. 8-16-11.)
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(105 ILCS 5/19-9) (from Ch. 122, par. 19-9)
Sec. 19-9. Resolution to issue bonds - Submission to voters. Before any district as described in Section 19-8 shall avail itself
of the provisions of that section the governing body thereof shall
examine and consider the several teachers' orders or claims or liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code, or any or all of these,
proposed to be paid and if it appears that they were authorized and
allowed for proper school purposes it shall adopt a resolution so
declaring and set forth and describe in detail such teachers' orders and
claims and liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code and the adoption of the resolution shall establish the validity
thereof, notwithstanding the amount of such orders and claims and liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code may exceed
in whole or in part any applicable statutory debt limit in force at the
time the indebtedness evidenced by such orders and claims and liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code was incurred.
The resolution shall also declare the intention of the district to issue
bonds for the purpose of paying such teachers' orders or claims or liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code, and direct that notice of such intention be published at least once
in a newspaper published within the district and if there be no newspaper
published within the district then notice shall be published
in a newspaper having general circulation within the district. The
notice shall set forth (1) the time within which a petition may be filed
requesting the submission of the proposition to issue the bonds as
hereinafter in this Section provided; (2) the specific number of voters
required to sign the petition; and the date of the prospective referendum.
The recording officer of the district shall provide a petition form to
any individual requesting one. If within 30 days after such
publication of such notice a petition is filed with the recording
officer of the district, signed by the voters
of the district equal to 10% or more of the registered voters of the district
requesting that the proposition to issue bonds as authorized by
Section 19-8 be submitted to the voters thereof, then the district
shall not be authorized to issue bonds as provided by Section 19-8
until the proposition has been submitted to and approved by a majority
of the voters voting on the proposition at a regular scheduled
election. The board shall certify the proposition to the proper election
authorities for submission in accordance with the general election law.
If no such petition with the requisite number of signatures is filed within
said 30 days, or if any and all petitions filed are invalid, then the
district shall thereafter be authorized to issue bonds for the purposes and
as provided in Section 19-8.
(Source: P.A. 97-429, eff. 8-16-11.)
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(105 ILCS 5/19-10) (from Ch. 122, par. 19-10)
Sec. 19-10.
Payment of liabilities resulting from division of assets.
Any school district having a population of 500,000 or less is authorized
to issue bonds for the purpose of the payment of any liabilities or
obligations imposed on such district resulting from the division of assets
as provided by Article 7 of this Act or Article 5 of this Act as it existed
prior to July 1, 1952.
Within 90 days after the final order of the county board of school
trustees dividing assets as a result of creating a new district the school
board of such newly created district or the school board of a district a
portion of whose territory is included within the newly created district
shall pay any amounts due.
The school board of a district obligated or liable under the provisions
of this Section shall issue bonds to the extent necessary to enable the
district to discharge its obligations unless funds can otherwise be made
available for such purpose, and such bonds may be issued in an amount,
including existing indebtedness, in excess of any statutory limitation as
to debt but subject to the 5% constitutional limit.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-11) (from Ch. 122, par. 19-11)
Sec. 19-11. Amount of indebtedness - Interest and maturity. Any district which has complied with Section 19-9 and which is
authorized to issue bonds under Sections 19-8, 19-9 and 19-10 shall
adopt a resolution specifying the amount of indebtedness to be funded,
whether for the purpose of paying claims, or for paying teachers' orders,
or for paying liabilities or obligations imposed on any district resulting
from the division of assets as provided by Article 7 of this Act or Article
5 of this Act as it existed prior to July 1, 1952. The resolution shall set
forth the date, denomination, rate of interest and maturities of the bonds,
fix all details with respect to the issue and execution thereof, and
provide for the levy of a tax sufficient to pay both principal and interest
of the bonds as they mature. The bonds shall bear interest at a rate not to
exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, payable annually
or semi-annually,
as the governing
body may determine, and mature in not more than 20 years from the date thereof or as otherwise authorized by law.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 100-531, eff. 9-22-17.)
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(105 ILCS 5/19-12) (from Ch. 122, par. 19-12)
Sec. 19-12.
Filing copy of resolution-Extension of taxes.
A certified copy of the resolution authorizing the issue of bonds under
Sections 19-8 through 19-11 shall be filed with the county clerk of each
county in which any portion of any such district is situated and the county
clerk shall annually extend taxes against all of the taxable property
situated in the county and contained in such district in amounts sufficient
to pay maturing principal and interest of such bonds without limitation as
to rate or amount and in addition to and in excess of any taxes that may
now or hereafter be authorized to be levied by Sections 12-11 and 12-11.1
or 17-2 through 17-9.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-13) (from Ch. 122, par. 19-13)
Sec. 19-13.
Sale
or exchange of bonds.
Any bonds issued under Sections 19-8 to 19-11, inclusive, may be
exchanged par for par for claims or unpaid orders for wages of teachers, or
both, or may be sold and the proceeds received used to pay such claims or
orders.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-14) (from Ch. 122, par. 19-14)
Sec. 19-14.
Validity of indebtedness-Validity of bonds.
Purchasers of such bonds shall not be obligated to inquire into the
validity of the indebtedness funded, and bonds issued under sections
19-8 through 19-11 shall be the valid and binding obligations of the
school district, notwithstanding the fact that the bonds, together with
existing indebtedness, either in whole or in part, exceed any statutory
debt limitation in force at the time the bonds are issued.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 19-15 heading)
REFUNDING BONDS
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(105 ILCS 5/19-15) (from Ch. 122, par. 19-15)
Sec. 19-15.
Authority to refund bonds.
When a school district has issued bonds or other evidence of
indebtedness for any purposes which are binding and subsisting legal
obligations and remaining outstanding, the school board of the district
may, upon the surrender of the bonds or other evidences of indebtedness,
issue in lieu thereof to the holders or owners thereof or to other persons
for money with which to pay them, new bonds or other evidences of
indebtedness, according to the subsequent provisions of this Article.
For the purposes of Sections 19-15 through 19-26 "school district"
includes any non-high school district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-16) (from Ch. 122, par. 19-16)
Sec. 19-16.
Resolution for issuance.
The corporate authorities of any school district, without submitting the
question to the electors thereof for approval, may authorize by resolution
the issuance of refunding bonds (1) to refund its bonds prior to their
maturity; (2) to refund its unpaid matured bonds; (3) to refund matured
coupons evidencing interest upon its unpaid bonds; (4) to refund interest
at the coupon rate upon its unpaid matured bonds that has accrued since the
maturity of those bonds; (5) to refund its bonds which by their terms are
subject to redemption before maturity; and (6) to refund other valid and
subsisting evidences of indebtedness that are due and payable. The
refunding bonds and the procedure for issuing them shall comply with
Sections 19-5 through 19-7.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-17) (from Ch. 122, par. 19-17)
Sec. 19-17.
Registrability - Interest - Time and place of payment.
The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
if issued
before January
1, 1972 and not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
if issued after
January 1, 1972,
payable at such time and place as may be provided in the bond resolution.
They shall remain valid even though one or more of the officers executing
the bonds ceases to hold his or their offices before the bonds are
delivered.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/19-18) (from Ch. 122, par. 19-18)
Sec. 19-18.
Details prescribed-Levy and collection of tax.
The resolution authorizing refunding bonds shall prescribe all details
thereof and shall provide for the levy and collection of a direct annual
tax upon all the taxable property within the school district sufficient to
pay the principal thereof and interest thereon as it matures. The tax shall
be levied and collected in like manner as the general taxes for the school
district and shall not be included within any limitation of rate for
general purposes as now or hereafter provided by law but shall be excluded
therefrom and be in addition thereto and in excess thereof.
A certified copy of the bond resolution shall be filed with the county
clerk of the county in which the school district or any portion thereof is
situated, and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
constitution.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-19) (from Ch. 122, par. 19-19)
Sec. 19-19.
Sale
or exchange-Use of proceeds-Cancellation.
The refunding bonds may be exchanged for the bonds to be refunded on the
basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any, or they may be
sold at not less than their par value and accrued interest. The proceeds
received from their sale shall be used to pay the bonds, interest coupons,
and interest not represented by coupons, if any, without any prior
appropriation therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-20) (from Ch. 122, par. 19-20)
Sec. 19-20. Execution-Maturity-Callable.
The refunding bonds shall be of such form and denomination, payable at
such place, bear such date, and be executed by such officials as may be
provided by the corporate authorities of the school district in the bond
resolution. They shall mature within not to exceed 20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest after notice has been given at the time and in the manner
provided in the bond resolution; however, the limitation shall be 25 years for bonds issued by Valley View Community Unit School District 365U that refund (i) bonds authorized under Section 19-3 of this Code or (ii) bonds refunding or continuing to refund bonds authorized under Section 19-3 of this Code.
(Source: P.A. 96-1546, eff. 3-10-11.)
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(105 ILCS 5/19-21) (from Ch. 122, par. 19-21)
Sec. 19-21.
Redemption of bonds.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and a sum of money equal to the amount of interest
that will accrue on the refunding bonds and a sum of money equal to the
amount of principal that will become due thereon within the next 6 months
period has been set aside, the treasurer of the school district shall use
the money available from the proceeds of taxes levied for the payment of
the refunding bonds in calling them for payment, if, by their terms, they
are subject to redemption. However, a school district may provide in the
bond resolution that whenever the school district is not in default in
payment of the principal of or interest upon the refunding bonds and has
set aside the sums of money provided in this section for interest accruing
and principal maturing within the next 6 months period, the money available
from the proceeds of taxes levied for the payment of refunding bonds shall
be used, first, in the purchase of the refunding bonds at the lowest price
obtainable, but not to exceed their par value and accrued interest, after
sealed tenders for their purchase have been advertised for as may be
directed by the corporate authorities thereof.
Refunding bonds called for payment and paid or purchased under this
section shall be marked paid and cancelled.
(Source: Laws 1963, p. 3062.)
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(105 ILCS 5/19-22) (from Ch. 122, par. 19-22)
Sec. 19-22.
Reduction of tax levy-Bonds purchased and cancelled.
Whenever refunding bonds are purchased and cancelled as provided in
Section 19-21, the taxes thereafter to be extended for payment of the
principal of and the interest on the remainder of the issue shall be
reduced in an amount equal to the principal of and the interest that would
have thereafter accrued upon the refunding bonds so cancelled. A resolution
shall be adopted by the corporate authorities of the school district
finding these facts. A certified copy of this resolution shall be filed
with the county clerk specified in Section 19-18, whereupon he shall
reduce and extend such tax levies in accordance therewith.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-23) (from Ch. 122, par. 19-23)
Sec. 19-23.
Reduction of tax for payment of bonds refunded-Use of tax receipts.
Whenever refunding bonds are issued, proper reduction of taxes
theretofore levied for the payment of the bonds refunded and next to be
extended for collection shall be made by the county clerk upon receipt of a
certificate signed by the treasurer of the school district, or by the
president and clerk or other corresponding officers of the school district,
showing the bonds refunded and the tax to be abated.
Money which becomes available from taxes that were levied for prior
years for payment of bonds or interest coupons that were paid or refunded
before those taxes were collected, after payment of all warrants that may
have been issued in anticipation of these taxes, shall be placed in the
sinking fund account provided in Section 19-24. It shall be used to
purchase, call for payment, or to pay at maturity refunding bonds and
interest thereon as herein provided.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-24) (from Ch. 122, par. 19-24)
Sec. 19-24.
Proceeds of taxes-Special fund-Use-Investment.
Money received from the proceeds of taxes levied for payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the school district, designated as the "Refunding Bond and
Interest Sinking Fund Account of ....". This fund shall be applied to the
purchase or payment of refunding bonds and the interest thereon as provided
in Sections 19-16 through 19-26.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the corporate authorities of the
school district, the money may be invested by the treasurer of the school
district in bonds or other interest bearing obligations of the United
States or in bonds of the State of Illinois.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing school district. The corporate authorities may sell these
securities whenever necessary to obtain cash to meet bond and interest
payments.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-25) (from Ch. 122, par. 19-25)
Sec. 19-25.
Information to owners of bonds-Refunding agreements.
The corporate authorities of a school district may take any action that
may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the school district, the necessity of refunding its
unpaid bonds and readjusting the maturities thereof in order that
sufficient taxes may be collected to take care of these bonds, and thus
re-establish the credit of the school district. The corporate authorities
may enter into any agreement required to prepare and carry out any
refunding plan and, without any previous appropriation therefor under any
budget law, may incur and pay expenditures that may be necessary in order
to accomplish the refunding of the bonds of the school district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-26) (from Ch. 122, par. 19-26)
Sec. 19-26.
Construction and application of provisions.
Sections 19-16 through 19-25 apply to any school district, regardless
of the population of said school district and of the law under which it is
organized and operating, and constitute complete authority for issuing
refunding bonds as therein provided without reference to other laws. Those
sections shall be construed as conferring powers in addition to, but not as
limiting powers granted under, other laws or other provisions of this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 19-27 heading)
REFUNDING SURPLUS AFTER BONDS PAID
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(105 ILCS 5/19-27) (from Ch. 122, par. 19-27)
Sec. 19-27.
Payment to treasurer.
Whenever all the bonds of any school district have been paid and
cancelled upon the records of the school treasurer and there remains in the
hands of the county collector or any ex-county collector, the county
treasurer, or ex-county treasurer, any balance to the credit of the bond
fund of the school township, the county collector or ex-county collector,
county treasurer or ex-county treasurer shall pay to the school treasurer
the balance of such funds in his hands and the school treasurer shall give
his receipt therefor.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-28) (from Ch. 122, par. 19-28)
Sec. 19-28.
Distribution and apportionment.
At the first regular semi-annual meeting of the trustees of the township
after the receipt of the funds mentioned in Section 19-27, they shall
distribute and apportion the funds among the districts or fractions of
districts of the township whose treasurer is the township treasurer,
and among the school boards or board of incorporated
cities, towns or school districts in such township having
a treasurer other than the township treasurer, in proportion to the number of children
under 21 years of age in each. The funds thus apportioned shall be placed
on the books of the treasurer to the credit of the respective districts and
the same shall be paid out by the treasurer on the legal orders of the
school boards of the proper districts, except such part of the fund as may
be payable to the boards of education of incorporated cities, towns
or school districts having a treasurer other than the township
treasurer, which portion of the
fund shall be paid by the township treasurer to the treasurer of the board
of education.
(Source: P.A. 86-1441.)
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(105 ILCS 5/19-29) (from Ch. 122, par. 19-29)
Sec. 19-29.
Computation of debt incurring power.
In computing the debt incurring power of any school district where
there has been included in any such school district only a part of any
former school district which at the time of such inclusion has
outstanding bonded indebtedness, a proportionate amount of such bonded
indebtedness shall be chargeable to such school district based upon the
ratio that the assessed valuation of taxable property as equalized and
determined by the Department of Revenue in that
part of the territory of such former school district that has been
included in any such school district bears to the total assessed
valuation of the former school district as equalized and determined by
the Department of Revenue for
the year in which
the change occurred, and the proportionate amount of such bonded
indebtedness shall be chargeable against such school district in
determining its debt incurring power.
(Source: P.A. 81-1509.)
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(105 ILCS 5/19-30) (from Ch. 122, par. 19-30)
Sec. 19-30.
Any school district which, pursuant to Section 10-22.31b of this Act, has
entered into a joint agreement with one or more school districts to
acquire, build, establish and maintain sites and buildings for area
vocational purposes may by proper resolution borrow money for the purpose
of acquiring sites and buildings and building, equipping, improving and
remodeling buildings and sites for vocational education purposes and as
evidence of such indebtedness issue bonds without referendum, provided that
the project which is the subject of such joint agreement has been
designated by the State Board of Vocational Education and Rehabilitation as
an Area Secondary Vocational Center, and further provided (a) that such
district has been authorized by referendum to impose the tax
under Section 17-2.4 of this Act, or (b) that such district, not having
been so authorized by such referendum, by resolution has authorized the
payment of its proportionate share of the cost of the area vocational center
under such
agreement from funds raised by building tax levies. The proceeds of the
sale of such bonds may, in the discretion of the school board of the
district issuing such bonds, be transferred to the Capital Development Board,
any other school district which is a party to such joint
agreement or the State or any of its agencies provided, however, that such
board first determines that such transfer is necessary in order to
accomplish the purposes for which such bonds are issued. The amount of the
bonds issued by any such participating school district shall not exceed the
district's estimated proportionate share of the cost of the area vocational
center as budgeted under such agreement and as certified by the State Board
of Vocational Education and Rehabilitation, and provided that (a) any such
participating district which has been authorized by referendum to impose
the tax under Section
17-2.4 of this Act, shall thereafter
reduce the maximum statutory amount which may be raised by such levy under
Section 17-2.4 to the extent of the total amount to be yielded by the
imposition of the tax authorized by this Section, and (b) any such
participating district, not having been so authorized by
such referendum, but having by
resolution authorized the payment of its proportionate share of the cost of
the area vocational center under such joint agreement from funds raised by
building tax levies, shall thereafter, annually reduce the maximum
statutory amount which may be raised by such building tax levies to the
extent of the amount to be yielded annually by the imposition of the tax
authorized by this Section. Such bonds shall bear interest at a rate of not
to exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, and shall
mature within 20 years from date.
The failure on the part of a school district to abate or reduce such
taxes as described in (a) and (b) shall not constitute a forfeiture by the
district of its right to levy the direct annual tax authorized by this
Section.
In order to authorize and issue such bonds, the school board shall adopt
a resolution fixing the amount of the bonds, the date thereof, maturities
thereof, rates of interest thereof, place of payment and denomination,
which shall be in denominations of not less than $100 and not more than
$5,000 and provide for the levy and collection of a direct annual tax upon
all the taxable property in the school district sufficient to pay the
principal of and interest on such bonds to maturity. Upon the filing in the
office of the County Clerk or Clerks of the County or Counties in which the
school district is located of a certified copy of such resolution it shall
be the duty of such County Clerk or Clerks to extend the tax therefor, in
addition to and in excess of all other taxes heretofore or hereafter
authorized to be levied by such school district.
This Section shall be cumulative and it shall constitute complete
authority for site acquisitions and building programs and for the issuance
of bonds as provided for hereunder, notwithstanding any other statute or
law to the contrary.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/19-31) (from Ch. 122, par. 19-31)
Sec. 19-31.
Any school district which, pursuant to Section 10-22.31b
of this Act, or under the provisions of the "Intergovernmental
Cooperation Act", has entered into a joint agreement or contract with
one or more school districts to acquire, build, establish and maintain
sites and buildings for the education of one or more of the types of children
with disabilities as defined in Sections 14-1.02
through 14-1.07 of this
Act, may by proper resolution of the board borrow money for the purpose
of acquiring sites and buildings and building, equipping, improving and
remodeling buildings and sites for such special education purposes, and
as evidence of such indebtedness issue bonds, provided that the project
which is the subject of such joint agreement has been approved by the
State Board of Education. The proceeds of the sale of such bonds may,
in the discretion of the school board of the district issuing such
bonds, be transferred to the Capital Development Board, any other school
district which is a party to such joint agreement, or the State or any
of its agencies provided, however, that such board first determines that
such transfer is necessary in order to accomplish the purposes for which
such bonds are issued. The amount of the bonds issued by any such
participating school district shall not exceed the district's estimated
proportionate share of the cost of such special education purposes as
budgeted under such joint agreement or contract, and shall be amortized
over a period not exceeding the number of years of levy remaining
available to such participating school district under Section 17-2.2a of
this Act, and provided further that any such participating district
shall thereafter reduce the maximum statutory amount which may be raised
by the tax levy authorized under Section 17-2.2a of this Act to the
extent of the total amount to be yielded by the imposition of the tax
authorized by this Section. The failure on the part of a school
district to abate or reduce such taxes shall not however constitute a
forfeiture by the district of its right to levy the direct annual tax
authorized by this Section.
Such bonds shall bear interest at a rate of not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, and shall mature within 8 years from the date
of issuance. In
order to authorize and issue such bonds, the school board shall adopt a
resolution fixing the amount of the bonds, the date thereof, maturities
thereof, rates of interest thereof, place of payment and denomination,
which shall be in denominations of not less than $100 and not more than
$5,000 and provide for the levy and collection of a direct annual tax
upon all the taxable property in the school district sufficient to pay
the principal of and interest on such bonds to maturity, but not to
exceed the levy authorized under Section 17-2.2a. Upon the filing in
the office of the County Clerk or Clerks of the County or Counties in
which the school district is located of a certified copy of such
resolution it shall be the duty of such County Clerk or Clerks to extend
the tax therefor, in addition to and in excess of all other taxes
heretofore or hereafter authorized to be levied by such school district.
This Section shall be cumulative and it shall constitute complete
authority for site acquisitions and building programs and for the
issuance of bonds as provided for hereunder, notwithstanding any other
statute or law to the contrary.
Notwithstanding the other provisions of this Section, any school district
qualifying for a special education construction grant pursuant to the Capital
Development Board Act may finance the construction project by levying the
tax authorized by Section 17-2.2a and issuing bonds in the manner provided
for in this Section at a rate not to exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, with a maturity
date not more than 20 years from the date of issuance.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/Art. 19a heading) ARTICLE 19a.
REVENUE BONDS FOR EXHIBITION FACILITIES
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(105 ILCS 5/19a-1) (from Ch. 122, par. 19a-1)
Sec. 19a-1.
In this Article, "exhibition facility" means a building or
stadium constructed to be used primarily for athletic spectator sports and
not facilities built primarily for physical education instruction.
(Source: Laws 1967, p. 2778.)
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(105 ILCS 5/19a-2) (from Ch. 122, par. 19a-2)
Sec. 19a-2.
Revenue bonds for exhibition facilities.
Any school board is
authorized to:
a. Acquire by purchase, construct, enlarge, improve, equip, complete,
operate, control and manage an exhibition facility.
b. Charge for the use of such a facility.
c. Hold in its treasury all funds derived from the operation of the
facility and apply them toward the retirement of any revenue bonds issued
in connection with the facility.
d. Enter into contracts touching in any manner any matter within the
objects and purposes of this Article.
e. Pledge the revenues raised from such a facility for the payment of
any bonds issued to pay for the facility as provided in this Article.
f. Borrow money and issue and sell bonds at such price as the school
board may determine to finance and to refund or refinance any and all bonds
issued and sold by the board pursuant to this Article. No bonds issued
under this Article, however, may bear interest in excess of the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract,
computed to the maturity of the bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/19a-3) (from Ch. 122, par. 19a-3)
Sec. 19a-3.
Whenever bonds are issued pursuant to this Article, the school
board must establish charges or fees for the use of the exhibition facility
to pay the principal and interest on the bonds.
(Source: Laws 1967, p. 2778.)
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(105 ILCS 5/19a-4) (from Ch. 122, par. 19a-4)
Sec. 19a-4.
If the school board determines subsequent to the original
issue of bonds under this Article that the income from the facility is
insufficient to pay the principal and interest on those bonds, the
board, after submitting the question to referendum in accordance with
the general election law, may pay the deficit
by issuing general obligation bonds in the manner prescribed by Article
19 of this Act.
(Source: P.A. 81-1489.)
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(105 ILCS 5/19a-5) (from Ch. 122, par. 19a-5)
Sec. 19a-5.
Members of a school board issuing bonds pursuant to this
Article incur no personal liability thereby.
(Source: Laws 1967, p. 2778.)
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(105 ILCS 5/Art. 19b heading) ARTICLE 19b.
SCHOOL ENERGY CONSERVATION AND SAVING MEASURES
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(105 ILCS 5/19b-1) (from Ch. 122, par. 19b-1)
Sec. 19b-1.
Definitions.
In this Article words and phrases have the
meanings set forth in the following Sections preceding Section 19b-2.
(Source: P.A. 87-1106.)
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(105 ILCS 5/19b-1.05)
Sec. 19b-1.05.
Area vocational center.
"Area vocational center" means an
area vocational center created by joint agreement between school districts.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
Sec. 19b-1.1. Energy conservation measure. "Energy conservation
measure" means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a school district or area
vocational center or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to the building code authorized in Section 2-3.12 of this Code,
that is designed to reduce
energy consumption or operating costs, and may include, without limitation,
one or more of the following:
(1) Insulation of the building structure or systems | ||
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(2) Storm windows or doors, caulking or | ||
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(3) Automated or computerized energy control systems.
(4) Heating, ventilating, or air conditioning system | ||
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(5) Replacement or modification of lighting fixtures | ||
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(6) Energy recovery systems.
(7) Energy conservation measures that provide | ||
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(Source: P.A. 95-612, eff. 9-11-07.)
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(105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
Sec. 19b-1.2. Guaranteed energy savings contract. "Guaranteed energy
savings contract" means a contract for: (i) the implementation of an
energy audit, data collection, and other related analyses preliminary to
the undertaking of energy conservation measures; (ii) the evaluation and
recommendation of
energy conservation measures; (iii) the implementation of one or more
energy conservation measures; and (iv) the implementation of project
monitoring and data collection to verify post-installation energy
consumption and energy-related operating costs. The contract shall provide
that all payments, except
obligations on termination of the contract before its expiration, are to be
made over time and that the savings are guaranteed to the extent necessary
to pay the costs of
the energy conservation measures. Energy saving may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits.
(Source: P.A. 96-1197, eff. 7-22-10.)
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(105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
Sec. 19b-1.3.
Qualified provider.
"Qualified provider" means a person
or business whose employees are experienced and trained in the design,
implementation, or installation of
energy conservation measures. The minimum training required for any person
or employee under this Section shall be the satisfactory completion of at
least 40 hours of course instruction dealing with energy conservation
measures. A qualified provider to whom the contract is
awarded shall give a sufficient bond to the school district or area
vocational center for its
faithful performance.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
Sec. 19b-1.4. Request for proposals. "Request for proposals" means a
competitive selection achieved by
negotiated procurement. The request for proposals shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication and
through at least one public notice, at least 30 days before the request
date in a newspaper published in the district or vocational center area, or
if no newspaper is
published in the district or vocational center area, in a newspaper of
general
circulation in the
area of the district or vocational center, from a school district or area
vocational center that will administer the
program, requesting innovative solutions and proposals for energy
conservation measures. Proposals submitted shall be sealed. The request
for proposals shall include all of the following:
(1) The name and address of the school district or | ||
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(2) The name, address, title, and phone number of a | ||
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(3) Notice indicating that the school district or | ||
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(4) The date, time, and place where proposals must be | ||
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(5) The evaluation criteria for assessing the | ||
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(6) Any other stipulations and clarifications the | ||
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(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
Sec. 19b-2. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 19b-3, a school district or area
vocational center shall submit
a request for proposals. The school district or area vocational center
shall evaluate any sealed
proposal from a qualified provider. The evaluation shall analyze the estimates
of all costs of installations, modifications or remodeling, including, without
limitation, costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt
service, conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and reporting. The
evaluation shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If technical
assistance is not available by a licensed architect or registered
professional engineer on the school district or area vocational center
staff, then the evaluation of
the proposal shall be done by a registered professional engineer or
architect, who is retained by the school district or area vocational
center. A licensed architect or registered professional engineer evaluating a proposal under this Section must not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The school district or area vocational center may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 19b-4.
(Source: P.A. 95-612, eff. 9-11-07.)
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(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
Sec. 19b-3. Award of guaranteed energy savings contract. Sealed
proposals must be opened by a member or employee of the school board or
governing board of the area vocational center, whichever is applicable, at a
public opening at which the contents of the proposals must be announced.
Each person or entity submitting a sealed proposal must receive at least 13
days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified provider that
best meets the needs of
the district or area vocational center. The school district or area
vocational center shall provide public notice of the
meeting at which it proposes to award a guaranteed energy savings contract
of the names of the parties to the proposed contract and of the purpose of
the contract. The public notice shall be made at least 10 days prior to
the meeting. After evaluating the proposals under Section 19b-2, a school
district or area vocational center may enter into a guaranteed energy
savings contract with a
qualified provider if it finds that the amount it would spend on the energy
conservation measures recommended in the proposal would not exceed the
amount to be saved in either energy or operational costs, or both, within a
20-year period from the date of installation, if the
recommendations in
the proposal are followed. Contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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(105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
Sec. 19b-4.
Guarantee.
The guaranteed energy savings contract shall
include a written guarantee of the qualified provider that either the
energy or operational cost savings, or both, will meet or exceed within 20
years the costs of the energy conservation measures. The qualified provider
shall reimburse the school district or area vocational center for any
shortfall of guaranteed energy
savings projected in the contract. A qualified provider shall provide a
sufficient bond to the school district or area vocational center for the
installation and the
faithful performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments over a period
of time, not to exceed 20 years from the date of final installation
of the
measures.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
Sec. 19b-5. Installment payment contract; lease purchase agreement. A school district or
school districts in combination or an area vocational center may enter into
an
installment payment contract or lease purchase agreement with a qualified
provider or with a third party, as authorized by law, for the funding or financing of the purchase and installation of energy conservation measures by a qualified provider.
Every school district or area vocational center may issue certificates
evidencing the indebtedness
incurred pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with respect
thereto is first included in any annual or supplemental budget adopted by
the school district or area vocational center. Each contract or agreement
entered
into by a school district or area vocational center pursuant to this
Section shall be authorized by
official action of the school board or governing board of the area vocational
center, whichever is applicable. The authority granted in this Section is in addition to any other authority granted by law. If an energy audit is performed by an energy services contractor for a school district within the 3 years immediately preceding the solicitation, then the school district must publish as a reference document in the solicitation for energy conservation measures the following:
(1) an executive summary of the energy audit provided | ||
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(2) the energy audit provided that the school | ||
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A school district may not withhold the disclosure of information related to (i) the school district's consumption of energy, (ii) the physical condition of the school district's facilities, and (iii) any limitations prescribed by the school district. The solicitation must include a written disclosure that identifies any energy services contractor that participated in the preparation of the specifications issued by the school district. If no energy services contractor participated in the preparation of the specifications issued by the school district, then the solicitation must include a written disclosure that no energy services contractor participated in the preparation of the specifications for the school district. The written disclosure shall be published in the Capital Development Board Procurement Bulletin with the Request for Proposal. (Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
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(105 ILCS 5/19b-6) (from Ch. 122, par. 19b-6)
Sec. 19b-6.
Term; budget and appropriations.
Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
The school district or area vocational center shall include in its annual
budget and
appropriations measures for each subsequent fiscal year any amounts payable
under guaranteed energy savings contracts during that fiscal year.
Sections 2-3.12, 3-14.20, and 10-22.36 of the School Code shall apply to
this Article 19b.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
Sec. 19b-7.
Operational and energy cost savings.
The school district or
area vocational center
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and designate and appropriate that
amount for an annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings contract the
qualified
provider shall pay the difference as provided in Section 19b-4.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
Sec. 19b-8.
Available funds.
A school district or area vocational
center may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract including purchases using installment payment contracts or
lease purchase agreements. A school district or area vocational center
that enters into such a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-9) (from Ch. 122, par. 19b-9)
Sec. 19b-9.
Funding.
State aid and other amounts appropriated for
distribution to or reimbursement of a school district or area vocational
center shall not be reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-10)
Sec. 19b-10.
(Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 92-767, eff.
8-6-02.)
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(105 ILCS 5/19b-15) Sec. 19b-15. Applicable laws. Other State laws and related administrative requirements apply to this Article, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act.
(Source: P.A. 97-333, eff. 8-12-11.) |
(105 ILCS 5/19b-20) Sec. 19b-20. Historic preservation. In order to protect the integrity of historic buildings, no provision of this Article shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.
(Source: P.A. 95-612, eff. 9-11-07.) |
(105 ILCS 5/Art. 20 heading) ARTICLE 20.
WORKING CASH FUND
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(105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
Sec. 20-1. Authority to create working cash fund. In each school district,
whether organized under general law or special charter, having a population
of less than 500,000 inhabitants, a fund to be known as a "Working Cash
Fund" may be created and maintained consistent with the limitations of this Article, for the purpose of enabling the district to have in its
treasury at all times sufficient money to meet demands thereon for expenditures for corporate purposes.
(Source: P.A. 98-756, eff. 7-16-14.)
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(105 ILCS 5/20-2)
(from Ch. 122, par. 20-2)
Sec. 20-2. Indebtedness and bonds. For the purpose of creating, re-creating, or increasing a working
cash fund, the school board of any such district may incur an indebtedness and
issue bonds as evidence thereof in an amount or amounts not exceeding in the
aggregate 85% of the taxes permitted to be levied for educational purposes for
the then current year to be determined by multiplying the maximum educational
tax rate or rates
applicable to such school district by the last assessed valuation or assessed valuations as
determined at the time of the issue of said bonds, plus 85% of the last known
entitlement of such district to taxes as by law now or hereafter enacted or
amended, imposed by the General Assembly of the State of Illinois to replace
revenue lost by units of local government and school districts as a result of
the abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5, paragraph (c) of the Constitution of the State of Illinois, plus 85% of the most recent amount of funding received by the school district under Section 18-8.15. The
bonds shall bear interest at not more than the maximum rate authorized by law and shall mature within 20 years from
the date thereof. Subject to the foregoing limitations as to amount, the bonds
may be issued in an amount including existing indebtedness which will not
exceed the constitutional limitation as to debt, notwithstanding any statutory
debt limitation to the contrary. The school
board shall before or at the time
of issuing the bonds provide for the collection of a direct annual tax upon all
the taxable property within the district sufficient to pay the principal
thereof at maturity and to pay the interest thereon as it falls due, which tax
shall be in addition to the maximum amount of all other taxes, either
educational; transportation; operations and maintenance; or fire prevention and
safety fund taxes, now or hereafter authorized and in addition to any
limitations upon the levy of taxes as provided by Sections 17-2 through 17-9.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 101-416, eff. 8-16-19.)
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(105 ILCS 5/20-3)
(from Ch. 122, par. 20-3)
Sec. 20-3. Tax levy. For the purpose of providing moneys for a
working cash fund, the school board of any such school district may also
levy annually upon all the taxable property of their district a tax,
known as the "working cash fund tax," not to exceed 0.05% of
value, as
equalized or assessed by the Department of Revenue;
provided that no such tax shall be levied if bonds are issued in
amount or amounts equal in the aggregate to the limitation set forth in
Section 20-2 for the creation, re-creation, or increase of a working cash fund. The collection of the tax
shall not be anticipated by the issuance of any warrants drawn against
it. The tax shall be levied and collected, except as otherwise provided
in this Section, in like manner as the general taxes of the district,
and shall be in addition to the maximum of all other taxes, either
educational; transportation; operations and maintenance; or fire
prevention and safety fund taxes, now or hereafter to be levied for school
purposes. It may be levied by separate resolution by the last Tuesday in
December in each year or it may be included in the certificate of tax levy
filed under Section 17-11.
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-4) (from Ch. 122, par. 20-4)
Sec. 20-4. Use and reimbursement of fund. This Section shall not
apply in any school district which does not operate a working cash fund.
Moneys derived from the issuance of bonds as authorized by Section
20-2, or from any tax levied pursuant to Section 20-3, shall be used
only for the purposes and in the manner provided in this Article. Moneys in
the fund shall not be regarded as current assets available for school
purposes. The school board may appropriate moneys to the working cash
fund up to the maximum amount allowable in the fund, and the working cash
fund may receive such appropriations and any other contributions. Moneys
in the fund may be used by the school board for any and all school purposes and may be
transferred in whole or in part to the general funds or both of the
school district and disbursed therefrom in anticipation of the collection of
taxes lawfully levied for any or all purposes, in anticipation of such taxes
as by law now or hereafter enacted or amended are imposed by the General
Assembly of the State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois, or in anticipation of funding received by the school district under Section 18-8.15. Moneys so transferred to any other fund
shall be deemed to be transferred in anticipation of the collection of that
part of the taxes so levied or to be received which is in excess of the amount
thereof required to pay any warrants or notes and the interest thereon
theretofore and thereafter issued in anticipation of the collection thereof and
such taxes when collected shall be applied to the payment of any such warrants
and the interest thereon, the amount estimated to be required to satisfy debt
service and pension or retirement obligations, as set forth in Section 12 of
the State Revenue Sharing Act and then to the reimbursement of such working
cash fund as hereinafter provided.
Upon receipt by the school district of any taxes or State funding in anticipation of
the collection whereof moneys of the working cash fund have been so
transferred for disbursement, the fund shall immediately be reimbursed
therefrom until the full amount so transferred has been retransferred to
the fund. Unless the taxes so received and applied to the reimbursement
of the working cash fund prior to the first day of the eighth month
following the month in which due and unpaid real property taxes begin to
bear interest are sufficient to effect a complete reimbursement of such
fund for any moneys transferred therefrom in anticipation of the
collection of such taxes, the working cash fund shall be reimbursed for
the amount of the deficiency therein from any other revenues accruing to
the educational fund, and the school board shall make provisions for the
immediate reimbursement of the amount of any such deficiency in its next
annual tax levy.
(Source: P.A. 101-416, eff. 8-16-19.)
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(105 ILCS 5/20-5)
(from Ch. 122, par. 20-5)
Sec. 20-5. Transfer to other fund. This Section shall not apply in any
school district which does not operate a working cash fund.
Moneys in the working cash fund shall be transferred from the working cash fund to
another fund of the district only upon the authority of the school board which
shall from time to time by separate resolution direct the school treasurer to
make transfers of such sums as may be required for the purposes herein
authorized.
The resolution shall set forth (a) the taxes and State funding in anticipation of which
such transfer is to be made and from which the working cash fund is to
be reimbursed; (b) the entire amount of taxes extended, or which the school
board estimates will be extended or received, for any year in anticipation of
the collection of all or part of which such transfer is to be made; (c) the
aggregate amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes together with the amount of interest accrued and which
the school board estimates will accrue thereon; (d) the aggregate amount of
receipts from taxes imposed to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois, which the corporate authorities estimate
will be set aside for the payment of the proportionate amount of debt service
and pension or retirement obligations, as required by Section 12 of the State
Revenue Sharing Act; (e) the aggregate amount of money theretofore
transferred from the working cash fund to the other fund in anticipation of the
collection of such taxes and State funding; and (f) the aggregate amount of funding received by the school district under Section 18-8.15. The amount which any such resolution shall direct the
treasurer so to transfer, in anticipation of the collection of taxes levied or
to be received for any year, together with the aggregate amount of such
anticipation tax warrants or notes theretofore drawn against such taxes and the
amount of interest accrued and estimated to accrue thereon and the aggregate
amount of such transfers to be made in anticipation of the collection of such
taxes and the amount estimated to be required to satisfy debt service and
pension or retirement obligations, as set forth in Section 12 of the State
Revenue Sharing Act, shall not exceed 85% of the actual or estimated amount of
such taxes extended or to be extended or to be received as set forth in such
resolution. At any time moneys are
available in the working cash fund they
shall be transferred to such other funds of the district and used for any and all school purposes so as to avoid, whenever possible, the
issuance of anticipation tax warrants or notes.
Moneys earned as interest from the investment of the working cash fund, or
any portion thereof, may be transferred from the working cash fund to another
fund of the district that is most in need of the interest without any requirement of repayment to the working cash
fund, upon the authority of the school board by separate resolution directing
the school treasurer to make such transfer and stating the purpose in accordance with subsection (c) of Section 9 of the Local Government Debt Reform Act.
(Source: P.A. 101-416, eff. 8-16-19.)
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(105 ILCS 5/20-6) (from Ch. 122, par. 20-6)
Sec. 20-6.
Willful violation of law.
Any member of the school board of any school district to which this
Article is applicable, or any other person holding any office, trust, or
employment under such school district who wilfully violates any of the
provisions of this Article shall be guilty of a business offense and
fined not exceeding $10,000, and shall forfeit his right to his office,
trust or employment and shall be removed therefrom. Any such member or
other person shall be liable for any sum that may be unlawfully diverted
from the working cash fund or otherwise used, to be recovered by such
school district or by any taxpayer in the name and for the benefit of
such school district in an appropriate civil action; provided that the
taxpayer shall file a bond for all costs and be liable for all costs
taxed against the school district in such suit, and judgment shall be
rendered accordingly. Nothing herein shall bar any other remedies.
(Source: P.A. 79-1366.)
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(105 ILCS 5/20-7) (from Ch. 122, par. 20-7)
Sec. 20-7. Resolution for issuance of bonds - Submission to voters - Ballot. No school district may issue bonds under this Article unless it adopts a
resolution declaring its intention to issue bonds for the purpose therein
provided and directs that notice of such intention be published at least
once in a newspaper published and having a general circulation
in the district, if there be one, but if there is no newspaper published
in such district then by publishing such notice in a newspaper having a
general circulation in the district. The notice shall set forth (1)
the intention of the district to issue bonds in accordance with this
Article; (2) the time within which a petition may be filed requesting
the submission of the proposition to issue the bonds; (3) the specific
number of voters required to sign the petition; and (4) the date of
the prospective referendum. At the time of publication of the notice and
for 30 days thereafter, the recording officer of the district shall provide
a petition form to any individual requesting one. If within 30 days after
the publication a petition is filed with the recording officer of the
district, signed by the voters of the district equal to 10% or more of the
registered voters of the district requesting that the proposition to issue
bonds as authorized by this Article be submitted to the voters thereof,
then the district shall not be authorized to issue such bonds until the
proposition has been certified to the proper election authorities and has
been submitted to and approved by a majority of the voters voting on the
proposition at a regular scheduled election in accordance with the general
election law. If no such petition is so filed, or if any and all petitions
filed are invalid, the district may issue the bonds. In addition to the
requirements of the general election law the notice of the election shall
set forth the intention of the district to issue bonds under this Article.
The proposition shall be in substantially the
following form:
OFFICIAL BALLOT
Shall the Board of ....of School District number .... YESCounty, Illinois, be authorizedto issue bonds for a working cash fund as provided forby Article 20 of the NOSchool Code?
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-8) (from Ch. 122, par. 20-8)
Sec. 20-8. Abolishment of working cash fund. Any school district may abolish
its working cash fund, upon the adoption of a resolution so providing, and
direct the transfer of any balance in such fund to the educational fund at the
close of the then current school year. Any outstanding loans to other funds of the district
shall be paid or become payable to the educational fund at the close of the
then current school year. Thereafter, all outstanding taxes of such school
district levied pursuant to Section 20-3 shall be collected and paid into the
educational fund.
Any balance in any working cash fund that is created in any school
district on or after the effective date of this amendatory Act of 1991
(including all outstanding loans from any such working cash fund to other funds of the district and all outstanding taxes levied by the district
under Section 20-3 to provide moneys for any such working cash fund) may, when
such working cash fund is abolished, be used and applied for the purpose of
reducing, by the balance in that working cash fund at the close of the school
year in which the fund so created is abolished, the amount of the taxes that
the school board of the school district otherwise would be authorized or
required to levy for educational purposes for the immediately succeeding school
year.
Any obligation incurred by any school district pursuant to Section 20-2
shall be discharged as therein provided.
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-9) (from Ch. 122, par. 20-9)
Sec. 20-9.
A school district which has
abolished or abated its working cash fund has the authority to again create a working
cash fund at any time in the manner provided in this Article.
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-10) Sec. 20-10. Abatement of working cash fund. Any school district may abate its working cash fund at any time, upon the adoption of a resolution so providing, and direct the transfer at any time of moneys in that fund to any fund or funds of the district most in need of the money, provided that the district maintains an amount to the credit of the working cash fund, including taxes levied pursuant to Section 20-3 and not yet collected and amounts transferred pursuant to Section 20-4 and to be reimbursed to the working cash fund, at least equal to 0.05% of the then current value, as equalized or assessed by the Department of Revenue, of the taxable property in the district. If necessary to effectuate the abatement, any outstanding loans to other funds of the district may be paid or become payable to the fund or funds to which the abatement is made. Any abatement of a school district's working cash fund prior to the effective date of this amendatory Act of the 96th General Assembly that would have complied with the provisions of this Section is hereby validated.
(Source: P.A. 96-1277, eff. 7-26-10.) |
(105 ILCS 5/Art. 21 heading) ARTICLE 21.
CERTIFICATION OF TEACHERS
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(105 ILCS 5/21-0.01)
Sec. 21-0.01. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-1)
Sec. 21-1. (Repealed).
(Source: P.A. 96-431, eff. 8-13-09. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
Sec. 21-1a. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-12.)
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(105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
Sec. 21-1b. (Repealed). (Source: P.A. 97-813, eff. 7-13-12. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-1c)
Sec. 21-1c. (Repealed).
(Source: P.A. 93-1036, eff. 9-14-04. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
Sec. 21-2.1. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
Sec. 21-2a. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13. )
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(105 ILCS 5/21-2b)
Sec. 21-2b. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
Sec. 21-3. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
Sec. 21-4. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
Sec. 21-5. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-5a)
Sec. 21-5a. (Repealed).
(Source: P.A. 96-862, eff. 1-15-10. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-5b) Sec. 21-5b. (Repealed). (Source: P.A. 98-603, eff. 6-1-14. Repealed internally, eff. 1-1-17.) |
(105 ILCS 5/21-5c) Sec. 21-5c. (Repealed). (Source: P.A. 98-688, eff. 6-30-14. Repealed internally, eff. 1-1-17.) |
(105 ILCS 5/21-5d) Sec. 21-5d. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 9-1-13.) |
(105 ILCS 5/21-5e)
Sec. 21-5e. (Repealed).
(Source: P.A. 96-862, eff. 1-15-10. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1) Sec. 21-7.1. (Repealed). (Source: P.A. 97-813, eff. 7-13-12. Repealed internally, 6-30-13.) |
(105 ILCS 5/21-7.5)
Sec. 21-7.5. (Repealed).
(Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 1-1-13.) |
(105 ILCS 5/21-7.6) Sec. 21-7.6. (Repealed).(Source: P.A. 96-903, eff. 7-1-10; 97-607, eff. 8-26-11.) |
(105 ILCS 5/21-7.10)
Sec. 21-7.10. (Repealed).
(Source: P.A. 96-373, eff. 8-13-09. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-7.15)
Sec. 21-7.15. (Repealed).
(Source: P.A. 94-1039, eff. 7-20-06. Repealed internally, eff. 7-2-07.) |
(105 ILCS 5/21-9) (from Ch. 122, par. 21-9)
Sec. 21-9. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
Sec. 21-10. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11) (from Ch. 122, par. 21-11)
Sec. 21-11.
(Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 91-102, eff. 7-12-99.)
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(105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
Sec. 21-11.1. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11.2) (from Ch. 122, par. 21-11.2)
Sec. 21-11.2. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
Sec. 21-11.3. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11.4)
Sec. 21-11.4. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 9-1-13.)
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(105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
Sec. 21-12. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-13)
Sec. 21-13. (Repealed).
(Source: P.A. 87-694. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-14)
Sec. 21-14. (Repealed).
(Source: P.A. 98-144, eff. 8-2-13. Repealed by P.A. 98-610, eff. 12-27-13.)
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(105 ILCS 5/21-15)
Sec. 21-15. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-16) (from Ch. 122, par. 21-16)
Sec. 21-16. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-17)
Sec. 21-17. (Repealed).
(Source: P.A. 93-679, eff. 6-30-04. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-18)
Sec. 21-18. (Repealed).
(Source: P.A. 93-679, eff. 6-30-04. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/21-19)
Sec. 21-19. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/21-21)
Sec. 21-21. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-21.1)
Sec. 21-21.1. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-22) (from Ch. 122, par. 21-22)
Sec. 21-22. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-23)
Sec. 21-23. (Repealed).
(Source: P.A. 97-8, eff. 6-13-11. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-23a)
Sec. 21-23a. (Repealed).
(Source: P.A. 96-1551, eff. 7-1-11. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-23b)
Sec. 21-23b. (Repealed).
(Source: P.A. 87-1001. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-24)
Sec. 21-24. (Repealed).
(Source: P.A. 84-551. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-25) (from Ch. 122, par. 21-25)
Sec. 21-25. (Repealed). (Source: P.A. 98-413, eff. 8-16-13. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-26)
Sec. 21-26. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/21-27)
Sec. 21-27. (Repealed).
(Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-28)
Sec. 21-28. Special education teachers; certification. (a) In order to create a special education workforce with the broad-based knowledge necessary to educate students with a variety of disabilities, the State Board of Education and State Teacher Certification Board shall certify a special education teacher under one of the following: (1) Learning behavior specialist I. (2) Learning behavior specialist II. (3) Teacher of students who are blind or visually | ||
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(4) Teacher of students who are deaf or hard of | ||
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(5) Speech-language pathologist. (6) Early childhood special education teacher. (b) The State Board of Education is authorized to provide for the assignment of individuals to special education positions by short-term, emergency certification. Short-term, emergency certification shall not be renewed. (c) The State Board of Education is authorized to use peremptory rulemaking, in accordance with Section 5-50 of the Illinois Administrative Procedure Act, to place into the Illinois Administrative Code the certification policies and standards related to special education, as authorized under this Section, that the State Board has been required to implement pursuant to federal court orders dated February 27, 2001, August 15, 2001, and September 11, 2002 in the matter of Corey H., et al. v. Board of Education of the City of Chicago, et al.
(Source: P.A. 97-227, eff. 1-1-12; 97-461, eff. 8-19-11; 97-813, eff. 7-13-12.)
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(105 ILCS 5/21-29)
Sec. 21-29. (Repealed).
(Source: P.A. 95-938, eff. 8-29-08. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/Art. 21A heading)
ARTICLE 21A.
NEW TEACHER INDUCTION AND MENTORING
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(105 ILCS 5/21A-5)
Sec. 21A-5. Definitions. In this Article:
"New teacher" means the holder of a professional educator license, as set
forth in Section 21B-20 of this Code, who is employed by a public school and who
has not previously participated in a new teacher induction and mentoring
program required by this Article, except as provided in Section 21A-25 of this
Code.
"Eligible applicant" or "eligible entity" means a regional office of education, an intermediate service center, an Illinois institution of higher education, a statewide organization representing teachers, a local education agency, or a public or private not-for-profit entity with experience providing professional learning, including mentoring, to early childhood educators. "Public school" means any school operating pursuant to the authority of
this Code, including without limitation a school district, a charter school, a
cooperative or joint agreement with a governing body or board of control, and a
school operated by a regional office of education or State agency.
(Source: P.A. 101-643, eff. 6-18-20; 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-10)
Sec. 21A-10. Development of program required. (a) Each eligible applicant shall develop a new teacher induction and mentoring program for first and second-year teachers that meets the requirements set forth in Section 21A-20 to assist new teachers in developing the skills and strategies necessary for instructional excellence, provided that funding is made available by the State Board of Education from an appropriation made for this purpose. (b) A public school that has a new teacher induction and mentoring program in existence before the effective date of this amendatory Act of the 102nd General Assembly that does not meet the requirements set forth in Section 21A-20 may modify the program to meet the requirements of Section 21A-20 and may receive funding as described in Section 21A-25, provided that funding is made available by the State Board of Education from an appropriation made for this purpose. (c) Each school district shall decide, in conjunction with its exclusive bargaining representative, if any, whether to forgo modifications to a new teacher induction and mentoring program in existence before the effective date of this amendatory Act of the 102nd General Assembly. If a district does not have a new teacher induction and mentoring program in existence before the effective date of this amendatory Act of the 102nd General Assembly or if a district and the exclusive bargaining representative, if any, agree that an eligible entity would better serve the district's needs, the district and the exclusive bargaining representative, if any, shall jointly decide which eligible entity offers the most suitable program. The eligible entity shall include representatives from both the district and the exclusive bargaining representative in the program development discussions to ensure the program captures local need.
(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-15)
Sec. 21A-15. Program establishment and implementation. (a) The State Board of Education shall establish a competitive State grant program to support new teacher induction and mentoring programs. The program shall be available to eligible entities not less than every 3 years, subject to appropriation. The State Board shall prioritize funding based on the needs of students and school districts as it relates to teacher retention. (b) Notwithstanding any other provision of this Code, by no later than the beginning of the 2022-2023 school year or by no later than the beginning of the 2023-2024 school year for eligible applicants that have been given an extension of time to develop a program under Section 21A-10, each eligible entity or 2 or more eligible entities acting jointly shall establish and implement a new teacher induction and mentoring program required to be developed under Section 21A-10.
(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-20)
Sec. 21A-20. Program requirements. Each new teacher induction and
mentoring program must align with the standards established under Section 21A-20.5 and shall be based on a plan that at least does all of the
following:
(1) Assigns a mentor teacher to each new teacher for | ||
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(2) Aligns with the Illinois Culturally Responsive | ||
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(3) (Blank).
(4) Describes the role of mentor teachers, the | ||
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(5) Is designed to be available for both in-person | ||
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(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-20.5) Sec. 21A-20.5. Program standards. (a) The State Board of Education shall establish standards for new teacher induction and mentoring programs. In establishing these standards, the State Board shall seek input and feedback from stakeholders, including parents, students, and educators, who reflect the diversity of this State. (b) Any changes made to the standards established under subsection (a) must be approved by the Teaching Induction and Mentoring Advisory Group pursuant to Section 21A-25.5.
(Source: P.A. 102-521, eff. 8-20-21.) |
(105 ILCS 5/21A-25)
Sec. 21A-25. Funding. (a) From a separate appropriation made for
the purposes of this Article, for each new teacher participating in a new
teacher
induction and mentoring program
that meets the requirements set forth in Section 21A-20 of this Code or
in an existing program that is in the process of transition to a program
that meets those requirements, the State Board of Education shall pay the eligible entity for the duration of the grant
for the purpose of
providing the following:
(1) Mentor teacher compensation and new teacher | ||
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(2) Mentor teacher professional learning or new | ||
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(3) (Blank).
(b) Each school district shall decide, in conjunction with its exclusive bargaining representative, if any, which eligible applicant offers the most suitable program. If a mentor teacher receives release time to support a new teacher, the total workload of other teachers regularly employed by the public school shall not increase in any substantial manner. If the appropriation is not included in the State budget, the State Board of Education is not required to implement programs established by this Article.
(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-25.5) Sec. 21A-25.5. Teaching Induction and Mentoring Advisory Group. (a) The State Board of Education shall create a Teaching Induction and Mentoring Advisory Group. Members of the Advisory Group must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the programs set forth under Section 21A-20. (b) The members of the Advisory Group shall be appointed by the State Superintendent of Education and shall include all of the following members: (1) Four members representing teachers recommended by | ||
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(2) Four members representing teachers recommended by | ||
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(3) Two members representing principals recommended | ||
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(4) One member representing district superintendents | ||
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(5) One member representing regional superintendents | ||
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(6) One member representing a State-approved educator | ||
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The majority of the membership of the Advisory Group shall consist of practicing teachers. (c) The Advisory Group is responsible for approving any changes made to the standards established under Section 21A-20.5.
(Source: P.A. 102-521, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/21A-30)
Sec. 21A-30. Evaluation of programs. The State Board of Education shall contract with an independent party, using funds from the relevant appropriation for new teacher induction and mentoring programs, to conduct a comprehensive evaluation of the new teacher induction and mentoring programs established pursuant to this Article. Reports from the evaluation shall be made available to stakeholders after 3 years of program implementation.
(Source: P.A. 101-643, eff. 6-18-20; 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-35)
Sec. 21A-35. Rules. The State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, shall adopt rules for the implementation
of this Article.
(Source: P.A. 101-643, eff. 6-18-20.)
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(105 ILCS 5/Art. 21B heading) ARTICLE 21B. EDUCATOR LICENSURE
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-5) Sec. 21B-5. Licensure powers of the State Board of Education. (a) Recognizing that the education of our citizens is the single most important influence on the prosperity and success of this State and recognizing that new developments in education require a flexible approach to our educational system, the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall have the power and authority to do all of the following: (1) Set standards for teaching, supervising, or | ||
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(2) Approve, evaluate, and sanction educator | ||
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(3) Enter into agreements with other states relative | ||
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(4) Establish standards for the issuance of new types | ||
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(5) Establish a code of ethics for all educators. (6) Maintain a system of licensure examination | ||
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(7) Take such other action relating to the | ||
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(b) Only the State Board of Education, acting in accordance with the applicable provisions of this Article and rules, shall have the authority to issue or endorse any license required for teaching, supervising, or otherwise holding licensed employment in the public schools; and no other State agency shall have any power or authority (i) to establish or prescribe any qualifications or other requirements applicable to the issuance or endorsement of any such license or (ii) to establish or prescribe any licensure or equivalent requirement that must be satisfied in order to teach, supervise, or hold licensed employment in the public schools.
(Source: P.A. 100-596, eff. 7-1-18.) |
(105 ILCS 5/21B-10) Sec. 21B-10. State Educator Preparation and Licensure Board. (a) The State Teacher Certification Board, which had been established under Section 21-13 of the School Code prior to this amendatory Act of the 97th General Assembly, shall be renamed the State Educator Preparation and Licensure Board. References in law to the State Teacher Certification Board shall mean the State Educator Preparation and Licensure Board.
The State Educator Preparation and Licensure Board shall consist of the State Superintendent of Education or a representative appointed by him or her, who shall be ex-officio chairperson, 5 administrative or faculty members of public or private colleges or universities located in this State, 3 administrators and 10 classroom teachers employed in the public schools (5 of whom must be members of and nominated by a statewide professional teachers' organization and 5 of whom must be members of and nominated by a different statewide professional teachers' organization), and one regional superintendent of schools, all of whom shall be appointed by the State Board of Education; provided that at least one of the administrators and at least 3 of the classroom teachers so appointed must be employees of a school district that is subject to the provisions of Article 34 of this Code. A statewide professional teachers' organization and a different statewide professional teachers' organization shall submit to the State Board of Education for consideration at least 3 names of accomplished teachers for every one vacancy or expiring term in a classroom teacher position. The nominations submitted to the State Board of Education under this Section to fill a vacancy or an expiring term shall be advisory. Nomination for State Educator Preparation and Licensure Board members must be submitted to the State Board of Education within 30 days after the vacancy or vacancies occur. Nominations to fill an expiring term must be submitted to the State Board of Education at least 30 days before the expiration of that term. Notwithstanding any other provisions of this Section, if a sufficient number of nominations are not received by the State Board of Education for a vacancy or expiring term within the 30-day period, then the State Board of Education may appoint any qualified person, in the same manner as the original appointment, to fill the vacancy or expiring term. The regular term of each member is 3 years, and an individual may be appointed for no more than 2 consecutive terms. The term of an appointed member of the State Educator Preparation and Licensure Board shall expire on June 30 of his or her final year. (b) The State Board of Education shall appoint a secretary of the State Educator Preparation and Licensure Board. (c) The State Educator Preparation and Licensure Board shall hold regular meetings at least quarterly and such other special meetings as may be necessary. (d) The necessary expenses of the State Educator Preparation and Licensure Board shall be provided through the State Board of Education. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary for the administration of this Article. (e) (Blank).
(Source: P.A. 100-596, eff. 7-1-18.) |
(105 ILCS 5/21B-12) (Section scheduled to be repealed on October 1, 2025) Sec. 21B-12. Professional educator licensure review committee. (a) The State Superintendent of Education shall establish a committee of no more than 21 members to make recommendations to the State Board of Education to change the professional educator licensure requirements and Professional Educator License renewal requirements for kindergarten through grade 12 teachers to include demonstrated proficiency in adverse childhood experiences, trauma, secondary traumatic stress, creating trauma-responsive learning environments or communities, as defined in subsection (b) of Section 3-11 of this Code, restorative justice, and restorative practices on or before October 1, 2024. The members of the committee shall be appointed by the State Superintendent of Education, unless stated otherwise, and shall include the following members: (1) the State Superintendent of Education or a | ||
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(2) one member of a statewide professional teachers' | ||
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(3) one member of another statewide professional | ||
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(4) one member who represents a school district | ||
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(5) one member of a statewide organization | ||
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(6) one member of a statewide organization | ||
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(7) one member of an organization that has specific | ||
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(8) one member of another organization that has | ||
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(9) one member of a statewide organization that | ||
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(10) 3 members representing a State-approved educator | ||
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(11) one member representing regional superintendents | ||
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(12) one educator from a school district that has | ||
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(13) one member representing district superintendents | ||
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(14) the Secretary of Human Services, the Director of | ||
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(15) a child advocate. (b) This Section is repealed on October 1, 2025. (Source: P.A. 103-413, eff. 1-1-24.) |
(105 ILCS 5/21B-15) Sec. 21B-15. Qualifications of educators. (a) No one may be licensed to teach or supervise or be otherwise employed in the public schools of this State who is not of good character and at least 19 years of age, except as otherwise provided in subparagraph (J) of subsection (2) of Section 21B-20. In determining good character under this Section, the State Superintendent of Education shall take into consideration the disciplinary actions of other states or national entities against certificates or licenses issued by those states and held by individuals from those states. In addition, any felony conviction of the applicant may be taken into consideration; however, no one may be licensed to teach or supervise in the public schools of this State who has been convicted of (i) an offense set forth in subsection (b) of Section 21B-80 of this Code until 7 years following the end of the sentence for the criminal offense or (ii) an offense set forth in subsection (c) of Section 21B-80 of this Code. Unless the conviction is for an offense set forth in Section 21B-80 of this Code, an applicant must be permitted to submit character references or other written material before such a conviction or other information regarding the applicant's character may be used by the State Superintendent of Education as a basis for denying the application. (b) No person otherwise qualified shall be denied the right to be licensed or to receive training for the purpose of becoming an educator because of a physical disability, including, but not limited to, visual and hearing disabilities; nor shall any school district refuse to employ a teacher on such grounds, provided that the person is able to carry out the duties of the position for which he or she applies. (c) No person may be granted or continue to hold an educator license who has knowingly altered or misrepresented his or her qualifications, in this State or any other state, in order to acquire or renew the license. Any other license issued under this Article held by the person may be suspended or revoked by the State Educator Preparation and Licensure Board, depending upon the severity of the alteration or misrepresentation. (d) No one may teach or supervise in the public schools nor receive for teaching or supervising any part of any public school fund who does not hold an educator license granted by the State Superintendent of Education as provided in this Article. However, the provisions of this Article do not apply to a member of the armed forces who is employed as a teacher of subjects in the Reserve Officers' Training Corps of any school, nor to an individual teaching a dual credit course as provided for in the Dual Credit Quality Act. (e) Notwithstanding any other provision of this Code, the school board of a school district may grant to a teacher of the district a leave of absence with full pay for a period of not more than one year to permit the teacher to teach in a foreign state under the provisions of the Exchange Teacher Program established under Public Law 584, 79th Congress, and Public Law 402, 80th Congress, as amended. The school board granting the leave of absence may employ, with or without pay, a national of the foreign state wherein the teacher on the leave of absence is to teach if the national is qualified to teach in that foreign state and if that national is to teach in a grade level similar to the one that was taught in the foreign state. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt rules as may be necessary to implement this subsection (e).
(f) No person shall be denied a license issued under this Article solely based on his or her citizenship status or immigration status. The General Assembly finds and declares that this subsection (f) is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. Nothing in this subsection shall affect the requirements to obtain a license that are not directly related to citizenship status or immigration status. Nothing in this subsection shall be construed to grant eligibility for obtaining any public benefit other than a license issued under this Article. (Source: P.A. 102-713, eff. 1-1-23.) |
(105 ILCS 5/21B-20) Sec. 21B-20. Types of licenses. The State Board of Education shall implement a system of educator licensure, whereby individuals employed in school districts who are required to be licensed must have one of the following licenses: (i) a professional educator license; (ii) an educator license with stipulations; (iii) a substitute teaching license; or (iv) until June 30, 2028, a short-term substitute teaching license. References in law regarding individuals certified or certificated or required to be certified or certificated under Article 21 of this Code shall also include individuals licensed or required to be licensed under this Article. The first year of all licenses ends on June 30 following one full year of the license being issued. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to govern the requirements for licenses and endorsements under this Section. (1) Professional Educator License. Persons who (i) | ||
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Individuals can receive subsequent endorsements on | ||
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(2) Educator License with Stipulations. An Educator | ||
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An individual with an Educator License with | ||
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An Educator License with Stipulations may be issued | ||
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(A) (Blank). (B) Alternative provisional educator. An | ||
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(i) Graduated from a regionally accredited | ||
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(ii) Successfully completed the first phase | ||
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(iii) Passed a content area test, as required | ||
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The alternative provisional educator endorsement is | ||
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(C) Alternative provisional superintendent. An | ||
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(i) Graduated from a regionally accredited | ||
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(ii) Been employed for a period of at least 5 | ||
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(iii) Successfully completed the first phase | ||
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(iv) Passed a content area test required | ||
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The endorsement is valid for 2 fiscal years in | ||
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(D) (Blank). (E) Career and technical educator. A career and | ||
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The career and technical educator endorsement on | ||
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An individual who holds a valid career and | ||
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(F) (Blank). (G) Transitional bilingual educator. A | ||
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(i) Possesses adequate speaking, reading, and | ||
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(ii) Has the ability to successfully | ||
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(iii) Either possessed, within 5 years | ||
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A transitional bilingual educator endorsement | ||
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Persons holding a transitional bilingual educator | ||
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(H) Language endorsement. In an effort to | ||
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(i) Holds a transitional bilingual | ||
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(ii) Has demonstrated proficiency in the | ||
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(iii) Holds a bachelor's degree or higher | ||
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(iv) (Blank). A language endorsement on an Educator License | ||
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(I) Visiting international educator. A visiting | ||
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(i) Holds the equivalent of a minimum of a | ||
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(ii) Has been prepared as a teacher at the | ||
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(iii) Has adequate content knowledge in the | ||
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(iv) Has an adequate command of the English | ||
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A holder of a visiting international educator | ||
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A visiting international educator endorsement on | ||
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(J) Paraprofessional educator. A paraprofessional | ||
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(K) Chief school business official. A chief | ||
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The chief school business official endorsement | ||
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The chief school business official endorsement on | ||
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The State Board of Education shall adopt any | ||
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(L) Provisional in-state educator. A provisional | ||
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(i) Holds at least a bachelor's degree. (ii) Has completed an approved educator | ||
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(iii) Has passed an applicable content area | ||
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(iv) Has attempted an evidence-based | ||
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A provisional in-state educator endorsement on an | ||
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(M) (Blank). (N) Specialized services. A specialized services | ||
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(O) Provisional career and technical educator. A | ||
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A provisional career and technical educator | ||
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An individual who holds a provisional career and | ||
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(3) Substitute Teaching License. A Substitute | ||
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Substitute Teaching Licenses are valid for 5 years. Substitute Teaching Licenses are valid for substitute | ||
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A substitute teacher may only teach in the place of a | ||
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There is no limit on the number of days that a | ||
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A school district may not require an individual who | ||
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(4) Short-Term Substitute Teaching License. Beginning | ||
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Short-Term Substitute Teaching Licenses are valid for | ||
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The provisions of Sections 10-21.9 and 34-18.5 of | ||
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An individual holding a Short-Term Substitute | ||
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(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; 103-193, eff. 1-1-24; 103-564, eff. 11-17-23.) |
(105 ILCS 5/21B-25) Sec. 21B-25. Endorsement on licenses. All licenses issued under paragraph (1) of Section 21B-20 of this Code shall be specifically endorsed by the State Board of Education for each content area, school support area, and administrative area for which the holder of the license is qualified. Recognized institutions approved to offer educator preparation programs shall be trained to add endorsements to licenses issued to applicants who meet all of the requirements for the endorsement or endorsements, including passing any required tests. The State Superintendent of Education shall randomly audit institutions to ensure that all rules and standards are being followed for entitlement or when endorsements are being recommended. (1) The State Board of Education, in consultation | ||
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(2) In addition to any and all grade level and | ||
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(A) (Blank). (B) Principal endorsement. A principal | ||
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(i) Successful completion of a principal | ||
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(ii) At least 4 total years of teaching or 4 | ||
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(iii) A master's degree or higher from a | ||
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(C) Chief school business official endorsement. | ||
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(D) Superintendent endorsement. A superintendent | ||
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(E) Teacher leader endorsement. It shall be the | ||
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A teacher who meets the requirements set forth in | ||
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The State Board of Education, in consultation | ||
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(F) Special education endorsement. A special | ||
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(i) Learning Behavior Specialist I; (ii) Learning Behavior Specialist II; (iii) Speech Language Pathologist; (iv) Blind or Visually Impaired; (v) Deaf-Hard of Hearing; (vi) Early Childhood Special Education; and (vii) Director of Special Education. Notwithstanding anything in this Code to the | ||
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(G) School support personnel endorsement. School | ||
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(Source: P.A. 100-13, eff. 7-1-17; 100-267, eff. 8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff. 8-7-19.) |
(105 ILCS 5/21B-30)
(Text of Section from P.A. 103-402)
Sec. 21B-30. Educator testing. (a) (Blank). (b) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall design and implement a system of examinations, which shall be required prior to the issuance of educator licenses. These examinations and indicators must be based on national and State professional teaching standards, as determined by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education may adopt such rules as may be necessary to implement and administer this Section. (c) (Blank). (c-5) The State Board must adopt rules to implement a paraprofessional competency test. This test would allow an applicant seeking an Educator License with Stipulations with a paraprofessional educator endorsement to obtain the endorsement if he or she passes the test and meets the other requirements of subparagraph (J) of paragraph (2) of Section 21B-20 other than the higher education requirements. (d) All applicants seeking a State license shall be required to pass a test of content area knowledge for each area of endorsement for which there is an applicable test. There shall be no exception to this requirement. No candidate shall be allowed to student teach or serve as the teacher of record until he or she has passed the applicable content area test. (d-5) The State Board shall consult with any applicable vendors within 90 days after the effective date of this amendatory Act of the 103rd General Assembly to develop a plan to transition the test of content area knowledge in the endorsement area of elementary education, grades one through 6, by July 1, 2026 to a content area test that contains testing elements that cover bilingualism, biliteracy, oral language development, foundational literacy skills, and developmentally appropriate higher-order comprehension and on which a valid and reliable language and literacy subscore can be determined. The State Board shall base its rules concerning the passing subscore on the language and literacy portion of the test on the recommended cut-score determined in the formal standard-setting process. Candidates need not achieve a particular subscore in the area of language and literacy. The State Board shall aggregate and publish the number of candidates in each preparation program who take the test and the number who pass the language and literacy portion. (e) (Blank). (f) Except as otherwise provided in this Article, beginning on September 1, 2015, all candidates completing teacher preparation programs in this State and all candidates subject to Section 21B-35 of this Code are required to pass a teacher performance assessment approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. A candidate may not be required to submit test materials by video submission. Subject to appropriation, an individual who holds a Professional Educator License and is employed for a minimum of one school year by a school district designated as Tier 1 under Section 18-8.15 may, after application to the State Board, receive from the State Board a refund for any costs associated with completing the teacher performance assessment under this subsection. (g) The content area knowledge test and the teacher performance assessment shall be the tests that from time to time are designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and may be tests prepared by an educational testing organization or tests designed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The test of content area knowledge shall assess content knowledge in a specific subject field. The tests must be designed to be racially neutral to ensure that no person taking the tests is discriminated against on the basis of race, color, national origin, or other factors unrelated to the person's ability to perform as a licensed employee. The score required to pass the tests shall be fixed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The tests shall be administered not fewer than 3 times a year at such time and place as may be designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board shall implement a test or tests to assess the speaking, reading, writing, and grammar skills of applicants for an endorsement or a license issued under subdivision (G) of paragraph (2) of Section 21B-20 of this Code in the English language and in the language of the transitional bilingual education program requested by the applicant. (h) Except as provided in Section 34-6 of this Code, the provisions of this Section shall apply equally in any school district subject to Article 34 of this Code. (i) The rules developed to implement and enforce the testing requirements under this Section shall include, without limitation, provisions governing test selection, test validation, and determination of a passing score, administration of the tests, frequency of administration, applicant fees, frequency of applicants taking the tests, the years for which a score is valid, and appropriate special accommodations. The State Board of Education shall develop such rules as may be needed to ensure uniformity from year to year in the level of difficulty for each form of an assessment.
(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23.) (Text of Section from P.A. 103-488) Sec. 21B-30. Educator testing. (a) (Blank). (b) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall design and implement a system of examinations, which shall be required prior to the issuance of educator licenses. These examinations and indicators must be based on national and State professional teaching standards, as determined by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education may adopt such rules as may be necessary to implement and administer this Section. (c) (Blank). (c-5) The State Board must adopt rules to implement a paraprofessional competency test. This test would allow an applicant seeking an Educator License with Stipulations with a paraprofessional educator endorsement to obtain the endorsement if he or she passes the test and meets the other requirements of subparagraph (J) of paragraph (2) of Section 21B-20 other than the higher education requirements. (d) All applicants seeking a State license shall be required to pass a test of content area knowledge for each area of endorsement for which there is an applicable test. There shall be no exception to this requirement. No candidate shall be allowed to student teach or serve as the teacher of record until he or she has passed the applicable content area test. (e) (Blank). (f) Beginning on the effective date of this amendatory Act of the 103rd General Assembly through August 31, 2025, no candidate completing a teacher preparation program in this State or candidate subject to Section 21B-35 of this Code is required to pass a teacher performance assessment. Except as otherwise provided in this Article, beginning on September 1, 2015 until the effective date of this amendatory Act of the 103rd General Assembly and beginning again on September 1, 2025, all candidates completing teacher preparation programs in this State and all candidates subject to Section 21B-35 of this Code are required to pass a teacher performance assessment approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. A candidate may not be required to submit test materials by video submission. Subject to appropriation, an individual who holds a Professional Educator License and is employed for a minimum of one school year by a school district designated as Tier 1 under Section 18-8.15 may, after application to the State Board, receive from the State Board a refund for any costs associated with completing the teacher performance assessment under this subsection. (f-5) The Teacher Performance Assessment Task Force is created to evaluate potential performance-based and objective teacher performance assessment systems for implementation across all educator preparation programs in this State, with the intention of ensuring consistency across programs and supporting a thoughtful and well-rounded licensure system. Members appointed to the Task Force must reflect the racial, ethnic, and geographic diversity of this State. The Task Force shall consist of all of the following members: (1) One member of the Senate, appointed by the | ||
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(2) One member of the Senate, appointed by the | ||
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(3) One member of the House of Representatives, | ||
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(4) One member of the House of Representatives, | ||
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(5) One member who represents a statewide | ||
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(6) One member who represents a different statewide | ||
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(7) One member from a statewide organization | ||
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(8) One member from a statewide organization | ||
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(9) One member from a statewide organization | ||
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(10) One member representing a school district | ||
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(11) One member of an association representing rural | ||
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(12) One member representing a suburban school | ||
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(13) One member from a statewide organization | ||
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(14) One member from a statewide organization | ||
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(15) One member from a statewide organization | ||
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(16) Three members, each representing a different | ||
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(17) Three members, each representing a different | ||
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(18) One member of the Board of Higher Education, | ||
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(19) One member representing a statewide policy | ||
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(20) One member representing a statewide | ||
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(21) Two members representing an early childhood | ||
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(22) One member representing a statewide organization | ||
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(23) One member representing a statewide organization | ||
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(24) One member representing a statewide organization | ||
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(25) One member who has, within the last 5 years, | ||
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Members of the Task Force shall serve without compensation. The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson of the Task Force, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. On or before August 1, 2024, the Task Force shall report on its work, including recommendations on a teacher performance assessment system in this State, to the State Board of Education and the General Assembly. The Task Force is dissolved upon submission of this report. (g) The content area knowledge test and the teacher performance assessment shall be the tests that from time to time are designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and may be tests prepared by an educational testing organization or tests designed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The test of content area knowledge shall assess content knowledge in a specific subject field. The tests must be designed to be racially neutral to ensure that no person taking the tests is discriminated against on the basis of race, color, national origin, or other factors unrelated to the person's ability to perform as a licensed employee. The score required to pass the tests shall be fixed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The tests shall be administered not fewer than 3 times a year at such time and place as may be designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board shall implement a test or tests to assess the speaking, reading, writing, and grammar skills of applicants for an endorsement or a license issued under subdivision (G) of paragraph (2) of Section 21B-20 of this Code in the English language and in the language of the transitional bilingual education program requested by the applicant. (h) Except as provided in Section 34-6 of this Code, the provisions of this Section shall apply equally in any school district subject to Article 34 of this Code. (i) The rules developed to implement and enforce the testing requirements under this Section shall include without limitation provisions governing test selection, test validation and determination of a passing score, administration of the tests, frequency of administration, applicant fees, frequency of applicants taking the tests, the years for which a score is valid, and appropriate special accommodations. The State Board of Education shall develop such rules as may be needed to ensure uniformity from year to year in the level of difficulty for each form of an assessment.
(Source: P.A. 102-301, eff. 8-26-21; 103-488, eff. 8-4-23.) |
(105 ILCS 5/21B-35) Sec. 21B-35. Minimum requirements for educators trained in other states or countries. (a) Any applicant who has not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education applying for a Professional Educator License endorsed in a teaching field or school support personnel area must meet the following requirements: (1) the applicant must: (A) hold a comparable and valid educator license | ||
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(B) have a bachelor's degree from a regionally | ||
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(C) (blank); or (2) the applicant must: (A) have completed a state-approved program for | ||
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(B) have a bachelor's degree from a regionally | ||
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(C) have successfully met all Illinois | ||
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(i) (blank); (ii) an applicant who has successfully | ||
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(iii) an applicant for a teaching endorsement | ||
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(D) for an applicant for a teaching endorsement, | ||
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(b) In order to receive a Professional Educator License endorsed in a teaching field or school support personnel area, applicants trained in another country must meet all of the following requirements: (1) Have completed a comparable education program in | ||
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(2) Have had transcripts evaluated by an evaluation | ||
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(3) Have a degree comparable to a degree from a | ||
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(4) Have completed coursework aligned to standards | ||
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(5) (Blank). (6) (Blank). (7) Have successfully met all State licensure | ||
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(8) Have completed student teaching or an equivalent | ||
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(9) (Blank). (b-5) All applicants who have not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education and applicants trained in another country applying for a Professional Educator License endorsed for principal or superintendent must hold a master's degree from a regionally accredited institution of higher education and hold a comparable and valid educator license or certificate with similar grade level and subject matter credentials, with the State Board of Education having the authority to determine what constitutes similar grade level and subject matter credentials from another state, or must meet all of the following requirements: (1) Have completed an educator preparation program | ||
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(2) Have successfully met all State licensure | ||
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(2.5) Have completed an internship, as defined by | ||
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(3) (Blank). (4) Have completed coursework aligned to standards | ||
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(4.5) (Blank). (5) Have completed a master's degree. (6) Have successfully completed teaching, school | ||
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(b-7) All applicants who have not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education applying for a Professional Educator License endorsed for Director of Special Education must hold a master's degree from a regionally accredited institution of higher education and must hold a comparable and valid educator license or certificate with similar grade level and subject matter credentials, with the State Board of Education having the authority to determine what constitutes similar grade level and subject matter credentials from another state, or must meet all of the following requirements: (1) Have completed a master's degree. (2) Have 2 years of full-time experience | ||
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(3) Have successfully completed all examination | ||
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(4) Have completed coursework aligned to | ||
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(b-10) All applicants who have not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education applying for a Professional Educator License endorsed for chief school business official must hold a master's degree from a regionally accredited institution of higher education and must hold a comparable and valid educator license or certificate with similar grade level and subject matter credentials, with the State Board of Education having the authority to determine what constitutes similar grade level and subject matter credentials from another state, or must meet all of the following requirements: (1) Have completed a master's degree in school | ||
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(2) Have successfully completed an internship in | ||
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(3) Have successfully met all State examination | ||
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(4) Have completed modules aligned to standards | ||
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(c) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to implement this Section.
(Source: P.A. 102-539, eff. 8-20-21; 103-402, eff. 7-28-23.) |
(105 ILCS 5/21B-40) Sec. 21B-40. Fees. (a) Beginning with the start of the new licensure system established pursuant to this Article, the following fees shall be charged to applicants: (1) A $100 application fee for a Professional | ||
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(1.5) A $50 application fee for a Substitute Teaching | ||
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(1.7) A $25 application fee for a Short-Term | ||
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(2) A $150 application fee for individuals who have | ||
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(3) A $50 application fee for each endorsement or | ||
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(4) A $10 per year registration fee for the course | ||
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Beginning on July 1, 2017, at the beginning of each | ||
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(5) The license renewal fee for an Educator License | ||
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(b) All application fees paid pursuant to subdivisions (1) through (3) of subsection (a) of this Section shall be deposited into the Teacher Certificate Fee Revolving Fund and shall be used, subject to appropriation, by the State Board of Education to provide the technology and human resources necessary for the timely and efficient processing of applications and for the renewal of licenses. Funds available from the Teacher Certificate Fee Revolving Fund may also be used by the State Board of Education to support the recruitment and retention of educators, to support educator preparation programs as they seek national accreditation, and to provide professional development aligned with the requirements set forth in Section 21B-45 of this Code. A majority of the funds in the Teacher Certificate Fee Revolving Fund must be dedicated to the timely and efficient processing of applications and for the renewal of licenses. The Teacher Certificate Fee Revolving Fund is not subject to administrative charge transfers, authorized under Section 8h of the State Finance Act, from the Teacher Certificate Fee Revolving Fund into any other fund of this State, and moneys in the Teacher Certificate Fee Revolving Fund shall not revert back to the General Revenue Fund at any time. The regional superintendent of schools shall deposit the registration fees paid pursuant to subdivision (4) of subsection (a) of this Section into the institute fund established pursuant to Section 3-11 of this Code. (c) The State Board of Education and each regional office of education are authorized to charge a service or convenience fee for the use of credit cards for the payment of license fees. This service or convenience fee shall not exceed the amount required by the credit card processing company or vendor that has entered into a contract with the State Board or regional office of education for this purpose, and the fee must be paid to that company or vendor. (d) If, at the time a certificate issued under Article 21 of this Code is exchanged for a license issued under this Article, a person has paid registration fees for any years of the validity period of the certificate and these years have not expired when the certificate is exchanged, then those fees must be applied to the registration of the new license.
(Source: P.A. 101-81, eff. 7-12-19; 101-570, eff. 8-23-19; 102-867, eff. 5-13-22.) |
(105 ILCS 5/21B-45) Sec. 21B-45. Professional Educator License renewal. (a) Individuals holding a Professional Educator License are required to complete the licensure renewal requirements as specified in this Section, unless otherwise provided in this Code. Individuals holding a Professional Educator License shall meet the renewal requirements set forth in this Section, unless otherwise provided in this Code. If an individual holds a license endorsed in more than one area that has different renewal requirements, that individual shall follow the renewal requirements for the position for which he or she spends the majority of his or her time working. (b) All Professional Educator Licenses not renewed as provided in this Section shall lapse on September 1 of that year. Notwithstanding any other provisions of this Section, if a license holder's electronic mail address is available, the State Board of Education shall send him or her notification electronically that his or her license will lapse if not renewed, to be sent no more than 6 months prior to the license lapsing. Lapsed licenses may be immediately reinstated upon (i) payment to the State Board of Education by the applicant of a $50 penalty or (ii) the demonstration of proficiency by completing 9 semester hours of coursework from a regionally accredited institution of higher education in the content area that most aligns with one or more of the educator's endorsement areas. Any and all back fees, including without limitation registration fees owed from the time of expiration of the license until the date of reinstatement, shall be paid and kept in accordance with the provisions in Article 3 of this Code concerning an institute fund and the provisions in Article 21B of this Code concerning fees and requirements for registration. Licenses not registered in accordance with Section 21B-40 of this Code shall lapse after a period of 6 months from the expiration of the last year of registration or on January 1 of the fiscal year following initial issuance of the license. An unregistered license is invalid after September 1 for employment and performance of services in an Illinois public or State-operated school or cooperative and in a charter school. Any license or endorsement may be voluntarily surrendered by the license holder. A voluntarily surrendered license shall be treated as a revoked license. An Educator License with Stipulations with only a paraprofessional endorsement does not lapse.
(c) From July 1, 2013 through June 30, 2014, in order to satisfy the requirements for licensure renewal provided for in this Section, each professional educator licensee with an administrative endorsement who is working in a position requiring such endorsement shall complete one Illinois Administrators' Academy course, as described in Article 2 of this Code, per fiscal year. (c-5) All licenses issued by the State Board of Education under this Article that expire on June 30, 2020 and have not been renewed by the end of the 2020 renewal period shall be extended for one year and shall expire on June 30, 2021. (d) Beginning July 1, 2014, in order to satisfy the requirements for licensure renewal provided for in this Section, each professional educator licensee may create a professional development plan each year. The plan shall address one or more of the endorsements that are required of his or her educator position if the licensee is employed and performing services in an Illinois public or State-operated school or cooperative. If the licensee is employed in a charter school, the plan shall address that endorsement or those endorsements most closely related to his or her educator position. Licensees employed and performing services in any other Illinois schools may participate in the renewal requirements by adhering to the same process. Except as otherwise provided in this Section, the licensee's professional development activities shall align with one or more of the following criteria: (1) activities are of a type that engages | ||
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(2) professional development aligns to the licensee's | ||
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(3) outcomes for the activities must relate to | ||
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(4) activities align to State-approved standards;
and (5) higher education coursework. (e) For each renewal cycle, each professional educator licensee shall engage in professional development activities. Prior to renewal, the licensee shall enter electronically into the Educator Licensure Information System (ELIS) the name, date, and location of the activity, the number of professional development hours, and the provider's name. The following provisions shall apply concerning professional development activities: (1) Each licensee shall complete a total of 120 hours | ||
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(2) Beginning with his or her first full 5-year | ||
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(3) Any licensee with an administrative endorsement | ||
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(4) Any licensee holding a current National Board for | ||
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(5) Licensees working in a position that does not | ||
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(6) Licensees who are retired and qualify for | ||
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(7) For any renewal cycle in which professional | ||
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(8) Any licensee who has not fulfilled the | ||
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(9) If professional development opportunities were | ||
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(10) Individuals who hold exempt licenses prior to | ||
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(11) Notwithstanding any other provision of this | ||
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(e-5) The number of professional development hours required under subsection (e) is reduced by 20% for any renewal cycle that includes the 2021-2022 school year. (f) At the time of renewal, each licensee shall respond to the required questions under penalty of perjury. (f-5) The State Board of Education shall conduct random audits of licensees to verify a licensee's fulfillment of the professional development hours required under this Section. Upon completion of a random audit, if it is determined by the State Board of Education that the licensee did not complete the required number of professional development hours or did not provide sufficient proof of completion, the licensee shall be notified that his or her license has lapsed. A license that has lapsed under this subsection may be reinstated as provided in subsection (b). (g) The following entities shall be designated as approved to provide professional development activities for the renewal of Professional Educator Licenses: (1) The State Board of Education. (2) Regional offices of education and intermediate | ||
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(3) Illinois professional associations representing | ||
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(A) school administrators; (B) principals; (C) school business officials; (D) teachers, including special education | ||
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(E) school boards; (F) school districts; (G) parents; and (H) school service personnel. (4) Regionally accredited institutions of higher | ||
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(5) Illinois public school districts, charter schools | ||
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(6) A not-for-profit organization that, as of | ||
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(7) State agencies, State boards, and State | ||
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(8) Museums as defined in Section 10 of the Museum | ||
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(h) Approved providers under subsection (g) of this Section shall make available professional development opportunities that satisfy at least one of the following: (1) increase the knowledge and skills of school and | ||
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(2) improve the learning of students; (3) organize adults into learning communities whose | ||
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(4) deepen educator's content knowledge; (5) provide educators with research-based | ||
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(6) prepare educators to appropriately use various | ||
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(7) use learning strategies appropriate to the | ||
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(8) provide educators with the knowledge and skills | ||
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(9) prepare educators to apply research to decision | ||
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(10) provide educators with training on inclusive | ||
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(11) beginning on July 1, 2022, provide educators | ||
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(i) Approved providers under subsection (g) of this Section shall do the following: (1) align professional development activities to the | ||
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(2) meet the professional development criteria for | ||
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(3) produce a rationale for the activity that | ||
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(4) maintain original documentation for completion of | ||
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(5) provide license holders with evidence of | ||
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(6) request an Illinois Educator Identification | ||
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(7) beginning on July 1, 2019, register annually with | ||
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(j) The State Board of Education shall conduct annual audits of a subset of approved providers, except for school districts, which shall be audited by regional offices of education and intermediate service centers. The State Board of Education shall ensure that each approved provider, except for a school district, is audited at least once every 5 years. The State Board of Education may conduct more frequent audits of providers if evidence suggests the requirements of this Section or administrative rules are not being met. (1) (Blank). (2) Approved providers shall comply with the | ||
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(A) educator and student growth in regards to | ||
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(B) educator and student social and emotional | ||
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(C) alignment to district or school improvement | ||
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(3) The State Superintendent of Education shall | ||
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(k) Registration fees shall be paid for the next renewal cycle between April 1 and June 30 in the last year of each 5-year renewal cycle using ELIS. If all required professional development hours for the renewal cycle have been completed and entered by the licensee, the licensee shall pay the registration fees for the next cycle using a form of credit or debit card. (l) Any professional educator licensee endorsed for school support personnel who is employed and performing services in Illinois public schools and who holds an active and current professional license issued by the Department of Financial and Professional Regulation or a national certification board, as approved by the State Board of Education, related to the endorsement areas on the Professional Educator License shall be deemed to have satisfied the continuing professional development requirements provided for in this Section. Such individuals shall be required to pay only registration fees to renew the Professional Educator License. An individual who does not hold a license issued by the Department of Financial and Professional Regulation shall complete professional development requirements for the renewal of a Professional Educator License provided for in this Section. (m) Appeals to the State Educator Preparation and Licensure Board
must be made within 30 days after receipt of notice from the State Superintendent of Education that a license will not be renewed based upon failure to complete the requirements of this Section. A licensee may appeal that decision to the State Educator Preparation and Licensure Board in a manner prescribed by rule. (1) Each appeal shall state the reasons why the State | ||
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(2) The State Educator Preparation and Licensure | ||
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(A) the regional superintendent of education's | ||
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(B) any evidence submitted to the State | ||
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(C) the State Superintendent's rationale for | ||
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(3) The State Educator Preparation and Licensure | ||
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(n) The State Board of Education may adopt rules as may be necessary to implement this Section.(Source: P.A. 102-676, eff. 12-3-21; 102-710, eff. 4-27-22; 102-730, eff. 5-6-22; 102-852, eff. 5-13-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/21B-50) (Text of Section from P.A. 103-111) Sec. 21B-50. Alternative Educator Licensure Program. (a) There is established an alternative educator licensure program, to be known as the Alternative Educator Licensure Program for Teachers. (b) The Alternative Educator Licensure Program for Teachers may be offered by a recognized institution approved to offer educator preparation programs by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The program shall be comprised of up to 3 phases: (1) A course of study that at a minimum includes | ||
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(2) A year of residency, which is a candidate's | ||
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(3) (Blank). (4) A comprehensive assessment of the candidate's | ||
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Successful completion of the program shall be deemed to satisfy any other practice or student teaching and content matter requirements established by law. (c) An alternative provisional educator endorsement on an Educator License with Stipulations is valid for up to 2 years of teaching in the public schools, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or in a State-recognized nonpublic school in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State, but may be renewed for a third year if needed to complete the Alternative Educator Licensure Program for Teachers. The endorsement shall be issued only once to an individual who meets all of the following requirements: (1) Has graduated from a regionally accredited | ||
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(2) (Blank). (3) Has completed a major in the content area if | ||
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(4) Has successfully completed phase (1) of | ||
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(5) Has passed a content area test required for the | ||
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A candidate possessing the alternative provisional educator endorsement may receive a salary, benefits, and any other terms of employment offered to teachers in the school who are members of an exclusive bargaining representative, if any, but a school is not required to provide these benefits during the years of residency if the candidate is serving only as a co-teacher. If the candidate is serving as the teacher of record, the candidate must receive a salary, benefits, and any other terms of employment. Residency experiences must not be counted towards tenure. (d) The recognized institution offering the Alternative Educator Licensure Program for Teachers must partner with a school district, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or a State-recognized, nonpublic school in this State in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State. A recognized institution that partners with a public school district administering a preschool educational program under Section 2-3.71 of this Code must require a principal to recommend or evaluate candidates in the program. A recognized institution that partners with an eligible entity administering a preschool educational program under Section 2-3.71 of this Code and that is not a public school district must require a principal or qualified equivalent of a principal to recommend or evaluate candidates in the program. The program presented for approval by the State Board of Education must demonstrate the supports that are to be provided to assist the provisional teacher during the 1-year or 2-year residency period and if the residency period is to be less than 2 years in length, assurances from the partner school districts to provide intensive mentoring and supports through at least the end of the second full year of teaching for educators who completed the Alternative Educators Licensure Program in less than 2 years. These supports must, at a minimum, provide additional contact hours with mentors during the first year of residency. (e) Upon completion of phases under paragraphs (1), (2), (4), and, if needed, (3) in subsection (b) of this Section and all assessments required under Section 21B-30 of this Code, an individual shall receive a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to establish and implement the Alternative Educator Licensure Program for Teachers.
(Source: P.A. 103-111, eff. 6-29-23.) (Text of Section from P.A. 103-488) Sec. 21B-50. Alternative Educator Licensure Program. (a) There is established an alternative educator licensure program, to be known as the Alternative Educator Licensure Program for Teachers. (b) The Alternative Educator Licensure Program for Teachers may be offered by a recognized institution approved to offer educator preparation programs by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The program shall be comprised of 4 phases: (1) A course of study that at a minimum includes | ||
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(2) A year of residency, which is a candidate's | ||
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(3) A second year of residency, which shall include | ||
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(4) A comprehensive assessment of the candidate's | ||
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Successful completion of the program shall be deemed to satisfy any other practice or student teaching and content matter requirements established by law. (c) An alternative provisional educator endorsement on an Educator License with Stipulations is valid for 2 years of teaching in the public schools, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or in a State-recognized nonpublic school in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State, but may be renewed for a third year if needed to complete the Alternative Educator Licensure Program for Teachers. The endorsement shall be issued only once to an individual who meets all of the following requirements: (1) Has graduated from a regionally accredited | ||
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(2) (Blank). (3) Has completed a major in the content area if | ||
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(4) Has successfully completed phase (1) of | ||
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(5) Has passed a content area test required for the | ||
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A candidate possessing the alternative provisional educator endorsement may receive a salary, benefits, and any other terms of employment offered to teachers in the school who are members of an exclusive bargaining representative, if any, but a school is not required to provide these benefits during the years of residency if the candidate is serving only as a co-teacher. If the candidate is serving as the teacher of record, the candidate must receive a salary, benefits, and any other terms of employment. Residency experiences must not be counted towards tenure. (d) The recognized institution offering the Alternative Educator Licensure Program for Teachers must partner with a school district, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or a State-recognized, nonpublic school in this State in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State. A recognized institution that partners with a public school district administering a preschool educational program under Section 2-3.71 of this Code must require a principal to recommend or evaluate candidates in the program. A recognized institution that partners with an eligible entity administering a preschool educational program under Section 2-3.71 of this Code and that is not a public school district must require a principal or qualified equivalent of a principal to recommend or evaluate candidates in the program. The program presented for approval by the State Board of Education must demonstrate the supports that are to be provided to assist the provisional teacher during the 2-year residency period. These supports must provide additional contact hours with mentors during the first year of residency. (e) Upon completion of the 4 phases outlined in subsection (b) of this Section and all assessments required under Section 21B-30 of this Code, an individual shall receive a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to establish and implement the Alternative Educator Licensure Program for Teachers.
(Source: P.A. 103-488, eff. 8-4-23.) |
(105 ILCS 5/21B-55) Sec. 21B-55. Alternative route to superintendent endorsement. (a) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may approve programs designed to provide an alternative route to superintendent endorsement on a Professional Educator License. (b) Entities offering an alternative route to superintendent endorsement program must have the program approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. (c) All programs approved under this Section shall be comprised of the following 3 phases: (1) A course of study offered on an intensive basis | ||
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(2) The person's assignment to a full-time position | ||
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(3) A comprehensive assessment of the person's | ||
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(d) In order to serve as a superintendent under phase (2) of subsection (c) of this Section, an individual must be issued an alternative provisional superintendent endorsement on an Educator License with Stipulations, to be valid for only one year of serving as a superintendent. In order to receive the provisional alternative superintendent endorsement under this Section, an individual must meet all of the following requirements: (1) Have graduated from a regionally accredited | ||
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(2) Have been employed for a period of at least 5 | ||
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(3) Have successfully completed phase (1) of | ||
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(4) Have passed a content area test for admission | ||
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(e) Successful completion of an alternative route to superintendent endorsement program shall be deemed to satisfy any other supervisory, administrative, or management experience requirements established by law, and, once completed, an individual shall be eligible for a superintendent endorsement on a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be needed to establish and implement these alternative route to superintendent endorsement programs.
(Source: P.A. 100-596, eff. 7-1-18; 101-220, eff. 8-7-19.) |
(105 ILCS 5/21B-60) Sec. 21B-60. Principal preparation programs. (a) It is the policy of this State that an essential element of improving student learning is supporting and employing highly effective school principals in leadership roles who improve teaching and learning and increase academic achievement and the development of all students. (b) No later than September 1, 2014, recognized institutions approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to offer principal preparation programs must do all of the following: (1) Meet the standards and requirements for such | ||
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(2) Prepare candidates to meet required standards for | ||
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(3) Include specific requirements for (i) the | ||
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(c) Candidates successfully completing a principal preparation program established pursuant to this Section shall obtain a principal endorsement on a Professional Educator License and are eligible to work as a principal or an assistant principal or in related or similar positions, as determined by the State Superintendent of Education, in consultation with the State Educator Preparation and Licensure Board. (d) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to implement and administer principal preparation programs under this Section.
(Source: P.A. 99-58, eff. 7-16-15.) |
(105 ILCS 5/21B-65) Sec. 21B-65. National Board for Professional Teaching Standards. Individuals holding certification issued by the National Board for Professional Teaching Standards shall be issued a National Board for Professional Teaching Standards designation on an existing Professional Educator License. The designation shall be issued automatically and added to an individual's Professional Educator License, and individuals need not submit an application. The National Board for Professional Teaching Standards designation must be issued only for the same validity period as the National Board for Professional Teaching Standards certification, and the designation must be removed from the Professional Educator License when the educator no longer holds the certification from the National Board for Professional Teaching Standards. Beginning on July 1, 2013, individuals holding an Illinois National Board for Professional Teaching Standards endorsement issued pursuant to the requirements of Section 21-2 of this Code must have a current certificate issued by the National Board for Professional Teaching Standards in order to maintain the Illinois National Board for Professional Teaching Standards endorsement. Any individual who, on or after July 1, 2012, has been issued a Master Certificate pursuant to Section 21-2 of this Code or a National Board for Professional Teaching Standards designation on a Professional Educator License pursuant to this Section may work as a teacher only in an area for which he or she holds the required Illinois endorsement. Any individual who, prior to June 30, 2012, has been issued an endorsement for a particular area on a Master Certificate may work as a teacher in that area even without having been issued the required Illinois endorsement.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-70) (Text of Section from P.A. 103-122) Sec. 21B-70. Illinois Teaching Excellence Program. (a) As used in this Section: "Diverse candidate" means a candidate who identifies with any of the ethnicities reported on the Illinois Report Card other than White. "National Board certified teacher candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting all other candidate cohorts other than diverse candidate cohorts through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting racially and ethnically diverse candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse liaison" means an individual or entity that supports the National Board certified teacher leading a diverse candidate cohort. "National Board certified teacher liaison" means an individual or entity that supports the National Board certified teacher leading candidate cohorts other than diverse candidate cohorts. "National Board certified teacher rural or remote or distant candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting rural or remote candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher rural or remote or distant liaison" means an individual or entity that supports the National Board certified teacher leading a rural or remote candidate cohort. "Qualified educator" means a teacher or school counselor currently employed in a school district who is in the process of obtaining certification through the National Board for Professional Teaching Standards or who has completed certification and holds a current Professional Educator License with a National Board for Professional Teaching Standards designation or a retired teacher or school counselor who holds a Professional Educator License with a National Board for Professional Teaching Standards designation. "Rural or remote" or "rural or remote or distant" means local codes 32, 33, 41, 42, and 43 of the New Urban-Centric Locale Codes, as defined by the National Center for Education Statistics. "Tier 1" has the meaning given to that term under Section 18-8.15. "Tier 2" has the meaning given to that term under Section 18-8.15. (b) Any funds appropriated for the Illinois Teaching Excellence Program must be used to provide monetary assistance and incentives for qualified educators who are employed by or retired from school districts and who have or are in the process of obtaining licensure through the National Board for Professional Teaching Standards. The goal of the program is to improve instruction and student performance. The State Board of Education shall allocate an amount as annually appropriated by the General Assembly for the Illinois Teaching Excellence Program for (i) application or re-take fees for each qualified educator seeking to complete certification through the National Board for Professional Teaching Standards, to be paid directly to the National Board for Professional Teaching Standards, and (ii) incentives under paragraphs (1), (2), and (3) of subsection (c) for each qualified educator, to be distributed to the respective school district, and incentives under paragraph (5) of subsection (c), to be distributed to the respective school district or directly to the qualified educator. The school district shall distribute this payment to each eligible teacher or school counselor as a single payment. The State Board of Education's annual budget must set out by separate line item the appropriation for the program. Unless otherwise provided by appropriation, qualified educators are eligible for monetary assistance and incentives outlined in subsections (c) and (d) of this Section. (c) When there are adequate funds available, monetary assistance and incentives shall include the following: (1) A maximum of $2,000 towards the application or | ||
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(2) A maximum of $2,000 towards the application or | ||
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(3) A maximum of $1,000 towards the National Board | ||
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(4) (Blank). (5) An annual incentive of no more than $2,250 | ||
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(A) National Board for Professional Teaching | ||
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(B) National Board for Professional Teaching | ||
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(C) National Board for Professional Teaching | ||
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(D) (Blank).
Funds may also be used for professional development training provided by the National Board Resource Center. Funds may also be used for instructional leadership training for qualified educators interested in supporting implementation of the Illinois Learning Standards or teaching and learning priorities of the State Board of Education or both. (d) In addition to the monetary assistance and incentives provided under subsection (c), if adequate funds are available, incentives shall include the following incentives for the program in rural or remote schools or school districts or for programs working with diverse candidates, to be distributed to the respective school district or directly to the qualified educator or entity: (1) A one-time incentive of $3,000 payable to | ||
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(2) An annual incentive of $3,200 for National Board | ||
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(3) An annual incentive of $2,500 for National Board | ||
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(Source: P.A. 103-122, eff. 6-30-23.) (Text of Section from P.A. 103-207) Sec. 21B-70. Illinois Teaching Excellence Program. (a) As used in this Section: "Diverse candidate" means a candidate who identifies with any of the ethnicities reported on the Illinois Report Card other than White. "Hard-to-staff school" means a public school in which no less than 30% of the student enrollment is considered low-income as reported by the report card under Section 10-17a of this Code. "National Board certified teacher candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting all other candidate cohorts other than diverse candidate cohorts through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting racially and ethnically diverse candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse liaison" means an individual or entity that supports the National Board certified teacher leading a diverse candidate cohort. "National Board certified teacher liaison" means an individual or entity that supports the National Board certified teacher leading candidate cohorts other than diverse candidate cohorts. "National Board certified teacher rural or remote or distant candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting rural or remote candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher rural or remote or distant liaison" means an individual or entity that supports the National Board certified teacher leading a rural or remote candidate cohort. "Qualified educator" means a teacher or school counselor currently employed in a school district who is in the process of obtaining certification through the National Board for Professional Teaching Standards or who has completed certification and holds a current Professional Educator License with a National Board for Professional Teaching Standards designation or a retired teacher or school counselor who holds a Professional Educator License with a National Board for Professional Teaching Standards designation. "Rural or remote" or "rural or remote or distant" means local codes 32, 33, 41, 42, and 43 of the New Urban-Centric Locale Codes, as defined by the National Center for Education Statistics. "Tier 1" has the meaning given to that term under Section 18-8.15. "Tier 2" has the meaning given to that term under Section 18-8.15. (b) Any funds appropriated for the Illinois Teaching Excellence Program must be used to provide monetary assistance and incentives for qualified educators who are employed by or retired from school districts and who have or are in the process of obtaining licensure through the National Board for Professional Teaching Standards. The goal of the program is to improve instruction and student performance. The State Board of Education shall allocate an amount as annually appropriated by the General Assembly for the Illinois Teaching Excellence Program for (i) application or re-take fees for each qualified educator seeking to complete certification through the National Board for Professional Teaching Standards, to be paid directly to the National Board for Professional Teaching Standards, and (ii) incentives under paragraphs (1), (2), and (3) of subsection (c) for each qualified educator, to be distributed to the respective school district, and incentives under paragraph (5) of subsection (c), to be distributed to the respective school district or directly to the qualified educator. The school district shall distribute this payment to each eligible teacher or school counselor as a single payment. The State Board of Education's annual budget must set out by separate line item the appropriation for the program. Unless otherwise provided by appropriation, qualified educators are eligible for monetary assistance and incentives outlined in subsections (c) and (d) of this Section. (c) When there are adequate funds available, monetary assistance and incentives shall include the following: (1) A maximum of $2,000 towards the application or | ||
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(2) A maximum of $2,000 towards the application or | ||
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(3) A maximum of $1,000 towards the National Board | ||
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(4) (Blank). (5) An annual incentive of no more than $1,500 | ||
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(A) National Board for Professional Teaching | ||
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(B) National Board for Professional Teaching | ||
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(C) National Board for Professional Teaching | ||
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(D) (Blank).
Funds may also be used for instructional leadership training for qualified educators interested in supporting implementation of the Illinois Learning Standards or teaching and learning priorities of the State Board of Education or both. (d) In addition to the monetary assistance and incentives provided under subsection (c), if adequate funds are available, incentives shall include the following incentives for the program in rural or remote schools or school districts or for programs working with diverse candidates or for retention bonuses for hard to staff schools, to be distributed to the respective school district or directly to the qualified educator or entity: (1) A one-time incentive of $3,000 payable to | ||
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(2) An annual incentive of $3,200 for National Board | ||
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(3) An annual incentive of $2,500 for National Board | ||
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(4) An annual retention bonus of $4,000 per year for | ||
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(Source: P.A. 103-207, eff. 1-1-24.) |
(105 ILCS 5/21B-75) Sec. 21B-75. Suspension or revocation of license, endorsement, or approval. (a) As used in this Section, "teacher" means any school district employee regularly required to be licensed, as provided in this Article, in order to teach or supervise in the public schools. (b) The State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to initiate the suspension of up to 5 calendar years or revocation of any license, endorsement, or approval issued pursuant to this Article for abuse or neglect of a child, sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code, immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct (which includes the failure to disclose on an employment application any previous conviction for a sex offense, as defined in Section 21B-80 of this Code, or any other offense committed in any other state or against the laws of the United States that, if committed in this State, would be punishable as a sex offense, as defined in Section 21B-80 of this Code), the neglect of any professional duty, willful or negligent failure to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act, or other just cause. Negligent failure to report an instance of suspected child abuse or neglect occurs when a teacher personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. Unprofessional conduct shall include the refusal to attend or participate in institutes, teachers' meetings, or professional readings or to meet other reasonable requirements of the regional superintendent of schools or State Superintendent of Education. Unprofessional conduct also includes conduct that violates the standards, ethics, or rules applicable to the security, administration, monitoring, or scoring of or the reporting of scores from any assessment test or examination administered under Section 2-3.64a-5 of this Code or that is known or intended to produce or report manipulated or artificial, rather than actual, assessment or achievement results or gains from the administration of those tests or examinations. Unprofessional conduct shall also include neglect or unnecessary delay in the making of statistical and other reports required by school officers. Incompetency shall include, without limitation, 2 or more school terms of service for which the license holder has received an unsatisfactory rating on a performance evaluation conducted pursuant to Article 24A of this Code within a period of 7 school terms of service. In determining whether to initiate action against one or more licenses based on incompetency and the recommended sanction for such action, the State Superintendent shall consider factors that include without limitation all of the following: (1) Whether the unsatisfactory evaluation ratings | ||
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(2) Whether the unsatisfactory evaluation ratings | ||
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(3) Whether the evaluator or evaluators who performed | ||
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(4) The time between the unsatisfactory evaluation | ||
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(5) The quality of the remediation plans associated | ||
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(6) Whether the unsatisfactory evaluation ratings | ||
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(7) Whether one or more of the unsatisfactory | ||
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When initiating an action against one or more licenses, the State Superintendent may seek required professional development as a sanction in lieu of or in addition to suspension or revocation. Any such required professional development must be at the expense of the license holder, who may use, if available and applicable to the requirements established by administrative or court order, training, coursework, or other professional development funds in accordance with the terms of an applicable collective bargaining agreement entered into after June 13, 2011 (the effective date of Public Act 97-8), unless that agreement specifically precludes use of funds for such purpose. (c) The State Superintendent of Education shall, upon receipt of evidence of abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency (subject to subsection (b) of this Section), unprofessional conduct, the neglect of any professional duty, or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension, revocation, or other sanction; provided that the State Superintendent is under no obligation to initiate such an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination, as required under Section 7.12 of the Abused and Neglected Child Reporting Act. If the State Superintendent of Education does not receive from an individual a request for a hearing within 10 days after the individual receives notice, the suspension, revocation, or other sanction shall immediately take effect in accordance with the notice. If a hearing is requested within 10 days after notice of an opportunity for hearing, it shall act as a stay of proceedings until the State Educator Preparation and Licensure Board issues a decision. Any hearing shall take place in the educational service region where the educator is or was last employed and in accordance with rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and such rules shall include without limitation provisions for discovery and the sharing of information between parties prior to the hearing. The standard of proof for any administrative hearing held pursuant to this Section shall be by the preponderance of the evidence. The decision of the State Educator Preparation and Licensure Board is a final administrative decision and is subject to judicial review by appeal of either party. The State Board of Education may refuse to issue or may suspend the license of any person who fails to file a return or to pay the tax, penalty, or interest shown in a filed return or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied. The exclusive authority of the State Superintendent of Education to initiate suspension or revocation of a license pursuant to this Section does not preclude a regional superintendent of schools from cooperating with the State Superintendent or a State's Attorney with respect to an investigation of alleged misconduct. (d) The State Superintendent of Education or his or her designee may initiate and conduct such investigations as may be reasonably necessary to establish the existence of any alleged misconduct. At any stage of the investigation, the State Superintendent may issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced. The license holder is not entitled to be present, but the State Superintendent shall provide the license holder with a copy of any recorded testimony prior to a hearing under this Section. Such recorded testimony must not be used as evidence at a hearing, unless the license holder has adequate notice of the testimony and the opportunity to cross-examine the witness. Failure of a license holder to comply with a duly issued, investigatory subpoena may be grounds for revocation, suspension, or denial of a license. (e) All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this Section is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to this Article, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise required in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. (f) The State Superintendent of Education or a person designated by him or her shall have the power to administer oaths to witnesses at any hearing conducted before the State Educator Preparation and Licensure Board pursuant to this Section. The State Superintendent of Education or a person designated by him or her is authorized to subpoena and bring before the State Educator Preparation and Licensure Board any person in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. (g) Any circuit court, upon the application of the State Superintendent of Education or the license holder, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers as part of any investigation or at any hearing the State Educator Preparation and Licensure Board is authorized to conduct pursuant to this Section, and the court may compel obedience to its orders by proceedings for contempt. (h) The State Board of Education shall receive an annual line item appropriation to cover fees associated with the investigation and prosecution of alleged educator misconduct and hearings related thereto.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23.) |
(105 ILCS 5/21B-80) Sec. 21B-80. Conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license. (a) As used in this Section: "Drug offense" means any one or more of the following offenses: (1) Any offense defined in the Cannabis Control Act, | ||
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(2) Any offense defined in the Illinois Controlled | ||
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(3) Any offense defined in the Methamphetamine | ||
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(4) Any attempt to commit any of the offenses listed | ||
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(5) Any offense committed or attempted in any other | ||
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The changes made by Public Act 96-431 to this definition are declaratory of existing law. "Sentence" includes any period of supervised release or probation that was imposed either alone or in combination with a period of incarceration. "Sex or other offense" means any one or more of the following offenses: (A) Any offense defined in Article 9 of the Criminal | ||
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(B) Any attempt to commit any of the offenses listed | ||
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(C) Any offense committed or attempted in any other | ||
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(b) Whenever the holder of any license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been convicted of any drug offense, other than as provided in subsection (c) of this Section, the State Superintendent of Education shall forthwith suspend the license or deny the application, whichever is applicable, until 7 years following the end of the sentence for the criminal offense. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him or her are dismissed, the State Superintendent of Education shall forthwith terminate the suspension of the license. (b-5) Whenever the holder of a license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been charged with attempting to commit, conspiring to commit, soliciting, or committing any sex or other offense, as enumerated under item (A) of subsection (a), first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. If the person is acquitted, his or her license or application shall be immediately reinstated. (c) Whenever the holder of a license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been convicted of attempting to commit, conspiring to commit, soliciting, or committing any sex or other offense, as enumerated under item (A) of subsection (a), first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses, the State Superintendent of Education shall forthwith suspend the license or deny the application, whichever is applicable. If the conviction is reversed and the holder is acquitted of that offense in a new trial or the charges that he or she committed that offense are dismissed, the State Superintendent of Education shall forthwith terminate the suspension of the license. When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the license.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.) |
(105 ILCS 5/21B-85) Sec. 21B-85. Conviction of felony. (a) Whenever the holder of any license issued under this Article is employed by the school board of a school district, including a special charter district or a school district organized under Article 34 of this Code, and is convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify the State Superintendent of Education, in writing, of the name of the license holder, the fact of the conviction, and the name and location of the court in which the conviction occurred. (b) Whenever the school board of a school district, including a special charter district or a school district organized under Article 34 of this Code, learns that any person who is a teacher, as that term is defined in Section 16-106 of the Illinois Pension Code, has been convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify, in writing, the board of trustees of the Teachers' Retirement System of the State of Illinois and the board of trustees of the Public School Teachers' Pension and Retirement Fund of the City of Chicago of the name of the license holder, the fact of the conviction, the name and location of the court in which the conviction occurred, and the number assigned in that court to the case in which the conviction occurred.
(Source: P.A. 102-552, eff. 1-1-22; 103-51, eff. 1-1-24.) |
(105 ILCS 5/21B-90) Sec. 21B-90. Administrative Review Law. In this Section, "administrative decision" has the meaning ascribed to that term in Section 3-101 of the Code of Civil Procedure. The provisions of the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law shall apply to and govern all proceedings instituted for the judicial review of final administrative decisions of the State Board of Education, the State Educator Preparation and Licensure Board, and the regional superintendent of schools under this Article. The commencement of any action for review shall operate as a stay of enforcement, and no action based on any decision of the State Board of Education, the State Educator Preparation and Licensure Board, or the regional superintendent of schools shall be taken pending final disposition of the review.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-95) Sec. 21B-95. Denial of recommendation for licensure. Each college or university providing an educator preparation program approved and recognized pursuant to the provisions of this Article shall establish procedures and standards to ensure that no student is denied the opportunity to receive an institutional recommendation for licensure or entitlement for reasons that are not directly related to the candidate's anticipated performance as a licensed educator. These standards and procedures shall include the specific criteria used by the institution for admission, retention, and recommendation or entitlement for licensure; periodic evaluations of the candidate's progress towards an institutional recommendation; counseling and other supportive services to correct any deficiencies that are considered remedial; and provisions to ensure that no person is discriminated against on the basis of race, color, national origin, or a disability unrelated to the person's ability to perform as a licensed educator. Each institution shall also establish a grievance procedure for those candidates who are denied the institutional recommendation or entitlement for licensure. Within 10 days after notification of such a denial, the college or university shall notify the candidate, in writing, of the reasons for the denial of recommendation for licensure. Within 30 days after notification of the denial, the candidate may request the college or university to review the denial.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-100) Sec. 21B-100. Licensure officers at higher education institutions. Licensure officers at higher education institutions shall adhere to this Code and any administrative rules adopted to implement this Code when entitling candidates for licensure or when adding endorsements. Violations of this Code or implementing rules regarding the entitlement of candidates by a licensure officer shall place the employing institution's educator preparation program in jeopardy, specifically regarding the institution's right to offer programs and recommend or entitle candidates for licensure. Licensure officers are required to attend training conducted by the State Superintendent of Education and review new legislation and administrative rules as such become available. The State Superintendent of Education shall communicate any policy changes to licensure officers when such changes occur.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-105) Sec. 21B-105. Granting of recognition; regional accreditation; definitions. (a) "Recognized", as used in this Article in connection with the word "school" or "institution", means such college, university, or for-profit or not-for-profit entity that meets requirements set by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. Application for recognition of the school or institution as an educator preparation institution must be made to the State Board of Education. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall set the criteria by which the school or institution is to be judged and, through the secretary of the State Board, arrange for an official inspection and shall grant recognition of such school or institution as may meet the required standards. If the standards include requirements with regard to education in acquiring skills in working with culturally distinctive students, as defined by the State Board of Education, then the rules of the State Board of Education shall include the criteria used to evaluate compliance with this requirement. No school or institution may make assignments of student teachers or teachers for practice teaching so as to promote segregation on the basis of race, creed, color, religion, sex, or national origin. Any for-profit or not-for-profit entity must also be approved by the Board of Higher Education. All recommendations or entitlements for educator licensure shall be made by a recognized institution operating a program of preparation for the license that is approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall have the power to define a major or minor when used as a basis for recognition and licensure purposes. (b) "Regionally accredited", or "accredited", as used in this Article in connection with a university or institution, means an institution of higher education accredited by the North Central Association or other comparable regional accrediting association.
(Source: P.A. 100-596, eff. 7-1-18.) |
(105 ILCS 5/21B-110) Sec. 21B-110. Public health emergency declaration. (a) This Section applies only during any time in which the Governor has declared a public health emergency under Section 7 of the Illinois Emergency Management Agency Act. (b) Notwithstanding any other requirements under this Article, the requirements under subsection (f) of Section 21B-30 are waived for an applicant seeking an educator license. (c) Notwithstanding any other requirements under this Article, during the implementation of remote learning days under Section 10-30, a candidate seeking an educator license may: (1) complete his or her required student teaching or | ||
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(2) complete his or her required school business | ||
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(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/21B-115) Sec. 21B-115. Spring 2020 student teaching or internship. Notwithstanding any other requirements under this Article, for the spring 2020 semester only, a candidate's requirement to complete student teaching or its equivalent or a school business management internship is waived.
(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/21B-200)
Sec. 21B-200. (Repealed).
(Source: P.A. 98-860, eff. 1-1-15. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/Art. 22 heading) ARTICLE 22.
GENERAL PROVISIONS--PENALTIES--LIABILITIES
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(105 ILCS 5/22-1) (from Ch. 122, par. 22-1)
Sec. 22-1.
Trustees and similar officers-No pecuniary compensation.
Trustees of schools, school directors or other school officers
performing like duties shall receive no pecuniary compensation.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-2) (from Ch. 122, par. 22-2)
Sec. 22-2.
Cost
of official bonds.
Every school district shall be subject to the provisions of "An Act
relating to the payment of the cost of corporate suretyship and indemnity
upon official bonds", approved June 7, 1897, as amended.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-3) (from Ch. 122, par. 22-3)
Sec. 22-3.
Enforcement of judgments - Service of process - Costs.
If judgment is obtained against any county board of school trustees,
trustees of schools or school board, the party entitled to the benefit
of the judgment may have enforcement thereof as
follows: the court in
which the judgment is entered or to which it may be removed by
transcript from the circuit court shall enter an order commanding the
directors, trustees and school treasurer to cause
the amount thereof with interest and costs to be paid to the party
entitled to the benefit of the judgment, out of any moneys of the
township or district unappropriated, or if there are no such moneys, out
of the first moneys applicable to the payment of the kind of services or
indebtedness for which the judgment is entered which shall be received
for the use of the township or district. The court may enforce
obedience to such order by body attachment or by mandamus,
requiring such
board to levy a tax for the payment of the judgment. All judicial
processes to enforce payment, shall be served either
on the president or the clerk of the board.
No official shall charge any costs in any action in which any school
officer, school corporation or any agent of any school fund, suing for
the recovery thereof, or any interest due thereon, is plaintiff, and is
unsuccessful in the action; nor in case the costs cannot be recovered from
the defendant by reason of his or her insolvency.
(Source: P.A. 83-346.)
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(105 ILCS 5/22-4)
Sec. 22-4. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-5) (from Ch. 122, par. 22-5)
Sec. 22-5.
Interest of officers or teachers in books, apparatus or
furniture.
No State, county, township, or district school officer or teacher
shall be interested in the sale, proceeds or profits of any book,
apparatus or furniture used or to be used in any school with which such
officer or teacher may be connected, except when the interest of the
teacher is based upon authorship or development of instructional
materials listed with the State Board of Education in compliance with
the provisions of Article 28 of this Act
and adopted for use by a school board subject to Section 10-20.8 of this
Act. Each teacher having an interest in instructional materials shall
file an annual statement so certifying with the secretary of the board
of the school district which employs him. Any such officer or teacher
who violates the provisions of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 81-1508.)
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(105 ILCS 5/22-6) (from Ch. 122, par. 22-6)
Sec. 22-6.
Conversion of funds by officers.
If any county superintendent, trustee of schools, township treasurer,
director or other person entrusted with the care, control, management or
disposition of any school, college, seminary or township fund for the use
of any county, township, district or school converts such funds, or any
part thereof, to his own use he shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-6.5)
Sec. 22-6.5.
False statement or material omission; Class A misdemeanor.
Any
person who applies for employment as a teacher, principal, superintendent, or
other certificated employee of a school board of any school district, including
a special charter district and a district organized under Article 34 of the
School Code, who willfully makes a false statement on his or her application
for
employment, material to his or her qualifications for employment, which he or
she does not believe to be true, shall be guilty of a Class A misdemeanor.
If a person's employment history or current or prior employers are required
to be furnished on an application for
employment, a person who makes a statement which he or she does not believe
to be true or who knowingly omits or fails to include any employment history or
employer required to be furnished on the application which is material to his
or her qualifications for employment shall be deemed to have made a false
statement on his or her application within the meaning of this Section.
Each application for employment for a certificated position used by a school
district shall state that failure to provide requested employment or employer
history which is material to the applicant's qualifications for employment or
the provision of statements which the applicant does not believe to be true may
be a Class A misdemeanor.
(Source: P.A. 88-102.)
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(105 ILCS 5/22-7) (from Ch. 122, par. 22-7)
Sec. 22-7.
Liability for loss of funds.
County superintendents, trustees of schools, township treasurers and
directors, or either of them, or any other officer having charge of school
funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund by reason of any failure on his or
their part to perform the duties required of him or them by this Act or
by any rule authorized to be made by this
Act, and each of such officers shall be liable for any such loss sustained,
the amount of which may be recovered in a civil action brought in the circuit
court, at the suit of the State of Illinois, for the
use of the county, township or fund injured. The amount of the judgment
obtained in such suit shall, when collected, be paid to the proper officer
for the benefit of the county, township or fund injured.
(Source: P.A. 79-1366.)
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(105 ILCS 5/22-8) (from Ch. 122, par. 22-8)
Sec. 22-8.
Failure of officers to discharge duties.
If any county superintendent, trustee, director, or other officer
negligently or wilfully fails or refuses to make, furnish or communicate
statistics and information, or fails to discharge any other duties enjoined
upon him, at the time and in the manner required by this Act, he shall be
guilty of a petty offense and shall be liable to a fine of not less than
$25, to be recovered before any circuit court at the suit of any person on
complaint in the name of the People of the State of Illinois, and when
collected the fine shall be paid to the county superintendent of schools.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-9)
Sec. 22-9. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-10) (from Ch. 122, par. 22-10)
Sec. 22-10.
Payments and grants in aid of church or sectarian purpose.
No county, city, town, township, school district or other public
corporation shall make any appropriation, or pay from any school fund
anything in aid of any church or sectarian purpose or to support or sustain
any school, academy, seminary, college, university or other literary or
scientific institution controlled by any church or sectarian denomination;
nor shall any grant or donation of money or other personal property be made
by any such corporation to any church or for any sectarian purpose. Any
officer or other person having under his charge or direction school funds
or property who perverts the same in the manner forbidden in this section
shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-11) (from Ch. 122, par. 22-11)
Sec. 22-11.
Exclusion of children on account of color.
Any school officer or other person who excludes or aids in excluding
from the public schools, on account of color, any child who is entitled to
the benefits of such school shall be guilty of a petty offense and shall be
fined not less than $5 nor more than $100.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-12) (from Ch. 122, par. 22-12)
Sec. 22-12.
Preventing or interfering with a child's attendance at school.
Whoever by threat, menace, or intimidation prevents any child
entitled to attend a public or nonpublic school in this State from
attending such
school or interferes with any such child's attendance at that school shall
be guilty of a Class A misdemeanor.
(Source: P.A. 92-96, eff. 1-1-02.)
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(105 ILCS 5/22-13) (from Ch. 122, par. 22-13)
Sec. 22-13.
Use
of Illinois mined coal.
School boards shall comply with the provisions of "An Act concerning the
use of Illinois mined coal in certain plants and institutions", filed July
13, 1937, as amended.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-14) (from Ch. 122, par. 22-14)
Sec. 22-14.
Scholastic records of discontinued districts.
If any school district is discontinued under this Act and is not made a
distinct part of another school district that makes arrangements to safely
keep all scholastic records of the former pupils of the discontinued
district, the last governing authorities of the discontinued district shall
turn over all scholastic records of its former pupils to the county
superintendent of schools of the county in which the school building of the
district is located; and such county superintendent of schools shall take
possession of and arrange for the safekeeping of such records for the
purpose of reference by said former pupils.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-15) (from Ch. 122, par. 22-15)
Sec. 22-15. Insurance on athletes.
(a) In this Section, "IHSA" means the Illinois High School Association. (b) A public school district maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation.
Any public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. Non-public schools maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic tournaments sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic tournament as well as during a temporary stay at the location of an athletic tournament held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation. Any non-public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. (c) The IHSA has the exclusive authority to promulgate a plan of coverage necessary to ensure compliance with this Section. The IHSA shall provide a group policy providing the coverage necessary to comply with this Section. Public school districts and non-public schools may purchase the coverage necessary to comply with this Section by participating in the group policy. Alternatively, public school districts or non-public schools that do not participate in the group policy may obtain the coverage necessary to comply with this Section from other coverage providers, but must submit to the IHSA, 60 days before the coverage inception, a certificate of insurance from the coverage provider stating that the insurance provided by the coverage provider is in compliance with the plan of coverage approved by the IHSA. A public school district that manages schools located within a city of over 500,000 inhabitants may provide the catastrophic accident insurance coverage required by this Section through a program of self-insurance, and the public school district must submit to the IHSA, 60 days before coverage inception, proof that the program is in compliance with the plan of coverage. (d) A public school district maintaining grades kindergarten through 8 may provide
medical or hospital service, or both, through accident and health insurance
on a group or individual basis, or through non-profit hospital service
corporations or medical service plan corporations or both, for pupils of
the district in grades kindergarten through 8 injured while participating in any athletic activity under the
jurisdiction of or sponsored or controlled by the district or the
authorities of any school thereof. The cost of such insurance or of
subscriptions to such non-profit corporations, when paid from the funds of
the district, shall, to the extent such moneys are sufficient, be paid from
moneys derived from athletic activities. To the extent that moneys derived
from athletic activities are insufficient, such cost may be paid from the
educational fund of the district. Such insurance may be purchased from or such subscriptions may be taken
in only such companies or corporations as are authorized to do business in
Illinois.
(Source: P.A. 98-166, eff. 8-5-13.)
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(105 ILCS 5/22-16) (from Ch. 122, par. 22-16)
Sec. 22-16.
Acquisition of land outside school district.
Whenever, in the opinion of the corporate authority of any school
district, a lot or parcel of land situated not more than 2 miles outside
of said school district or in the case of a building project under
authority of Section 10-22.31b of this Act, within the boundaries of
the joint agreement area or within 2 miles of the boundaries of any school
district which is a party to the joint agreement, may be required for such
school purposes,
title to such lot or parcel of land may be acquired by such school
district by purchase or in the manner provided by law for the exercise
of the right of eminent domain.
(Source: P.A. 80-270.)
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(105 ILCS 5/22-17) (from Ch. 122, par. 22-17)
Sec. 22-17.
Leasing property from building commission.
In addition to other powers and authority now possessed by it, the
corporate authority of any school district, including any special charter
district, shall have power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative or
educational functions for a period of time not exceeding 40 years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease; and
(3) To enter into such lease without making a previous appropriation or
provision in the budget for the expense thereby incurred.
(Source: P.A. 77-1351.)
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(105 ILCS 5/22-18) (from Ch. 122, par. 22-18)
Sec. 22-18.
Apportionment of assets in district without property.
Whenever there is no property within a school district subject to
taxation for ordinary operating purposes, the county clerk shall so notify
the trustees of the township or townships or county board of school
trustees wherein the school district is located who shall apportion the
assets of such district among the remaining school districts of such
township or townships in proportion to the last preceding apportionment
from the common school fund to such townships and shall notify the school
treasurer to note such apportionment in the proper account of each
district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-19) (from Ch. 122, par. 22-19)
Sec. 22-19.
Upon the filing of a complaint with the State Board of Education,
executed in duplicate and subscribed with the names
and addresses of at least 50 residents of a school district or 10% of
the residents, whichever is less, alleging that any pupil
has been excluded from or segregated in any school on account of his or
her color, race, nationality, sex, religion or religious affiliation, or that
any employee of
or applicant for employment or assignment with any such school district
has been questioned concerning his or her color, race, nationality, sex,
religion or religious affiliation or subjected to discrimination by reason thereof,
by or on behalf of the school board of such district, the State Board of
Education shall promptly mail a copy of such complaint to
the secretary or clerk of such school board.
The State Board of Education
shall fix a date, not less than 20 nor more than 30 days from the date of
the filing of such complaint, for a hearing upon the allegations therein.
The State Board of Education may also fix a date for a hearing whenever
it has reason to believe that such discrimination may exist in any school
district. Reasonable notice of the time and place of such hearing shall
be mailed to the secretary or
clerk of the school board and to the first signatory
to such complaint.
The State Board of Education may designate an assistant to conduct such
hearing and receive testimony concerning the situation complained of. The
complainants may be represented at such hearing by one of their number or
by counsel. Each party shall have the privilege of cross examining witnesses.
The State Board of Education or the hearing officer appointed by it shall
have the power to subpoena witnesses, compel their attendance, and require
the production of
evidence relating to any relevant matter under this Act. Any circuit
court of this State, upon the application of the
State Board of Education or the hearing officer appointed by
it, may, in its or his or her discretion, compel the attendance of witnesses,
the production of books, papers, records or memoranda and the giving of
testimony before the State Board of Education or the hearing
officer appointed by it conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court. The State Board of Education or the
hearing officer appointed by it may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda. All testimony shall be taken under oath
administered by the hearing officer, but the formal rules pertaining to
evidence in judicial proceedings shall not apply. The State Board of Education
shall provide a competent reporter to record
all testimony. Either party desiring a transcript of the hearing shall
pay for the cost of such transcript. A continuance may be granted
provided both parties agree. The hearing officer shall report a summary
of the testimony within 60 days after the hearing commences, unless a
continuance is granted, to the State Board of Education who
shall determine whether the allegations of the complaint are
substantially correct. If a continuance is granted, the summary of
testimony shall be reported to the State Board of Education
within 60 days after the hearing recommences. The State Board of Education
shall notify both parties of its decision within 30
days after it receives a summary of the testimony from the hearing
officer. If the State Board of Education determines that a violation exists,
it shall request the Attorney General to apply to the appropriate circuit
court for such injunctive or other relief as may be necessary to rectify the practice
complained of.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the
judicial review of any final decision rendered by the State Board of Education
pursuant to this Section.
(Source: P.A. 84-126.)
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(105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
Sec. 22-20.
All courts and law enforcement agencies of the State of
Illinois and its political subdivisions shall report to the principal of
any public school in this State whenever a child enrolled therein is
detained for proceedings under the Juvenile Court Act of 1987, as heretofore
and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a
municipal or county ordinance. The report shall include the basis for
detaining the child, circumstances surrounding the events which led to the
child's detention, and status of proceedings. The report shall be updated as
appropriate to notify the principal of developments and the disposition of the
matter.
The information derived thereby shall be kept separate from and shall
not become a part of the official school record of such child and shall not
be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation
of the child and to protect the safety of students and employees in the
school.
(Source: P.A. 97-1104, eff. 1-1-13; 98-59, eff. 1-1-14.)
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(105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
Sec. 22-21.
Elections-Use of school buildings.
(a) Every school board shall offer to the appropriate officer or board
having responsibility for providing polling places for elections the use of
any and all buildings under its jurisdiction for any and all elections to
be held, if so requested by such appropriate officer or board.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a public or private
school
and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private school building with 2 or more
floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private school building with 2 or more floors and the polling room is located
on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
Notwithstanding any other provision of this Code, the area on polling place
property beyond the campaign free zone,
whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are open on an election day.
(Source: P.A. 93-574, eff. 8-21-03.)
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(105 ILCS 5/22-22) (from Ch. 122, par. 22-22)
Sec. 22-22.
Secondary Education.
The term "secondary education"
means the curriculum offered by a school district or an attendance center
or centers serving grades 9 through 12 or grades 10 through 12.
(Source: P.A. 84-814.)
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(105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
Sec. 22-23.
Sprinkler systems.
(a) The provisions of this Section apply to the school board, board of
education, board of school directors, board of school inspectors or other
governing body of each school district in this State, including special
charter districts and districts organized under Article 34.
(b) As used in this Section, the term "school construction" means (1)
the construction of a new school building, or addition to an existing
building, within any period of 30 months, having 7,200 or more square feet, and (2) any alteration, as defined in 71 Illinois
Administrative Code, Section 400.210, within any period of 30 months,
affecting one or more areas of a school building
which cumulatively are equal to 50% or more of the square footage of the
school building.
(c) New areas or uses of buildings not required to be sprinklered under
this Section shall be protected with the installation of an automatic fire
detection system.
(d) Notwithstanding any other provisions of this Act, no school
construction shall be commenced in any school district on or after the
effective date of this amendatory Act of 1991 unless sprinkler systems are
required by, and are installed in accordance with
approved plans and specifications in the school building, addition or
project areas which constitute school construction as defined in subsection
(b). Plans and specifications shall comply with rules and regulations
established by the State Board of Education, and such rules and regulations
shall be consistent so far as practicable with nationally recognized
standards such as those established by the National Fire Protection
Association.
(Source: P.A. 90-566, eff. 1-2-98.)
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(105 ILCS 5/22-24) (from Ch. 122, par. 22-24)
Sec. 22-24.
IHSA Liaison.
To facilitate communication and coordination
between the General Assembly and the Illinois High School Association on
matters relative to the continuing development of interscholastic athletic
and activity participation among secondary school students in Illinois, the
Governor shall appoint, from the membership of the General Assembly,
liaison representatives to meet with the Board of Directors of the Illinois
High School Association at regular meetings of that Board. The Governor
shall appoint one member from each chamber of the General Assembly to serve
as a liaison representative and one member from each chamber to serve as the
liaison representative's alternate. The 2 liaison representatives shall not
be members of the same political party, nor shall a liaison representative's
alternate be a member of the same political party as the liaison
representative for whom he or she is an alternate. The terms of the liaison
representatives and alternate liaison representatives
appointed by the Governor shall be 2 years, commencing on the second
Wednesday of January in odd numbered years, except that the terms of the
liaison representatives and alternate liaison representatives initially
appointed by the Governor under this Section shall commence on the date of
their appointment and expire on the second Wednesday of January, 1993.
Vacancies shall be filled by appointment of the Governor for the unexpired
term, and the person appointed to fill a vacancy shall be a member of the
same chamber of the General Assembly and the same political party as his or
her predecessor in office. The liaison representatives, or their
alternates who meet with the Board of Directors of the Illinois High School
Association at any meetings of that Board which the liaison representatives
are unable to attend, shall communicate to the members of the General
Assembly information of importance to the cooperative relationship between
the Illinois High School Association and the General Assembly. It shall be
the responsibility of the Illinois High School Association to timely supply
to both liaison representatives and both alternates all agenda materials
and information that are customarily supplied by that Association to
the members of its Board of Directors for use in connection with the
meetings of that Board.
(Source: P.A. 87-239; 87-895.)
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(105 ILCS 5/22-25)
Sec. 22-25.
High School Quality Guarantees.
The school board of any
district that maintains grades 9-12, including special charter districts and
any district organized under Article 34, may enter into agreements that
guarantee the academic skills and performance of graduates of their high
schools in the workforce or in higher education. Any quality guarantee
agreements established shall be subject to such qualifications and restrictions
as the school board may determine.
(Source: P.A. 89-610, eff. 8-6-96.)
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(105 ILCS 5/22-26)
Sec. 22-26. (Repealed).
(Source: P.A. 91-491, eff. 8-13-99. Repealed internally, eff. 1-2-00; repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-27)
Sec. 22-27. World War II, Korean Conflict, and Vietnam Conflict veterans; service member killed in action; diplomas.
(a) Upon request, the school board of any district that maintains
grades 10 through 12 may award a diploma to any honorably discharged veteran
who:
(1) served in the armed forces of the United States | ||
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(2) resided within an area currently within the | ||
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(3) left high school before graduating in order to | ||
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(4) has not received a high school diploma.
(a-5) Upon request, the school board of a school district that maintains grades 10 through 12 may posthumously award a diploma to any service member who was killed in action while performing active military duty with the armed forces of the United States if all of the following criteria have been met: (1) He or she resided in an area currently within the | ||
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(2) He or she left high school before graduating to | ||
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(3) He or she did not receive a high school diploma. (b) The State Board of Education and the Department of Veterans' Affairs
may issue rules consistent with the provisions of this Section that are
necessary to implement this Section.
(Source: P.A. 101-131, eff. 7-26-19.)
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(105 ILCS 5/22-30) (Text of Section from P.A. 103-175) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. Training must be completed annually. Trained personnel must also submit to the school's administration proof of cardiopulmonary resuscitation and automated external defibrillator certification. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting. (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.) (Text of Section from P.A. 103-196) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. A school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code may maintain a supply of undesignated oxygen tanks in any secure location that is accessible before, during, and after school where a person with developmental disabilities is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated oxygen tanks in the name of the school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code to be maintained for use when necessary. Any supply of oxygen tanks shall be maintained in accordance with the manufacturer's instructions and with the local fire department's rules. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. Training must be completed annually. Trained personnel must also submit to the school's administration proof of cardiopulmonary resuscitation and automated external defibrillator certification. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting. (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-196, eff. 1-1-24.) (Text of Section from P.A. 103-348) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school shall maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose, unless there is a shortage of opioid antagonists, in which case the school district, public school, charter school, or nonpublic school shall make a reasonable effort to maintain a supply of an opioid antagonist. Unless the school district, public school, charter school, or nonpublic school is able to obtain opioid antagonists without a prescription, a health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act shall prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting. (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-348, eff. 1-1-24.) (Text of Section from P.A. 103-542) (This Section may contain text from a Public Act with a delayed effective date) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) (Blank). (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/22-33) Sec. 22-33. Medical cannabis. (a) This Section may be referred to as Ashley's Law. (a-5) In this Section: "Designated caregiver", "medical cannabis infused product", "qualifying patient", and "registered" have the meanings given to those terms under Section 10 of the Compassionate Use of Medical Cannabis Program Act. "Self-administration" means a student's discretionary use of his or her medical cannabis infused product. (b) Subject to the restrictions under subsections (c) through (g) of this Section, a school district, public school, charter school, or nonpublic school shall authorize a parent or guardian or any other individual registered with the Department of Public Health as a designated caregiver of a student who is a registered qualifying patient to administer a medical cannabis infused product to the student on the premises of the child's school or on the child's school bus if both the student (as a registered qualifying patient) and the parent or guardian or other individual (as a registered designated caregiver) have been issued registry identification cards under the Compassionate Use of Medical Cannabis Program Act. After administering the product, the parent or guardian or other individual shall remove the product from the school premises or the school bus. (b-5) Notwithstanding subsection (b) and subject to the restrictions under subsections (c) through (g), a school district, public school, charter school, or nonpublic school must allow a school nurse or school administrator to administer a medical cannabis infused product to a student who is a registered qualifying patient (i) while on school premises, (ii) while at a school-sponsored activity, or (iii) before or after normal school activities, including while the student is in before-school or after-school care on school-operated property or while the student is being transported on a school bus. A school district, public school, charter school, or nonpublic school may authorize the self-administration of a medical cannabis infused product by a student who is a registered qualifying patient if the self-administration takes place under the direct supervision of a school nurse or school administrator. Before allowing the administration of a medical cannabis infused product by a school nurse or school administrator or a student's self-administration of a medical cannabis infused product under the supervision of a school nurse or school administrator under this subsection, the parent or guardian of a student who is the registered qualifying patient must provide written authorization for its use, along with a copy of the registry identification card of the student (as a registered qualifying patient) and the parent or guardian (as a registered designated caregiver). The written authorization must specify the times at which or the special circumstances under which the medical cannabis infused product must be administered. The written authorization and a copy of the registry identification cards must be kept on file in the office of the school nurse. The authorization for a student to self-administer medical cannabis infused products is effective for the school year in which it is granted and must be renewed each subsequent school year upon fulfillment of the requirements of this Section. (b-10) Medical cannabis infused products that are to be administered under subsection (b-5) must be stored with the school nurse at all times in a manner consistent with storage of other student medication at the school and may be accessible only by the school nurse or a school administrator. (c) A parent or guardian or other individual may not administer a medical cannabis infused product under this Section in a manner that, in the opinion of the school district or school, would create a disruption to the school's educational environment or would cause exposure of the product to other students. (d) A school district or school may not discipline a student who is administered a medical cannabis infused product by a parent or guardian or other individual under this Section or who self-administers a medical cannabis infused product under the supervision of a school nurse or school administrator under this Section and may not deny the student's eligibility to attend school solely because the student requires the administration of the product. (e) Nothing in this Section requires a member of a school's staff to administer a medical cannabis infused product to a student. (f) A school district, public school, charter school, or nonpublic school may not authorize the use of a medical cannabis infused product under this Section if the school district or school would lose federal funding as a result of the authorization. (f-5) The State Board of Education, in consultation with the Department of Public Health, must develop a training curriculum for school nurses and school administrators on the administration of medical cannabis infused products. Prior to the administration of a medical cannabis infused product under subsection (b-5), a school nurse or school administrator must annually complete the training curriculum developed under this subsection and must submit to the school's administration proof of its completion. A school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and of the school nurses or school administrators who have completed the training. (g) A school district, public school, charter school, or nonpublic school shall adopt a policy to implement
this Section.
(Source: P.A. 101-363, eff. 8-9-19; 101-370, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-35)
Sec. 22-35. Sharing information on school lunch applicants;
consent. Before an entity shares with the Department of Healthcare and Family Services
information on an applicant for free or reduced-price lunches under
Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of this Code or Section 10 of the
School
Breakfast and Lunch Program Act, that entity must obtain, in writing,
the consent of the applicant's parent or legal guardian.
The Department of Healthcare and Family Services may not seek any punitive action against
or withhold any benefit or subsidy from an applicant for a free or
reduced-price lunch due to the applicant's parent or legal guardian withholding
consent.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/22-40) Sec. 22-40. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(105 ILCS 5/22-45) Sec. 22-45. Illinois P-20 Council. (a) The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school. This State needs a framework to guide education policy and integrate education at every level. A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency. Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation. A pre-kindergarten through grade 20 agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce. In addition, lifelong learning plans will enhance this State's ability to leverage funding. (b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members: (1) The Governor or his or her designee, to serve as | ||
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(2) Four members of the General Assembly, one | ||
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(3) Six at-large members appointed by the Governor as | ||
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(A) one representative of civic leaders; (B) one representative of local government; (C) one representative of trade unions; (D) one representative of nonprofit organizations | ||
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(E) one representative of parents' organizations; | ||
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(F) one education research expert. (4) Five members appointed by statewide business | ||
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(5) Six members appointed by statewide professional | ||
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(6) Two members appointed by associations | ||
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(7) One member representing community colleges, | ||
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(8) One member representing 4-year independent | ||
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(9) One member representing public 4-year | ||
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(10) Ex-officio members as follows: (A) The State Superintendent of Education or his | ||
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(B) The Executive Director of the Board of Higher | ||
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(C) The Executive Director of the Illinois | ||
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(D) The Executive Director of the Illinois | ||
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(E) The Co-chairpersons of the Illinois | ||
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(F) The Director of Commerce and Economic | ||
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(G) The Chairperson of the Illinois Early | ||
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(H) The President of the Illinois Mathematics and | ||
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(I) The president of an association representing | ||
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Ex-officio members shall have no vote on the Illinois P-20 Council. Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors are appointed and have qualified. Staggered terms shall be determined by lot at the organizing meeting of the Illinois P-20 Council. Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred. (c) The Illinois P-20 Council shall be funded through State appropriations to support staff activities, research, data-collection, and dissemination. The Illinois P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions. The Illinois Education Research Council shall provide research and coordinate research collection activities for the Illinois P-20 Council. (d) The Illinois P-20 Council shall have all of the following duties: (1) To make recommendations to do all of the | ||
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(A) Coordinate pre-kindergarten through grade 20 | ||
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(B) Coordinate and leverage strategies, actions, | ||
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(C) Better align the high school curriculum with | ||
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(D) Better align assessments across all levels of | ||
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(E) Reduce the need for students entering | ||
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(F) Smooth the transition from high school to | ||
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(G) Improve high school and college graduation | ||
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(H) Improve the rigor and relevance of academic | ||
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(I) Better align college and university teaching | ||
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(2) To advise the Governor, the General Assembly, | ||
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(3) To articulate a framework for systemic | ||
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(4) To provide an estimated fiscal impact for | ||
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(5) To make recommendations for short-term and | ||
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(A) Closing the digital divide for all students, | ||
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(B) Evaluating the academic growth and | ||
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(C) Establishing a system for the collection and | ||
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(D) Providing students with resources and | ||
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(E) Providing students with resources and support | ||
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(F) Ensuring more time for students' academic, | ||
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(G) Strengthening the transition from secondary | ||
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(e) The chairperson of the Illinois P-20 Council may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas: (1) Preparation, recruitment, and certification of | ||
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(2) Mentoring and induction of highly qualified | ||
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(3) The diversity of highly qualified teachers. (4) Funding for highly qualified teachers, including | ||
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(5) Highly effective administrators. (6) Illinois birth through age 3 education, | ||
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(7) The assessment, alignment, outreach, and network | ||
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(8) Alternative routes to college access. (9) Research data and accountability. (10) Community schools, community participation, and | ||
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(11) Tuition, financial aid, and other issues related | ||
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(12) Learning recovery in the wake of the COVID-19 | ||
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The chairperson of the Illinois P-20 Council may designate Council members to serve as working group chairpersons. Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.
(Source: P.A. 101-654, eff. 3-8-21.) |
(105 ILCS 5/22-50) Sec. 22-50. Twice-exceptional children; recommendations. The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/22-55)
Sec. 22-55. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
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(105 ILCS 5/22-60) (Text of Section before amendment by P.A. 102-466) Sec. 22-60. Unfunded mandates prohibited. (a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required: (1) Any mandate in this Code enacted after the | ||
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(2) Any regulatory mandate promulgated by the State | ||
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(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive. The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results. If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request. (c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application. (d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.) (Text of Section after amendment by P.A. 102-466) Sec. 22-60. Unfunded mandates prohibited. (a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required: (1) Any mandate in this Code enacted after the | ||
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(2) Any regulatory mandate promulgated by the State | ||
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(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive. The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results. If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request. (c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education, (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application, or (iii) any changes made to this Code by this amendatory Act of the 102nd General Assembly. (d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/22-65)
Sec. 22-65. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/22-70) Sec. 22-70. Enrollment information; children of military personnel. At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year. Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/22-75)
Sec. 22-75. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/22-76) Sec. 22-76. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.) |
(105 ILCS 5/22-77) Sec. 22-77. (Repealed).
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.) |
(105 ILCS 5/22-80) Sec. 22-80. Student athletes; concussions and head injuries. (a) The General Assembly recognizes all of the following: (1) Concussions are one of the most commonly reported | ||
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(2) Concussions are a type of brain injury that can | ||
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(3) Continuing to play with a concussion or symptoms | ||
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(4) Student athletes who have sustained a concussion | ||
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(b) In this Section: "Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician. "Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches. "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness. "Department" means the Department of Financial and Professional Regulation. "Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association. "Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities. "Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer. "Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse. "Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987. "Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987. "School" means any public or private elementary or secondary school, including a charter school. "Student" means an adolescent or child enrolled in a school. (c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year. (d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity. Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team. (e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association. (f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition: (1) a coach; (2) a physician; (3) a game official; (4) an athletic trainer; (5) the student's parent or guardian or another | ||
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(6) the student; or (7) any other person deemed appropriate under the | ||
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(g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until: (1) the student has been evaluated, using established | ||
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(2) the student has successfully completed each | ||
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(3) the student has successfully completed each | ||
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(4) the treating physician, the athletic trainer, or | ||
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(5) the student and the student's parent or guardian | ||
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(A) have acknowledged that the student has | ||
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(B) have provided the treating physician's, | ||
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(C) have signed a consent form indicating that | ||
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(i) has been informed concerning and consents | ||
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(ii) understands the risks associated with | ||
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(iii) consents to the disclosure to | ||
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A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn. The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team. (h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training. (2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years: (A) a coach of an interscholastic athletic activity; (B) a nurse, licensed healthcare professional, or | ||
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(C) a game official of an interscholastic athletic | ||
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(3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions. (4) For purposes of paragraph (2) of this subsection (h): (A) a coach, game official, or non-licensed | ||
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(B) an athletic trainer must take a | ||
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(C) a nurse must take a concussion-related continuing | ||
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(D) a physical therapist must take a | ||
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(E) a psychologist must take a concussion-related | ||
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(F) an occupational therapist must take a | ||
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(G) a physician assistant must take a | ||
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(5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school. (6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity. (7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity. (i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be: (1) in writing; (2) reviewed by the concussion oversight team; (3) approved by the district superintendent or the | ||
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(4) distributed to all appropriate personnel; (5) posted conspicuously at all venues utilized by | ||
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(6) reviewed annually by all athletic trainers, first | ||
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(j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23.) |
(105 ILCS 5/22-81) Sec. 22-81. Drug education and youth overdose prevention. By July 1, 2024, the State Board of Education and the Department of Human Services shall work in consultation with relevant stakeholders, including the Illinois Opioid Crisis Response Advisory Council, to develop and update substance use prevention and recovery resource materials for public elementary and secondary schools. A Substance Use Prevention and Recovery Instruction Resource Guide shall be made available on the State Board of Education's Internet website and shall be sent via electronic mail to all regional offices of education and school districts in this State. The Resource Guide shall provide guidance for school districts and educators regarding student instruction in the topics of substance use prevention and recovery at an age and developmentally appropriate level and shall be reviewed and updated appropriately based on new findings and trends as determined by the State Board of Education or the Department of Human Services. A school district's use of the Resource Guide shall be voluntary. All resources and recommendations within the Resource Guide shall align with the substance use prevention and recovery related topics within the Illinois Learning Standards for Physical Development and Health and the State of Illinois Opioid Action Plan. The Resource Guide shall, at a minimum, include all the following: (1) Age-appropriate, comprehensive, reality-based, | ||
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(2) Information about where to locate stories and | ||
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(3) Resources regarding how to make substance use | ||
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(4) Information on how school districts may involve | ||
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(5) Ways to create instructional programs that are | ||
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(6) Resources that reflect the prevention continuum | ||
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(7) Citations and references the most up-to-date | ||
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(8) Resources that reflect the importance of | ||
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(A) substance types, the substance use continuum, | ||
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(B) the history of drugs and health policy in | ||
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(C) risk mitigation and harm reduction, including | ||
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(D) addressing adverse childhood experiences, | ||
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(E) the social and health inequities among racial | ||
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(F) strategies and resources for coping with | ||
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Subject to appropriation, the Department of Human Services shall reimburse a grantee for any costs associated with facilitating a heroin and opioid overdose prevention instructional program for school districts seeking to provide instruction under this type of program. Each school district that seeks to participate in the program shall have the discretion to determine which grade levels the school district will instruct under the program. The program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use. Such learning content must specifically target the dangers of prescription pain medication and heroin abuse. The Department may contract with a health education organization to fulfill the requirements of the program.
(Source: P.A. 102-894, eff. 5-20-22; 103-399, eff. 7-28-23.) |
(105 ILCS 5/22-82) Sec. 22-82. Assessment reporting. (a) Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education: (1) Every reliable assessment that measures a certain | ||
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(2) The administration window for each of these | ||
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(3) Which entity is requiring the assessment (State, | ||
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(4) Which grade levels will be taking the assessment. (5) Which subsets of students, such as English | ||
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(6) An estimate of the average time it will take a | ||
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(7) If the results of the assessment are to be used | ||
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(b) The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public. Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form. (c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.) |
(105 ILCS 5/22-83) Sec. 22-83. Police training academy job training program. (a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. The jobs training program shall be open to all students, regardless of prior academic history. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements. (b) The State Board of Education shall track participation and the success of students participating in the jobs training program established under this Section and annually publish a report on its website examining the program and its success.
(Source: P.A. 100-331, eff. 1-1-18.) |
(105 ILCS 5/22-85) Sec. 22-85. Sexual abuse at schools. (a) The General Assembly finds that: (1) investigation of a child regarding an incident of | ||
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(2) it is desirable to prevent multiple interviews of | ||
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(3) it is important to recognize the role of | ||
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(b) In this Section: "Alleged incident of sexual abuse" is limited to an incident of sexual abuse of a child that is alleged to have been perpetrated by school personnel, including a school vendor or volunteer, that occurred (i) on school grounds or during a school activity or (ii) outside of school grounds or not during a school activity. "Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of sexual abuse. (c) If a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline established under Section 7.6 of the Abused and Neglected Child Reporting Act immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. The State Board of Education must make available materials detailing the information that is necessary to enable notification to the Department of Children and Family Services of an alleged incident of sexual abuse. Each school must ensure that mandated reporters review the State Board of Education's materials and materials developed by the Department of Children and Family Services and distributed in the school building under Section 7 of the Abused and Neglected Child Reporting Act at least once annually. (d) For schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations. (e) A county's local Children's Advocacy Center must, at a minimum, do both of the following regarding a referred case of an alleged incident of sexual abuse: (1) Coordinate the investigation of the alleged | ||
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(2) Facilitate communication between the | ||
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(f) After an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the criminal and child abuse investigations related to that alleged incident are being conducted by the local multidisciplinary team, the school relevant to the alleged incident of sexual abuse must comply with both of the following: (1) It may not interview the alleged victim regarding | ||
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(2) If asked by a law enforcement agency or an | ||
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(g) After completion of a forensic interview, the multidisciplinary team must notify the school relevant to the alleged incident of sexual abuse of its completion. If, for any reason, a multidisciplinary team determines it will not conduct a forensic interview in a specific investigation, the multidisciplinary team must notify the school as soon as the determination is made. If a forensic interview has not been conducted within 15 calendar days after opening an investigation, the school may notify the multidisciplinary team that it intends to interview the alleged victim. No later than 10 calendar days after this notification, the multidisciplinary team may conduct the forensic interview and, if the multidisciplinary team does not conduct the interview, the school may proceed with its interview. (h) To the greatest extent possible considering student safety and Title IX compliance, school personnel may view the electronic recordings of a forensic interview of an alleged victim of an incident of sexual abuse. As a means to avoid additional interviews of an alleged victim, school personnel must be granted viewing access to the electronic recording of a forensic interview conducted at an accredited Children's Advocacy Center for an alleged incident of sexual abuse only if the school receives (i) approval from the multidisciplinary team investigating the case and (ii) informed consent by a child over the age of 13 or the child's parent or guardian. Each county's local Children's Advocacy Center and multidisciplinary team must establish an internal protocol regarding the process of approving the viewing of the forensic interview, and this process and the contact person must be shared with the school contact at the time of the initial facilitation. Whenever possible, the school's viewing of the electronic recording of a forensic interview should be conducted in lieu of the need for additional interviews. (i) For an alleged incident of sexual abuse that has been accepted for investigation by a multidisciplinary team, if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, the school determines that it needs to interview the alleged victim to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and may be present during the school's interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position the State Board of Education has identified as an appropriate advocate for the student during a school's investigation into an alleged incident of sexual abuse. (j) The Department of Children and Family Services must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete. The notification must include information on the outcome of that investigation. (k) The appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete or has been suspended. The notification must include information on the outcome of that investigation. (l) This Section applies to all schools operating under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the State Board of Education.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-85.5) Sec. 22-85.5. Sexual misconduct in schools. (a) This Section applies beginning on July 1, 2022. (b) The General Assembly finds that: (1) the success of students in school relies on safe | ||
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(2) it is important for staff to maintain a | ||
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(3) many breaches of staff-student boundaries do not | ||
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(4) repeated violations of staff–student boundaries | ||
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(5) it is necessary to uphold the State Board of | ||
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(6) each school district, charter school, or | ||
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(7) each school district, charter school, or | ||
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(8) as bystanders, educators may have knowledge of | ||
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(c) In this Section, "sexual misconduct" means any act, including, but not limited to,
any verbal, nonverbal, written, or electronic communication or
physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following: (1) A sexual or romantic invitation. (2) Dating or soliciting a date. (3) Engaging in sexualized or romantic dialog. (4) Making sexually suggestive comments that are | ||
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(5) Self-disclosure or physical exposure of a | ||
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(6) A sexual, indecent, romantic, or erotic contact | ||
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(d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following: (1) Incorporates the Code of Ethics for Illinois | ||
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(2) Incorporates the definition of "sexual | ||
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(3) Identifies the expectations for employees and | ||
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(A) Transporting a student. (B) Taking or possessing a photo or a video of a | ||
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(C) Meeting with a student or contacting a | ||
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(4) References the employee reporting requirements | ||
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(5) References required employee training that is | ||
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(e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school. (f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.) |
(105 ILCS 5/22-85.10) Sec. 22-85.10. Parental notification of sexual misconduct. (a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code. Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing | ||
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(2) Prior to notification of the student's parents or | ||
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(A) that notice will be given to the student's | ||
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(B) what information will be included in the | ||
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(C) available resources for the student within | ||
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(D) beginning July 1, 2025, the name and | ||
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(3) After notification of the student as required | ||
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(A) of the alleged misconduct; and (B) of available resources for the student | ||
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(4) Notification must be provided as soon as | ||
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(b) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing | ||
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(2) Prior to notification of the student's parents or | ||
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(A) that notice will be given to the student's | ||
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(B) what information will be included in the | ||
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(C) available resources for the student within | ||
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(D) beginning July 1, 2025, the name and contact | ||
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(3) After notification of the student as required | ||
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(A) of the governing body's action; (B) whether a report concerning the alleged | ||
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(C) of available resources for the student | ||
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(4) Notification must be provided as soon as feasible | ||
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(5) For the purposes of subsection (b), if the | ||
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(c) Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim. If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians. (d) Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.
(Source: P.A. 102-702, eff. 7-1-23.) |
(105 ILCS 5/22-86) Sec. 22-86. (Repealed).
(Source: P.A. 101-531, eff. 8-23-19. Repealed internally, eff. 3-15-21.) |
(105 ILCS 5/22-87) Sec. 22-87. Graduation requirements; Free Application for Federal Student Aid. (a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must comply with either of the following: (1) File a Free Application for Federal Student Aid | ||
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(2) On a form created by the State Board of | ||
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(b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a). (c) The State Board of Education may adopt rules to implement this Section.
(Source: P.A. 101-180, eff. 6-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-88) Sec. 22-88. Parental notification of law enforcement detainment and questioning on school grounds. (a) In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present. (b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following: (1) Ensure that notification or attempted | ||
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(2) Document the time and manner in which the | ||
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(3) Make reasonable efforts to ensure that the | ||
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(4) If practicable, make reasonable efforts to ensure | ||
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(c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following: (1) Prevent bodily harm or injury to the student or | ||
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(2) Apprehend an armed or fleeing suspect. (3) Prevent the destruction of evidence. (4) Address an emergency or other dangerous | ||
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(Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-89) Sec. 22-89. Graduates during the 2019-2020 school year. Notwithstanding any other provision of this Code, any diploma conferred during the 2019-2020 school year, including during the summer of 2020, under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not subject to challenge or review due to a failure to meet minimum requirements otherwise required by this Code, administrative rule, or school board policy.
(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/22-90) Sec. 22-90. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 2-1-23.) |
(105 ILCS 5/22-91)
Sec. 22-91. Modification of athletic or team uniform; nonpublic schools. (a) A nonpublic school recognized by the State Board of Education must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the school for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)
|
(105 ILCS 5/22-92)
Sec. 22-92. Absenteeism and truancy policy. (a) Each school district, charter school, or alternative school or any school receiving public funds shall develop and communicate to its students and their parent or guardian, on an annual basis, an absenteeism and truancy policy, including at least the following elements: (1) A definition of a valid cause for absence in | ||
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(2) A description of diagnostic procedures to be used | ||
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(3) The identification of supportive services to be | ||
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(4) Incorporation of the provisions relating to | ||
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(b) The absenteeism and truancy policy must be updated every 2 years and filed with the State Board of Education and the regional superintendent of schools.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-93)
Sec. 22-93. School guidance counselor; gift ban. (a) In this Section: "Guidance counselor" means a person employed by a school district and working in a high school to offer students advice and assistance in making career or college plans. "Prohibited source" means any person who is employed by an institution of higher education or is an agent or spouse of or an immediate family member living with a person employed by an institution of higher education. "Relative" means an individual related to another as father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister or the father, mother, grandfather, or grandmother of the individual's spouse or the individual's fiance or fiancee. (b) A guidance counselor may not intentionally solicit or accept any gift from a prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule. A prohibited source may not intentionally offer or make a gift that violates this Section. (c) The prohibition in subsection (b) does not apply to any of the following: (1) Opportunities, benefits, and services that are | ||
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(2) Anything for which the guidance counselor pays | ||
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(3) A gift from a relative. (4) Anything provided by an individual on the basis | ||
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(A) The history of the relationship between the | ||
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(B) Whether, to the actual knowledge of the | ||
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(C) Whether, to the actual knowledge of the | ||
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(5) Bequests, inheritances, or other transfers at | ||
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(6) Any item or items from any one prohibited source | ||
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(7) Promotional materials, including, but not limited | ||
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Each exception listed under this subsection is mutually exclusive and independent of one another. (d) A guidance counselor is not in violation of this Section if he or she promptly takes reasonable action to return the gift to the prohibited source or donates the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. A guidance counselor or prohibited source who intentionally violates this Section is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000.
(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-94) Sec. 22-94. Employment history review. (a) This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students. (b) In this Section: "Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students. "Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students. "School" means a public or nonpublic elementary or secondary school. "Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code. (c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met: (1) the school or contractor has no knowledge or | ||
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(2) the applicant swears or affirms that the | ||
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(3) using the template developed by the State Board | ||
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(A) a list, including the name, address, | ||
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(i) the applicant's current employer; (ii) all former employers of the applicant | ||
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(B) A written authorization that consents to | ||
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(C) A written statement of whether the | ||
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(i) has been the subject of a sexual | ||
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(ii) has ever been discharged from, been | ||
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(iii) has ever had a license or | ||
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(4) The school or contractor shall initiate a | ||
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(A) the dates of employment of the applicant; (B) a statement as to whether the applicant: (i) has been the subject of a sexual | ||
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(ii) was discharged from, was asked to | ||
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(iii) has ever had a license or | ||
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(C) The template shall include the following | ||
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(5) For applicants licensed by the State Board of | ||
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(d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment. (e) No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the
applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the
applicant shall provide additional information about the matters disclosed and all related records. A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file. If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly. Information received under this Section shall not be deemed a public record. A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer. An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer. Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential. (f) A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students. (g) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that: (1) has the effect of suppressing information | ||
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(2) affects the ability of the school or contractor | ||
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(3) requires the school or contractor to expunge | ||
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(h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable. (i) For substitute employees, all of the following apply: (1) The employment history review required by this | ||
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(2) A substitute employee seeking to be added to | ||
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(3) An employment history review conducted upon | ||
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(4) A contractor or any other entity furnishing | ||
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(j) For employees of contractors, all of the following apply: (1) The employment history review required by this | ||
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(2) A contractor shall maintain records documenting | ||
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(3) Prior to assigning an employee to perform work | ||
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(A) has been the subject of a sexual misconduct | ||
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(B) has ever been discharged, been asked to | ||
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(C) has ever had a license or certificate | ||
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(4) The contractor may not assign an employee to | ||
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(k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring. (l) Nothing in this Section shall be construed: (1) to prevent a prospective employer from | ||
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(2) to relieve a school, school employee, | ||
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(3) to relieve a school, school employee, | ||
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(4) to prohibit the right of the exclusive | ||
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(m) The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).
(Source: P.A. 102-702, eff. 7-1-23.) |
(105 ILCS 5/22-95) (Text of Section from P.A. 103-413) (Section scheduled to be repealed on February 1, 2029) Sec. 22-95. Whole Child Task Force. (a) The General Assembly makes all of the following findings: (1) The COVID-19 pandemic has exposed systemic | ||
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(2) The path to recovery requires a commitment from | ||
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(3) It is well documented that trauma and toxic | ||
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(4) It is estimated that, overall, approximately 40% | ||
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(5) The cumulative effects of trauma and toxic stress | ||
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(6) Although this State enacted measures through | ||
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(7) Many educators and schools in this State have | ||
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(b) The Whole Child Task Force created by Public Act 101-654 is reestablished for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidence-based interventions and restorative practices: (1) To create a common definition of a | ||
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(2) To outline the training and resources required to | ||
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(3) To identify or develop a process to conduct an | ||
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(4) To provide recommendations concerning the key | ||
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(5) To recommend an implementation timeline, | ||
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(6) To seek input and feedback from stakeholders, | ||
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(7) To recommend legislation, policies, and practices | ||
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(c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following: (1) One member of a statewide professional teachers' | ||
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(2) One member of another statewide professional | ||
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(3) One member who represents a school district | ||
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(4) One member of a statewide organization | ||
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(5) One member of an organization that has specific | ||
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(6) One member of another organization that has | ||
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(7) One member of a statewide organization that | ||
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(8) One member of a statewide policy organization | ||
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(9) One member of a statewide organization that | ||
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(10) One member of the General Assembly recommended | ||
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(11) One member of the General Assembly recommended | ||
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(12) One member of the General Assembly recommended | ||
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(13) One member of the General Assembly recommended | ||
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(14) One member of a civil rights organization that | ||
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(15) One administrator from a school district that | ||
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(16) One educator from a school district that has | ||
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(17) One member of a youth-led organization. (18) One member of an organization that has | ||
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(19) One member of a coalition of mental health and | ||
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(20) One member of an organization whose mission is | ||
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(21) One member who works or has worked as a | ||
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(22) One member who works or has worked as a social | ||
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(23) One member of the State Board of Education. (24) One member who represents a statewide | ||
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(25) One member who represents a statewide | ||
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(26) One member who has expertise in pre-kindergarten | ||
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(27) One member who represents a school social worker | ||
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(28) One member who represents an organization that | ||
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(29) One member who is a licensed clinical | ||
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(30) One member who represents a school district in | ||
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(31) One member from a governmental agency who has | ||
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(32) One member who has significant expertise in | ||
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(33) One member who represents an organization that | ||
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(34) One member who represents an organization | ||
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(d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation. (e) The Whole Child Task Force shall reconvene by March 2027 to review progress on the recommendations in the March 2022 report submitted pursuant to Public Act 101-654 and shall submit a new report on its assessment of the State's progress and any additional recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before December 31, 2027. (f) This Section is repealed on February 1, 2029.(Source: P.A. 103-413, eff. 1-1-24.) (Text of Section from P.A. 103-472) (This Section may contain text from a Public Act with a delayed effective date) Sec. 22-95. Policy on discrimination, harassment, and retaliation; response procedures. (a) As used in this Section, "policy" means either the use of a singular policy or multiple policies. (b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following: (1) The policy must be in writing and must include at | ||
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(A) descriptions of various forms of | ||
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(B) the school district's, charter school's, or | ||
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(C) an overview of the school district's, charter | ||
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(D) potential remedies for a violation of the | ||
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(E) a prohibition on retaliation for making a | ||
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(F) the legal recourse available through the | ||
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(G) directions on how to contact the Department | ||
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The policy shall make clear that the policy does not | ||
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(2) The policy described in this subsection shall be | ||
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(3) The policy described in this subsection shall be | ||
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(c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools: (1) shall reduce or remove, to the extent | ||
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(2) shall permit any person who reports or is the | ||
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(3) shall permit anonymous reporting, except that | ||
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(4) shall offer remedial interventions or take such | ||
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(5) may offer, but not require or unduly influence, a | ||
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(6) may not cause a person who reports or is the | ||
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(Source: P.A. 103-472, eff. 8-1-24.) (Text of Section from P.A. 103-481) Sec. 22-95. Retirement and deferred compensation plans. (a) This Section applies only to school districts, other than a school district organized under Article 34, with a full-time licensed teacher population of 575 or more teachers that maintain a 457 plan. Every applicable school district shall make available to participants more than one financial institution or investment provider to provide services to the school district's 457 plan. (b) A financial institution or investment provider, by entering into a written agreement, may offer or provide services to a plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 if the written agreement is not combined with any other written agreement for the administration of the school district's 457 plan. Each school district that offers a 457 plan shall make available to participants, in the manner provided in subsection (d), more than one financial institution or investment provider that has not entered into a written agreement to provide administration services and that provides services to a 457 plan offered to school districts. (c) A financial institution or investment provider providing services for any plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 shall: (1) enter into an agreement with the school district | ||
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(2) provide all data required by the school district | ||
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(3) cover all plan administration costs agreed to by | ||
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(d) A school district that offers, establishes, or maintains a plan under Section 457 of the Internal Revenue Code of 1986, except for a plan established under Section 16-204 of the Illinois Pension Code, shall select more than one financial institution or investment provider, in addition to the financial institution or investment provider that has entered into a written agreement under subsection (b), to provide services to the 457 plan. A financial institution or investment provider shall be designated a 457 plan provider if the financial institution or investment provider enters into an agreement in accordance with subsection (c). (e) A school district shall have one year after the effective date of this amendatory Act of the 103rd General Assembly to find a 457 plan provider under this Section. (f) Nothing in this Section shall apply to or impact the optional defined contribution benefit established by the Teachers' Retirement System of the State of Illinois under Section 16-204 of the Illinois Pension Code. Notwithstanding the foregoing, the Teachers' Retirement System may elect to share plan data for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code with the school district, upon request by the school district, in order to facilitate school districts' compliance with this Section and Section 457 of the Internal Revenue Code of 1986. If a school district requests that the Teachers' Retirement System share plan information for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code, the Teachers' Retirement System may assess a fee on the applicable school district.(Source: P.A. 103-481, eff. 1-1-24.) (Text of Section from P.A. 103-497) (Section scheduled to be repealed on December 31, 2031) Sec. 22-95. Rural Education Advisory Council. (a) The Rural Education Advisory Council is created as a statewide advisory council to exchange thoughtful dialogue concerning the needs, challenges, and opportunities of rural schools districts and to provide policy recommendations to the State. The Council shall perform all of the following functions: (1) Convey and impart the perspective of rural | ||
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(2) Present to the State Superintendent of Education | ||
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(3) Provide feedback about this State's | ||
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(b) The Council shall consist of all of the following members: (1) The State Superintendent of Education or his or | ||
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(2) One representative of an association representing | ||
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(3) Five superintendents of rural school districts | ||
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(4) One principal from a rural school district | ||
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(5) One representative from a rural school district | ||
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(6) One representative of a statewide organization | ||
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(7) One representative of a statewide organization | ||
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(8) One student who is at least 15 years old, who is | ||
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Council members must reflect, as much as possible, the racial and ethnic diversity of this State. Council members shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board. (c) The Council shall meet initially at the call of the State Superintendent of Education, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. (d) The State Board of Education shall provide administrative and other support to the Council as needed. (e) The Council is dissolved and this Section is repealed on December 31, 2031.(Source: P.A. 103-497, eff. 1-1-24.) |
(105 ILCS 5/22-96) Sec. 22-96. Hiring or assigning priority. (a) When hiring or assigning physical education, music, and visual arts educators, a school district must prioritize the hiring or assigning of educators who hold an educator license and endorsement in the content area to be taught. (b) A licensed educator assigned to physical education, music, or visual arts who does not hold an endorsement in the content area to be taught must acquire short-term approval under Part 25 of Title 23 of the Illinois Administrative Code by the State Board of Education in the content area to be taught prior to his or her assignment or employment start date. If no short-term approval is available in the content area to be taught, the licensed educator shall meet equivalent criteria specified by the State Board of Education. In order to retain his or her employment for subsequent school years, the educator must acquire the full endorsement in the content area to be taught prior to the end of the validity period of the short-term approval. (c) In the case of a reduction in force, a school district may follow its employee contract language for filling positions. (d) Instead of holding the credentials specified in subsection (a) or (b) of this Section, an educator assigned to a position under this Section may meet any requirements set forth under Title 23 of the Illinois Administrative Code as applicable to the content area to be taught, except that subsection (b) of Section 1.710 of Title 23 of the Illinois Administrative Code does not apply to an educator assigned to a position under this subsection (d). (Source: P.A. 103-46, eff. 1-1-24; 103-564, eff. 11-17-23.) |
(105 ILCS 5/Art. 23 heading) ARTICLE 23.
SCHOOL BOARD ASSOCIATIONS
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(105 ILCS 5/23-1) (from Ch. 122, par. 23-1)
Sec. 23-1.
Purpose of article.
This Article has for its purpose the education of school board members
as to their duties and responsibilities so as to improve the management of
the public schools, through associations of school boards. The activities
of any association which complies with this Article are hereby declared to
constitute a public purpose.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-2) (from Ch. 122, par. 23-2)
Sec. 23-2.
Boards
may form or join associations.
School boards are authorized to form, join and provide for the expenses
of associations of Illinois school boards formed for the purpose of
conducting county or regional school board institutes and otherwise
disseminating and interchanging information regarding school board
problems, duties and responsibilities, provided such associations comply
with the requirements of this Article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-3) (from Ch. 122, par. 23-3)
Sec. 23-3.
Filing
copy of constitution, by-laws and amendments.
Within 30 days after the adoption by any such association of its
constitution or by-laws or any amendment thereto, it shall file a copy
thereof, certified by its president and executive director, with the
Governor, the Superintendent of Public Instruction and the county
superintendent of schools of each county in which it has any membership.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-4) (from Ch. 122, par. 23-4)
Sec. 23-4.
Election of officers and governing body.
The constitution or by-laws of any such association shall provide for
the election of its officers and governing body at an annual meeting of the
association, or in some other manner which will insure that all member
boards have an equal opportunity to participate in the election.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-5) (from Ch. 122, par. 23-5)
Sec. 23-5.
Membership.
Any such association shall admit to its membership any school board
whose district lies wholly or in part within the area covered by the
association.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-6) (from Ch. 122, par. 23-6)
Sec. 23-6.
Annual report.
Each association shall make an annual report within 60 days after the
close of its fiscal year to the Governor, the State Board of Education
and the regional
superintendent of schools of each region in
which it has members, setting forth the activities of the association
for the preceding fiscal year, the institutes held, the subjects
discussed, and the attendance, and shall furnish the Governor, the
State Board of Education and
such regional superintendents
with copies of all publications sent to its members.
(Source: P.A. 81-1508.)
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(105 ILCS 5/23-7) (from Ch. 122, par. 23-7)
Sec. 23-7.
Compensation and expenses.
No school board member shall receive any compensation for service
rendered to any such association, whether as an officer or otherwise, but
shall be entitled to reimbursement for expenses actually incurred in the
work of such association.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-8) (from Ch. 122, par. 23-8)
Sec. 23-8.
Powers
and duties.
Each association shall perform such duties and exercise such powers as
if it were a state institution for the purposes of Article 16 of the
"Illinois Pension Code", approved March 18, 1963, as amended.
(Source: Laws 1965, p. 3746.)
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(105 ILCS 5/Art. 24 heading) ARTICLE 24.
EMPLOYMENT OF TEACHERS--TENURE--DUTIES OF TEACHERS
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(105 ILCS 5/24-1) (from Ch. 122, par. 24-1)
Sec. 24-1.
Appointment-Salaries-Payment-School month-School term.)
School boards shall appoint all teachers, determine qualifications of
employment
and fix the amount of their
salaries subject to limitation set forth in this Act. They shall pay
the wages of teachers monthly, subject, however, to the provisions of
Section 24-21. The school month shall be the same as the calendar month
but by resolution the school board may adopt for its use a month of 20
days, including holidays. The school term shall consist of at least the
minimum number of pupil attendance days required by Section 10-19, any
additional legal school holidays, days of teachers' institutes, or
equivalent professional educational experiences, and one or two days at
the beginning of the school term when used as a teachers' workshop.
(Source: P.A. 80-249.)
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(105 ILCS 5/24-1.1) (from Ch. 122, par. 24-1.1)
Sec. 24-1.1.
Employment of public school employees by nonpublic schools.
Employees of public schools may be employed on a part-time or temporary
basis by private or parochial schools, providing that such employment is
in no way connected with or subsidized by their public school employment,
and provided further that such private or parochial employment does not
conflict or interfere with an employee's public school duties.
(Source: P.A. 80-287.)
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(105 ILCS 5/24-1.5) Sec. 24-1.5. New or vacant teaching positions. A school district's selection of a candidate for a new or vacant teaching position not otherwise required to be filled pursuant to Section 24-12 of this Code must be based upon the consideration of factors that include without limitation certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, provided that the length of continuing service with the school district must not be considered as a factor, unless all other factors are determined by the school district to be equal. A school district's decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act, provided that, in making such a decision, the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions. Provisions regarding the filling of new and vacant positions in a collective bargaining agreement between a school district and the exclusive bargaining representative of its teachers in existence on the effective date of this amendatory Act of the 97th General Assembly shall remain in full force and effect for the term of the agreement, unless terminated by mutual agreement. Nothing in this amendatory Act of the 97th General Assembly (i) limits or otherwise impacts school districts' management right to hire new employees, (ii) affects what currently is or may be a mandatory subject of bargaining under the Illinois Educational Labor Relations Act, or (iii) creates a statutory cause of action for a candidate or a candidate's representative to challenge a school district's selection decision based on the school district's failure to adhere to the requirements of this Section.
(Source: P.A. 97-8, eff. 6-13-11.) |
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
(Text of Section from P.A. 103-15)
Sec. 24-2. Holidays. (a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are | ||
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(2) the entity that chooses to exercise this | ||
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(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 17 (the birthday of Muhammad Ali), January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), September 17 (Constitution Day), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under Public Act 102-15.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. 5-13-22; 103-15, eff. 7-1-23.)
(Text of Section from P.A. 103-395)
Sec. 24-2. Holidays. (a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers, educational support personnel employees, or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee, including an educational support personnel employee, on account of any legal
or special holiday in which that employee would have otherwise been scheduled to work but for the legal or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are | ||
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(2) the entity that chooses to exercise this | ||
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(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 17 (the birthday of Muhammad Ali), January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under Public Act 102-15.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. 5-13-22; 103-395, eff. 1-1-24.)
(Text of Section from P.A. 103-467)
Sec. 24-2. Holidays. (a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are | ||
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(2) the entity that chooses to exercise this | ||
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(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 17 (the birthday of Muhammad Ali), January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under Public Act 102-15. Notwithstanding any other provision of State law to the contrary, November 5, 2024 shall be a State holiday known as
2024 General Election Day and shall be observed throughout this
State pursuant to this amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. 5-13-22; 103-467, eff. 8-4-23.)
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(105 ILCS 5/24-3) (from Ch. 122, par. 24-3)
Sec. 24-3. Attendance at teachers' institute. The days in any school year spent by a teacher or educational support personnel during the term time
spent in attendance upon a teachers' institute or equivalent professional
educational experiences held under the direction of the county
superintendent of schools shall be considered time expended in the service
of the district and no deduction of wages shall be made for such
attendance. The board may make a pro-rata deduction from the salary of
any teacher or educational support personnel who fail or refuse to attend such institute, unless, in the case of educational support personnel, they are exempt from attending.
The boards shall close the schools for county institute.
(Source: P.A. 97-525, eff. 1-1-12.)
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(105 ILCS 5/24-3.5) Sec. 24-3.5. Attendance for federal advocacy work. Any teacher who is a member of a statewide association representing teachers and who is elected by the association's membership to represent the association in federal advocacy work may spend up to 10 days during a school term representing the association in federal advocacy work. No deduction of wages may be made for such absence, and the statewide association shall reimburse the employing school district for the cost of the need for a substitute teacher as the result of the teacher's absence.(Source: P.A. 103-308, eff. 1-1-24.) |
(105 ILCS 5/24-4) (from Ch. 122, par. 24-4)
Sec. 24-4.
The color, race, sex, nationality, religion or religious affiliation
of any applicant seeking employment either as a superintendent, principal,
teacher or otherwise in the public elementary or high schools, shall not
be considered either a qualification or disqualification for any such employment.
Nor shall color, race, sex, nationality, religion or religious affiliation
be considered in assigning any person to an office or position or to any
school in the school system. If any member of a school board, superintendent,
principal or other school officer violates the foregoing provision or directly
or indirectly requires, asks or seeks information concerning the color,
race, sex, nationality, religion or religious affiliation of any person
in connection with his employment or assignment, or if any person, agency,
bureau, corporation or association employed or maintained to obtain or aid
in obtaining employment of the kind described, directly or indirectly requires,
asks, seeks, indicates or transmits orally or in writing information concerning
the color, race, sex, nationality, religion or religious affiliation of
an applicant for such employment, with the intent to influence such appointment,
he shall be liable to a penalty of not less than $100 nor more than $500,
to be recovered by the person aggrieved thereby in any court of competent
jurisdiction, and he shall be guilty of a Class B misdemeanor.
(Source: P.A. 81-1509.)
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(105 ILCS 5/24-4.1) (from Ch. 122, par. 24-4.1)
Sec. 24-4.1.
Residence requirements.) Residency within any school district
shall not be considered in determining the employment or the compensation
of a teacher or whether to retain, promote, assign or transfer that teacher.
(Source: P.A. 82-381.)
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(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
Sec. 24-5. Physical fitness and professional growth. (a) In this Section, "employee" means any employee of a school district, a student teacher, an employee of a contractor that provides services to students or in schools, or any other individual subject to the requirements of Section 10-21.9 or 34-18.5 of this Code. (b) This subsection (b) does not apply to substitute teacher employees. School boards shall require of new employees evidence of physical
fitness to perform duties assigned and freedom from communicable disease. Such evidence shall consist of a physical
examination
by a physician licensed in Illinois or any other state to practice medicine
and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the
employee. A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any
employee by a physician licensed in Illinois to practice medicine and
surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
funds. (b-5) School boards may require of new substitute teacher employees evidence of physical fitness to perform duties assigned and shall require of new substitute teacher employees evidence of freedom from communicable disease. Evidence may consist of a physical examination by a physician licensed in Illinois or any other state to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the substitute teacher employee. A new or existing substitute teacher employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any substitute teacher employee by a physician licensed in Illinois to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
funds. (c) School boards may require teachers in their employ to furnish from
time to time evidence of continued professional growth.
(Source: P.A. 100-513, eff. 1-1-18; 100-855, eff. 8-14-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school districts, including special charter
districts, but not including school districts in municipalities of 500,000
or more, shall grant their full-time teachers, and also shall grant
such of their other employees as are eligible to participate in the
Illinois Municipal Retirement Fund under the "600-Hour Standard"
established, or under such other eligibility participation standard as may
from time to time be established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of the Illinois
Pension Code, as now or hereafter amended, sick leave
provisions not less in amount than 10 days at full pay in each school year.
If any such teacher or employee does not use the full amount of annual leave
thus allowed, the unused amount shall be allowed to accumulate to a minimum
available leave of 180 days at full pay, including the leave of the current
year. Sick leave shall be interpreted to mean personal illness, mental or behavioral health complications, quarantine
at home, or serious illness or death in the immediate family or household.
The school board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or, if the treatment
is by prayer or spiritual means, a spiritual adviser or
practitioner of the teacher's or employee's faith as a basis for pay during leave after
an absence of 3 days for personal illness or as the school board may deem necessary in
other cases. If the school board does require a
certificate
as a basis for pay during leave of
less than 3 days for personal illness, the school board shall pay, from school funds, the
expenses incurred by the teachers or other employees in obtaining the certificate.
Sick leave shall also be interpreted to mean birth, adoption, placement for adoption, and the acceptance of a child in need of foster care. Teachers and other employees to which this Section applies are entitled to use up to 30 days of paid sick leave because of the birth of a child that is not dependent on the need to recover from childbirth. Paid sick leave because of the birth of a child may be used absent medical certification for up to 30 working school days, which days may be used at any time within the 12-month period following the birth of the child. The use of up to 30 working school days of paid sick leave because of the birth of a child may not be diminished as a result of any intervening period of nonworking days or school not being in session, such as for summer, winter, or spring break or holidays, that may occur during the use of the paid sick leave. For paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care, the school board may require that the teacher or other employee to which this Section applies provide evidence that the formal adoption process or the formal foster care process is underway, and such sick leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative. Paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care need not be used consecutively once the formal adoption process or the formal foster care process is underway, and such sick leave may be used for reasons related to the formal adoption process or the formal foster care process prior to taking custody of the child or accepting the child in need of foster care, in addition to using such sick leave upon taking custody of the child or accepting the child in need of foster care. If, by reason of any change in the boundaries of school districts, or by
reason of the creation of a new school district, the employment of a
teacher is transferred to a new or different board, the accumulated sick
leave of such teacher is not thereby lost, but is transferred to such new
or different district.
Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 10-20.83 of this Code, if: (1) the sick leave was taken because the teacher or | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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(2) the sick leave was taken to care for a child of | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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For purposes of return of sick leave used in the 2021-2022 school year pursuant this Section, an "employee" is a teacher or employee employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697). Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 10-20.83 of this Code no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 10-20.83 of this Code, at the time the sick leave was returned to the teacher or employee. For purposes of this Section, "immediate family" shall include parents,
spouse, brothers, sisters, children, grandparents, grandchildren,
parents-in-law, brothers-in-law, sisters-in-law, and legal guardians.
(Source: P.A. 102-275, eff. 8-6-21; 102-697, eff. 4-5-22; 102-866, eff. 5-13-22; 103-154, eff. 6-30-23.)
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(105 ILCS 5/24-6.1) (from Ch. 122, par. 24-6.1)
Sec. 24-6.1.
Sabbatical leave.
Every school board may grant a sabbatical leave of absence to a teacher,
principal or superintendent performing contractual continued service, for a
period of at least 4 school months but not in excess of one school term,
for resident study, research, travel or other purposes designed to improve
the school system. The grant of a sabbatical leave by a school board shall
constitute a finding that the leave is deemed to benefit the school system
by improving the quality and level of experience of the teaching force.
This leave may be granted after completion of at least 6 years of
satisfactory service as a full time teacher, principal or superintendent
and may again be granted after completion of a subsequent period of 6 years
of such service. However, 2 sabbatical leaves, each consisting of at least
4 months but totaling no more than the equivalent of one school year, may
be granted within a 6 year period. A leave granted for a period of one
school year or less
shall bar a further sabbatical leave until completion of 6 years additional
satisfactory service, except that 2 leaves which total no more than the
equivalent of one school year shall bar a further sabbatical leave only
until the completion of 6 years additional satisfactory service following
the completion of the first such leave. The leave shall be conditional
upon a plan for
resident study, research, travel or other activities proposed by the
applicant and deemed by the board to benefit the school system, which plan
shall be approved by the board and not thereafter modified without the
approval of the board.
Before a leave is granted pursuant to this Section, the applicant shall
agree in writing that if at the expiration of such leave he does not return
to and perform contractual continued service in the district for at least
one school year after his return, all sums of money received from the board
during his sabbatical leave will be refunded to the board unless such
return and performance is prevented by illness or incapacity.
During absence pursuant to such leave, such teacher, principal or
superintendent shall receive the same basic salary as if in actual service,
except that there may be deducted therefrom an amount equivalent to the
amount payable for substitute service. However, such salary after deduction
for substitute service shall in no case be less than the minimum provided
by Section 24-8 of this Act or 1/2 of the basic salary, whichever is
greater. The person on leave shall not engage in any activity for which
salary or compensation is paid unless the activity is directly related to
the purpose for which the leave is granted and is approved by the board. A
sabbatical leave may be granted to enable the applicant, if otherwise
eligible, to accept scholarships for study or research. Unless justified by
illness or incapacity, failure of any person granted a leave under this
Section to devote the entire period to the purposes for which the leave was
granted shall constitute a cause for removal from teaching service.
Upon expiration of a leave granted pursuant to this Section, and upon
presentation of evidence satisfactory to the board showing compliance with
the conditions of the leave, the teacher, principal or superintendent shall
be returned to a position equivalent to that formerly occupied. The
contractual continued service status of the person on sabbatical leave
shall not be affected.
Absence during a leave granted pursuant to this Section shall not be
construed as a discontinuance of service for any purpose, including
progression on the salary schedule if one is in effect in the district. The
board shall pay the contribution to the Teachers' Retirement System
required of the person on leave computed on the annual full-time salary
rate under which the member last received earnings immediately prior to the
leave or a proportionate part of such rate for a partial year of sabbatical
leave credit.
This Section in no way limits the power of the board to grant leaves for
other purposes.
(Source: P.A. 83-186.)
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(105 ILCS 5/24-6.2) (from Ch. 122, par. 24-6.2)
Sec. 24-6.2.
Association president leave.
Each school board shall grant
paid leaves of absence to the local association president of a state teacher
association that is an exclusive bargaining agent in the district, or his
or her teacher designee, for the purpose of attending meetings, workshops
or seminars designated by the State Board of Education, the regional superintendent
of schools, the general superintendent of schools in a school district subject
to the provisions of Article 34, or the superintendent of schools in any
school district having a population of less than 500,000 inhabitants to
deal with issues arising
from the education reform legislation of the 84th General Assembly.
(Source: P.A. 84-1401.)
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(105 ILCS 5/24-6.3) (from Ch. 122, par. 24-6.3)
Sec. 24-6.3. Retirement trustee leave. (a) Each school board
employing a teacher who is an elected trustee of the Teachers' Retirement
System of the State of Illinois shall make available to the elected trustee
at least 20 days of paid leave of absence per year for the purpose of
attending meetings of the System's Board of Trustees, committee meetings of
such Board, and seminars regarding issues for which such Board is
responsible. The Teachers' Retirement System of the State of Illinois shall
reimburse affected school districts for the actual cost of hiring a
substitute teacher during such leaves of absence.
(b) Each school board employing an employee who is an elected trustee of the Illinois Municipal Retirement Fund shall make available to the elected trustee at least 20 days of paid leave of absence per year for the purpose of attending meetings of the Fund's Board of Trustees, committee meetings of the Board of Trustees, and seminars regarding issues for which the Board of Trustees is responsible. The Illinois Municipal Retirement Fund may reimburse affected school districts for the actual cost of hiring a substitute employee during such leaves of absence. (c) The school board established under Article 34 and employers under Article 17 of the Illinois Pension Code shall make available to each active teacher who is an elected trustee of the Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago established under Article 17 of the Illinois Pension Code up to 22 days of paid leave of absence per year for the purpose of attending meetings of the Board of Trustees, committee meetings of the Board of Trustees, and seminars regarding issues for which the Board of Trustees is responsible. The allocation of the days of paid leave shall be at the discretion of the Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago. (Source: P.A. 103-552, eff. 8-11-23.)
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(105 ILCS 5/24-6.4) Sec. 24-6.4. Family and medical leave coverage. A school district employee who has been employed by the school district for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22.) |
(105 ILCS 5/24-7) (from Ch. 122, par. 24-7)
Sec. 24-7.
Discrimination on account of sex.
In fixing salaries of certificated employees school boards shall make no
discrimination on account of sex.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-8) (from Ch. 122, par. 24-8)
Sec. 24-8. Minimum salary. In fixing the salaries of teachers, school boards shall pay those who
serve on a full-time basis not less than a rate for the school year that
is based upon training completed in a recognized institution of higher
learning, as follows: for the school year beginning July 1, 1980 and
until the 2020-2021 school year, less than a bachelor's degree, $9,000; 120 semester hours or
more and a bachelor's degree, $10,000; 150 semester hours or more and a
master's degree, $11,000. In fixing the salaries of teachers, a school board shall pay those who serve on a full-time basis a rate not less than (i) $32,076 for the 2020-2021 school year, (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 school year. The minimum salary rate for each school year thereafter shall equal the minimum salary rate for the previous school year increased by a percentage equal to the annualized percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12-month period ending on June 30 of the school year that ended 12 months prior to the school year in which the adjusted salary is to be in effect.
In accordance with this Section, the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2024-2025 school year no later than September 30, 2023. By no later than July 20, 2024 and annually on or before each July 20 thereafter, the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for each school year after the 2024-2025 school year in accordance with this Section. Based upon previous public school
experience in this State or any other state, territory, dependency or
possession of the United States, or in schools operated by or under the
auspices of the United States, teachers who serve on a full-time basis
shall have their salaries increased to at least the following amounts
above the starting salary for a teacher in such district in the same
classification: with less than a bachelor's degree, $750 after 5 years;
with 120 semester hours or more and a bachelor's degree, $1,000 after 5
years and $1,600 after 8 years; with 150 semester hours or more and a master's
degree, $1,250 after 5 years, $2,000 after 8 years and $2,750 after 13 years.
For the purpose of this Section a teacher's salary shall include any amount
paid by the school district on behalf of the teacher, as teacher contributions,
to the Teachers' Retirement System of the State of Illinois.
If a school board establishes a schedule for teachers' salaries based
on education and experience, not inconsistent with this Section, all certificated
nurses employed by that board shall be paid in accordance with the provisions
of such schedule.
For purposes of this Section, a teacher who submits a certificate of
completion to the school office prior to the first day of the school
term shall be considered to have the degree stated in such certificate.
(Source: P.A. 103-515, eff. 8-11-23.)
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(105 ILCS 5/24-8.5) Sec. 24-8.5. Student teacher; salary. Each school district may provide a salary to a student teacher employed by the district. A school district may fix the amount of salary to pay a student teacher under this Section.
(Source: P.A. 101-220, eff. 8-7-19.) |
(105 ILCS 5/24-9) (from Ch. 122, par. 24-9)
Sec. 24-9.
Teachers duty free lunch period.
Every teacher in any school house where 2 or more teachers are employed
whose duties require attendance at the school for 4 or more clock hours in
any school day shall be entitled to and be allowed a duty free lunch period
equal to the regular local school lunch period but not less than 30 minutes
in each school day.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School Inspectors -
Contractual continued service. (a) As used in this and the succeeding
Sections of this Article:
"Teacher" means any or all school district employees regularly required to be licensed
under laws relating to the licensure of teachers.
"Board" means board of directors, board of education, or board of school
inspectors, as the case may be.
"School term" means that portion of the school year, July 1 to the following
June 30, when school is in actual session.
"Program" means a program of a special education joint agreement. "Program of a special education joint agreement" means instructional, consultative, supervisory, administrative, diagnostic, and related services that are managed by a special educational joint agreement designed to service 2 or more school districts that are members of the joint agreement. "PERA implementation date" means the implementation date of an evaluation system for teachers as specified by Section 24A-2.5 of this Code for all schools within a school district or all programs of a special education joint agreement. (b) This Section and Sections 24-12 through 24-16 of this Article apply only to
school districts having less than 500,000 inhabitants.
(c) Any teacher who is first employed as a full-time teacher in a school district or program prior to the PERA implementation date and who is employed in that district or program for
a probationary period of 4 consecutive school terms shall enter upon
contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by
the employing board at least 45 days before the end of any school term within such
period.
(d) For any teacher who is first employed as a full-time teacher in a school district or program on or after the PERA implementation date but before July 1, 2023, the probationary period shall be one of the following periods, based upon the teacher's school terms of service and performance, before the teacher shall enter upon contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by the employing board on or before April 15: (1) 4 consecutive school terms of service in which | ||
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(2) 3 consecutive school terms of service in which | ||
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(3) 2 consecutive school terms of service in which | ||
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If the teacher does not receive overall annual evaluations of "Excellent" in the school terms necessary for eligibility to achieve accelerated contractual continued service in subdivisions (2) and (3) of this subsection (d), the teacher shall be eligible for contractual continued service pursuant to subdivision (1) of this subsection (d). If, at the conclusion of 4 consecutive school terms of service that count toward attainment of contractual continued service, the teacher's performance does not qualify the teacher for contractual continued service under subdivision (1) of this subsection (d), then the teacher shall not enter upon contractual continued service and shall be dismissed. If a performance evaluation is not conducted for any school term when such evaluation is required to be conducted under Section 24A-5 of this Code, then the teacher's performance evaluation rating for such school term for purposes of determining the attainment of contractual continued service shall be deemed "Proficient", except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to "Proficient" does not apply to any teacher who has entered into contractual continued service and who was deemed "Excellent" on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed "Excellent", and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed "Excellent". A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. (d-5) For any teacher who is first employed as a full-time teacher in a school district or program on or after July 1, 2023, the probationary period shall be one of the following periods, based upon the teacher's school terms of service and performance, before the teacher shall enter upon contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by the employing board on or before April 15: (1) 3 consecutive school terms of service in which | ||
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(2) 2 consecutive school terms of service in which | ||
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(3) 2 consecutive school terms of service in which | ||
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If the teacher does not receive overall annual evaluations of "Excellent" in the school terms necessary for eligibility to achieve accelerated contractual continued service in subdivisions (2) and (3) of this subsection (d), the teacher shall be eligible for contractual continued service pursuant to subdivision (1) of this subsection (d). If, at the conclusion of 3 consecutive school terms of service that count toward attainment of contractual continued service, the teacher's performance does not qualify the teacher for contractual continued service under subdivision (1) of this subsection (d), then the teacher shall not enter upon contractual continued service and shall be dismissed. If a performance evaluation is not conducted for any school term when such evaluation is required to be conducted under Section 24A-5 of this Code, then the teacher's performance evaluation rating for such school term for purposes of determining the attainment of contractual continued service shall be deemed "Proficient", except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to "Proficient" does not apply to any teacher who has entered into contractual continued service and who was deemed "Excellent" on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed "Excellent", and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed "Excellent". A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. (e) For the purposes of determining contractual continued service, a school term shall be counted only toward attainment of contractual continued service if the teacher actually teaches or is otherwise present and participating in the district's or program's educational program for 120 days or more, provided that the days of leave under the federal Family Medical Leave Act that the teacher is required to take until the end of the school term shall be considered days of teaching or participation in the district's or program's educational program. A school term that is not counted toward attainment of contractual continued service shall not be considered a break in service for purposes of determining whether a teacher has been employed for consecutive school terms, provided that the teacher actually teaches or is otherwise present and participating in the district's or program's educational program in the following school term. (f) If the employing board determines to dismiss the teacher in the last year of the probationary period as provided in subsection (c) of this Section or subdivision (1) or (2) of subsection (d) of this Section or subdivision (1) or (2) of subsection (d-5) of this Section, but not subdivision (3) of subsection (d) of this Section or subdivision (3) of subsection (d-5) of this Section, the written notice of dismissal provided by the employing board must contain specific reasons for dismissal. Any full-time teacher who does not receive written notice from the employing board on or before April 15 as provided in this Section and whose performance does not require dismissal after the fourth probationary year pursuant to subsection (d) of this Section or the third probationary year pursuant to subsection (d-5) of this Section shall be re-employed for the following school term.
(g) Contractual continued service shall continue in effect the terms and
provisions of the contract with the teacher during the last school term
of the probationary period, subject to this Act and the lawful
regulations of the employing board. This Section and succeeding Sections
do not modify any existing power of the board except with respect to the
procedure of the discharge of a teacher and reductions in salary as
hereinafter provided. Contractual continued service status shall not
restrict the power of the board to transfer a teacher to a position
which the teacher is qualified to fill or to make such salary
adjustments as it deems desirable, but unless reductions in salary are
uniform or based upon some reasonable classification, any teacher whose
salary is reduced shall be entitled to a notice and a hearing as
hereinafter provided in the case of certain dismissals or removals.
(h) If, by reason of any change in the boundaries of school districts, by reason of a special education cooperative reorganization or dissolution in accordance with Section 10-22.31 of this Code, or by reason of the creation of a new school district, the position held by any teacher having a contractual continued service status is transferred from one board to the control of a new or different board, then the contractual continued service status of the teacher is not thereby lost, and such new or different board is subject to this Code with respect to the teacher in the same manner as if the teacher were its employee and had been its employee during the time the teacher was actually employed by the board from whose control the position was transferred. (i) The employment of any teacher in a program of a special education joint
agreement established under Section 3-15.14, 10-22.31 or 10-22.31a shall be governed by
this and succeeding Sections of this Article. For purposes of
attaining and maintaining contractual continued service and computing
length of continuing service as referred to in this Section and Section
24-12, employment in a special educational joint program shall be deemed a
continuation of all previous licensed employment of such teacher for
such joint agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the participating
districts in the joint agreement.
(j) For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of a reduction in the number of programs or positions in the joint agreement in which the notice of dismissal is provided on or before the end of the 2010-2011 school term, the teacher in contractual continued service is eligible for employment in the joint agreement programs for which the teacher is legally qualified in order of greater length of continuing service in the joint agreement, unless an alternative method of determining the sequence of dismissal is established in a collective bargaining agreement. For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of a reduction in the number of programs or positions in the joint agreement in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term, the teacher shall be included on the honorable dismissal lists of all joint agreement programs for positions for which the teacher is qualified and is eligible for employment in such programs in accordance with subsections (b) and (c) of Section 24-12 of this Code and the applicable honorable dismissal policies of the joint agreement. (k) For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of the dissolution of a joint agreement, in which the notice to teachers of the dissolution is provided during the 2010-2011 school term, the teacher in contractual continued service who is legally qualified shall be assigned to any comparable position in a member district currently held by a teacher who has not entered upon contractual continued service or held by a teacher who has entered upon contractual continued service with a shorter length of contractual continued service. Any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of the dissolution of a joint agreement in which the notice to teachers of the dissolution is provided during the 2011-2012 school term or a subsequent school term, the teacher who is qualified shall be included on the order of honorable dismissal lists of each member district and shall be assigned to any comparable position in any such district in accordance with subsections (b) and (c) of Section 24-12 of this Code and the applicable honorable dismissal policies of each member district.
(l) The governing board of the joint agreement, or the administrative
district, if so authorized by the articles of agreement of the joint
agreement, rather than the board of education of a school district, may
carry out employment and termination actions including dismissals under
this Section and Section 24-12.
(m) The employment of any teacher in a special education program
authorized by Section 14-1.01 through 14-14.01, or a joint educational
program established under Section 10-22.31a, shall be under this and the
succeeding Sections of this Article, and such employment shall be deemed
a continuation of the previous employment of such teacher in any of the
participating districts, regardless of the participation of other
districts in the program. (n) Any teacher employed as a full-time teacher in
a special education program prior to September 23, 1987 in which 2 or
more school districts
participate for a probationary period of 2 consecutive years shall enter
upon contractual continued service in each of the participating
districts, subject to this and the succeeding Sections of this Article,
and, notwithstanding Section 24-1.5 of this Code, in the event of the termination of the program shall be eligible for
any vacant position in any of such districts for which such teacher is
qualified.
(Source: P.A. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22; 103-500, eff. 8-4-23.)
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(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
(Text of Section from P.A. 103-354)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service. (a) This subsection (a) applies only to honorable dismissals and recalls in which the notice of dismissal is provided on or before the end of the 2010-2011 school term. If a teacher in contractual continued service is
removed or dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue some
particular type of teaching service, written notice shall be mailed to the
teacher and also given the
teacher either by certified mail, return receipt requested or
personal delivery with receipt at least 60
days before
the end of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the board shall
first remove or dismiss all teachers who have not entered upon contractual
continued service before removing or dismissing any teacher who has entered
upon contractual continued service and who is legally qualified to hold a
position currently held by a teacher who has not entered upon contractual
continued service. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter length of
continuing service with the district 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 a professional faculty members' organization 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. Any teacher
dismissed as a result of such decrease or discontinuance shall be paid
all earned compensation on or before the third business day following
the last day of pupil attendance in the regular school term. 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 shall be tendered to the teachers
so removed or dismissed so far as they are legally qualified to hold
such positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of the number of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school term or within
2 calendar years from the beginning of the following
school term, the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever they are
legally qualified to hold such positions. Each board shall, in consultation
with any exclusive employee representatives, each year establish a list,
categorized by positions, showing the length of continuing service of each
teacher 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 on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon economic
necessity exceeds 5, or 150% of the average number of teachers honorably
dismissed in the preceding 3 years, whichever is more, then the board also
shall hold a public hearing on the question of the dismissals. Following
the hearing and board review, the action to approve any such reduction shall
require a majority vote of the board members.
(b) This subsection (b) applies only to honorable dismissals and recalls in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term. If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt at least 45 days before the end of the school term, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b); except that this subsection (b) shall not impair the operation of any affirmative action program in the school district, regardless of whether it exists by operation of law or is conducted on a voluntary basis by the board. Each teacher must be categorized into one or more positions for which the teacher is qualified to hold, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the school year during which the sequence of dismissal is determined. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is | ||
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(2) Grouping 2 shall consist of each teacher with a | ||
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(3) Grouping 3 shall consist of each teacher with a | ||
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(4) Grouping 4 shall consist of each teacher whose | ||
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Among teachers qualified to hold a position, teachers must be dismissed in the order of their groupings, with teachers in grouping one dismissed first and teachers in grouping 4 dismissed last. Within grouping one, the sequence of dismissal must be at the discretion of the school district or joint agreement. Within grouping 2, the sequence of dismissal must be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following numerical values: 4 for Excellent; 3 for Proficient or Satisfactory; 2 for Needs Improvement; and 1 for Unsatisfactory. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must 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 a professional faculty members' organization. Each board, including the governing board of a joint agreement, shall, in consultation with any exclusive employee representatives, each year establish a sequence of honorable dismissal list categorized by positions and the groupings defined in this subsection (b). Copies of the list showing each teacher by name and categorized by positions and the groupings defined in this subsection (b) must be distributed to the exclusive bargaining representative at least 75 days before the end of the school term, provided that the school district or joint agreement may, with notice to any exclusive employee representatives, move teachers from grouping one into another grouping during the period of time from 75 days until 45 days before the end of the school term. Each year, each board shall also establish, in consultation with any exclusive employee representatives, a list showing the length of continuing service of each teacher 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 must be made in accordance with the alternative method. Copies of the list must be distributed to the exclusive employee representative at least 75 days before the end of the school term. Any teacher dismissed as a result of such decrease or discontinuance must be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the board or joint agreement 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 must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term. If the board or joint agreement has any vacancies within the period from the beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available. On and after July 1, 2014 (the effective date of Public Act 98-648), the preceding sentence shall apply to teachers removed or dismissed by honorable dismissal, even if notice of honorable dismissal occurred during the 2013-2014 school year. Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Whenever the number of honorable dismissal notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals. Following the hearing and board review, the action to approve any such reduction shall require a majority vote of the board members. For purposes of this subsection (b), subject to agreement on an alternative definition reached by the joint committee described in subsection (c) of this Section, a teacher's performance evaluation rating means the overall performance evaluation rating resulting from an annual or biennial performance evaluation conducted pursuant to Article 24A of this Code by the school district or joint agreement determining the sequence of dismissal, not including any performance evaluation conducted during or at the end of a remediation period. No more than one evaluation rating each school term shall be one of the evaluation ratings used for the purpose of determining the sequence of dismissal. Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal. Averaging ratings from multiple evaluations is not permitted unless otherwise agreed to in a collective bargaining agreement or contract between the board and a professional faculty members' organization. The preceding 3 sentences are not a legislative declaration that existing law does or does not already require that only one performance evaluation each school term shall be used for the purpose of determining the sequence of dismissal. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal list, notwithstanding any laws prohibiting disclosure of such information. A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures relating to the performance evaluation. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient, except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to Proficient does not apply to any teacher who has entered into contractual continued service and who was deemed Excellent on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent. A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. If a performance evaluation rating is nullified as the result of an arbitration, administrative agency, or court determination, then the school district or joint agreement is deemed to have conducted a performance evaluation for that school year, but the performance evaluation rating may not be used in determining the sequence of dismissal. Nothing in this subsection (b) shall be construed as limiting the right of a school board or governing board of a joint agreement to dismiss a teacher not in contractual continued service in accordance with Section 24-11 of this Code. Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such agreement or June 30, 2013, whichever is earlier. (c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section. (1) The joint committee must consider and may agree | ||
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(2) The joint committee must consider and may agree | ||
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(3) The joint committee may agree to including within | ||
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(4) For each school district or joint agreement that | ||
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(5) Upon request by a joint committee member | ||
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Agreement by the joint committee as to a matter requires the majority vote of all committee members, and if the joint committee does not reach agreement on a matter, then the otherwise applicable requirements of subsection (b) of this Section shall apply. Except as explicitly set forth in this subsection (c), a joint committee has no authority to agree to any further modifications to the requirements for honorable dismissals set forth in subsection (b) of this Section.
The joint committee must be established, and the first meeting of the joint committee each school year must occur on or before December 1. The joint committee must reach agreement on a matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal determined during that school year. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection (c). (d) Notwithstanding anything to the contrary in this subsection (d), the requirements and dismissal procedures of Section 24-16.5 of this Code shall apply to any dismissal sought under Section 24-16.5 of this Code. (1) If a dismissal of a teacher in contractual | ||
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Before setting a hearing on charges stemming from | ||
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If, in the opinion of the board, the interests of the | ||
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(2) No hearing upon the charges is required unless | ||
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(3) Within 5 business days after receiving a notice | ||
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If notice to the teacher was sent before July 1, 2012 | ||
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If the teacher has requested a hearing before a | ||
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A hearing officer mutually selected by the parties, | ||
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Any hearing convened during a public health emergency | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(4) In the alternative to selecting a hearing | ||
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(5) If the notice of dismissal was sent to the | ||
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(6) The teacher is required to answer the bill of | ||
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Each party shall have no more than 3 days to present | ||
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(6.5) In the case of charges involving any witness | ||
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(7) The hearing officer shall, within 30 days from | ||
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(8) The school board, within 45 days after receipt | ||
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If the school board dismisses the teacher | ||
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If the school board retains the teacher, the school | ||
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(9) The decision of the hearing officer pursuant to | ||
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(10) If a decision of the hearing officer for | ||
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Any teacher who is reinstated by any hearing or | ||
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(11) Subject to any later effective date referenced | ||
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(e) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24.)
(Text of Section from P.A. 103-398)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service. (a) This subsection (a) applies only to honorable dismissals and recalls in which the notice of dismissal is provided on or before the end of the 2010-2011 school term. If a teacher in contractual continued service is
removed or dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue some
particular type of teaching service, written notice shall be mailed to the
teacher and also given the
teacher either by certified mail, return receipt requested or
personal delivery with receipt at least 60
days before
the end of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the board shall
first remove or dismiss all teachers who have not entered upon contractual
continued service before removing or dismissing any teacher who has entered
upon contractual continued service and who is legally qualified to hold a
position currently held by a teacher who has not entered upon contractual
continued service. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter length of
continuing service with the district 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 a professional faculty members' organization 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. Any teacher
dismissed as a result of such decrease or discontinuance shall be paid
all earned compensation on or before the third business day following
the last day of pupil attendance in the regular school term. 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 shall be tendered to the teachers
so removed or dismissed so far as they are legally qualified to hold
such positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of the number of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school term or within
2 calendar years from the beginning of the following
school term, the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever they are
legally qualified to hold such positions. Each board shall, in consultation
with any exclusive employee representatives, each year establish a list,
categorized by positions, showing the length of continuing service of each
teacher 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 on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon economic
necessity exceeds 5, or 150% of the average number of teachers honorably
dismissed in the preceding 3 years, whichever is more, then the board also
shall hold a public hearing on the question of the dismissals. Following
the hearing and board review, the action to approve any such reduction shall
require a majority vote of the board members.
(b) This subsection (b) applies only to honorable dismissals and recalls in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term. If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt at least 45 days before the end of the school term, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b); except that this subsection (b) shall not impair the operation of any affirmative action program in the school district, regardless of whether it exists by operation of law or is conducted on a voluntary basis by the board. Each teacher must be categorized into one or more positions for which the teacher is qualified to hold, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the school year during which the sequence of dismissal is determined. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is | ||
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(2) Grouping 2 shall consist of each teacher with a | ||
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(3) Grouping 3 shall consist of each teacher with a | ||
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(4) Grouping 4 shall consist of each teacher whose | ||
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Among teachers qualified to hold a position, teachers must be dismissed in the order of their groupings, with teachers in grouping one dismissed first and teachers in grouping 4 dismissed last. Within grouping one, the sequence of dismissal must be at the discretion of the school district or joint agreement. Within grouping 2, the sequence of dismissal must be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following numerical values: 4 for Excellent; 3 for Proficient or Satisfactory; 2 for Needs Improvement; and 1 for Unsatisfactory. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must 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 a professional faculty members' organization. Each board, including the governing board of a joint agreement, shall, in consultation with any exclusive employee representatives, each year establish a sequence of honorable dismissal list categorized by positions and the groupings defined in this subsection (b). Copies of the list showing each teacher by name, along with the race or ethnicity of the teacher if provided by the teacher, and categorized by positions and the groupings defined in this subsection (b) must be distributed to the exclusive bargaining representative at least 75 days before the end of the school term, provided that the school district or joint agreement may, with notice to any exclusive employee representatives, move teachers from grouping one into another grouping during the period of time from 75 days until 45 days before the end of the school term. Each year, each board shall also establish, in consultation with any exclusive employee representatives, a list showing the length of continuing service of each teacher 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 must be made in accordance with the alternative method. Copies of the list must be distributed to the exclusive employee representative at least 75 days before the end of the school term. Any teacher dismissed as a result of such decrease or discontinuance must be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the board or joint agreement 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 must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term. If the board or joint agreement has any vacancies within the period from the beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available. On and after July 1, 2014 (the effective date of Public Act 98-648), the preceding sentence shall apply to teachers removed or dismissed by honorable dismissal, even if notice of honorable dismissal occurred during the 2013-2014 school year. Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Whenever the number of honorable dismissal notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals. Following the hearing and board review, the action to approve any such reduction shall require a majority vote of the board members. For purposes of this subsection (b), subject to agreement on an alternative definition reached by the joint committee described in subsection (c) of this Section, a teacher's performance evaluation rating means the overall performance evaluation rating resulting from an annual or biennial performance evaluation conducted pursuant to Article 24A of this Code by the school district or joint agreement determining the sequence of dismissal, not including any performance evaluation conducted during or at the end of a remediation period. No more than one evaluation rating each school term shall be one of the evaluation ratings used for the purpose of determining the sequence of dismissal. Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal. Averaging ratings from multiple evaluations is not permitted unless otherwise agreed to in a collective bargaining agreement or contract between the board and a professional faculty members' organization. The preceding 3 sentences are not a legislative declaration that existing law does or does not already require that only one performance evaluation each school term shall be used for the purpose of determining the sequence of dismissal. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal list, notwithstanding any laws prohibiting disclosure of such information. A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures relating to the performance evaluation. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient, except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to Proficient does not apply to any teacher who has entered into contractual continued service and who was deemed Excellent on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent. A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. If a performance evaluation rating is nullified as the result of an arbitration, administrative agency, or court determination, then the school district or joint agreement is deemed to have conducted a performance evaluation for that school year, but the performance evaluation rating may not be used in determining the sequence of dismissal. Nothing in this subsection (b) shall be construed as limiting the right of a school board or governing board of a joint agreement to dismiss a teacher not in contractual continued service in accordance with Section 24-11 of this Code. Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such agreement or June 30, 2013, whichever is earlier. (c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section. (1) The joint committee must consider and may agree | ||
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(2) The joint committee must consider and may agree | ||
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(3) The joint committee may agree to including within | ||
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(4) For each school district or joint agreement that | ||
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(5) Upon request by a joint committee member | ||
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Agreement by the joint committee as to a matter requires the majority vote of all committee members, and if the joint committee does not reach agreement on a matter, then the otherwise applicable requirements of subsection (b) of this Section shall apply. Except as explicitly set forth in this subsection (c), a joint committee has no authority to agree to any further modifications to the requirements for honorable dismissals set forth in subsection (b) of this Section.
The joint committee must be established, and the first meeting of the joint committee each school year must occur on or before December 1. The joint committee must reach agreement on a matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal determined during that school year. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection (c). (d) Notwithstanding anything to the contrary in this subsection (d), the requirements and dismissal procedures of Section 24-16.5 of this Code shall apply to any dismissal sought under Section 24-16.5 of this Code. (1) If a dismissal of a teacher in contractual | ||
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Before setting a hearing on charges stemming from | ||
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If, in the opinion of the board, the interests of the | ||
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(2) No hearing upon the charges is required unless | ||
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(3) Within 5 business days after receiving a notice | ||
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If notice to the teacher was sent before July 1, 2012 | ||
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If the teacher has requested a hearing before a | ||
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A hearing officer mutually selected by the parties, | ||
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Any hearing convened during a public health emergency | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(4) In the alternative to selecting a hearing | ||
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(5) If the notice of dismissal was sent to the | ||
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(6) The teacher is required to answer the bill of | ||
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Each party shall have no more than 3 days to present | ||
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(6.5) In the case of charges involving sexual abuse | ||
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(7) The hearing officer shall, within 30 days from | ||
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(8) The school board, within 45 days after receipt | ||
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If the school board dismisses the teacher | ||
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If the school board retains the teacher, the school | ||
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(9) The decision of the hearing officer pursuant to | ||
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(10) If a decision of the hearing officer for | ||
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Any teacher who is reinstated by any hearing or | ||
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(11) Subject to any later effective date referenced | ||
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(e) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-398, eff. 1-1-24.)
(Text of Section from P.A. 103-500)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service. (a) This subsection (a) applies only to honorable dismissals and recalls in which the notice of dismissal is provided on or before the end of the 2010-2011 school term. If a teacher in contractual continued service is
removed or dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue some
particular type of teaching service, written notice shall be mailed to the
teacher and also given the
teacher either by certified mail, return receipt requested or
personal delivery with receipt at least 60
days before
the end of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the board shall
first remove or dismiss all teachers who have not entered upon contractual
continued service before removing or dismissing any teacher who has entered
upon contractual continued service and who is legally qualified to hold a
position currently held by a teacher who has not entered upon contractual
continued service. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter length of
continuing service with the district 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 a professional faculty members' organization 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. Any teacher
dismissed as a result of such decrease or discontinuance shall be paid
all earned compensation on or before the third business day following
the last day of pupil attendance in the regular school term. 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 shall be tendered to the teachers
so removed or dismissed so far as they are legally qualified to hold
such positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of the number of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school term or within
2 calendar years from the beginning of the following
school term, the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever they are
legally qualified to hold such positions. Each board shall, in consultation
with any exclusive employee representatives, each year establish a list,
categorized by positions, showing the length of continuing service of each
teacher 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 on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon economic
necessity exceeds 5, or 150% of the average number of teachers honorably
dismissed in the preceding 3 years, whichever is more, then the board also
shall hold a public hearing on the question of the dismissals. Following
the hearing and board review, the action to approve any such reduction shall
require a majority vote of the board members.
(b) If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt on or before April 15, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b); except that this subsection (b) shall not impair the operation of any affirmative action program in the school district, regardless of whether it exists by operation of law or is conducted on a voluntary basis by the board. Each teacher must be categorized into one or more positions for which the teacher is qualified to hold, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the school year during which the sequence of dismissal is determined. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is | ||
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(2) Grouping 2 shall consist of each teacher with a | ||
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(3) Grouping 3 shall consist of each teacher with a | ||
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(4) Grouping 4 shall consist of each teacher whose | ||
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Among teachers qualified to hold a position, teachers must be dismissed in the order of their groupings, with teachers in grouping one dismissed first and teachers in grouping 4 dismissed last. Within grouping one, the sequence of dismissal must be at the discretion of the school district or joint agreement. Within grouping 2, the sequence of dismissal must be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following numerical values: 4 for Excellent; 3 for Proficient or Satisfactory; 2 for Needs Improvement; and 1 for Unsatisfactory. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must 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 a professional faculty members' organization. Each board, including the governing board of a joint agreement, shall, in consultation with any exclusive employee representatives, each year establish a sequence of honorable dismissal list categorized by positions and the groupings defined in this subsection (b). Copies of the list showing each teacher by name and categorized by positions and the groupings defined in this subsection (b) must be distributed to the exclusive bargaining representative at least 75 days before the end of the school term, provided that the school district or joint agreement may, with notice to any exclusive employee representatives, move teachers from grouping one into another grouping during the period of time from 75 days until April 15. Each year, each board shall also establish, in consultation with any exclusive employee representatives, a list showing the length of continuing service of each teacher 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 must be made in accordance with the alternative method. Copies of the list must be distributed to the exclusive employee representative at least 75 days before the end of the school term. Any teacher dismissed as a result of such decrease or discontinuance must be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the board or joint agreement 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 must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term. If the board or joint agreement has any vacancies within the period from the beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available. On and after July 1, 2014 (the effective date of Public Act 98-648), the preceding sentence shall apply to teachers removed or dismissed by honorable dismissal, even if notice of honorable dismissal occurred during the 2013-2014 school year. Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Whenever the number of honorable dismissal notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals. Following the hearing and board review, the action to approve any such reduction shall require a majority vote of the board members. For purposes of this subsection (b), subject to agreement on an alternative definition reached by the joint committee described in subsection (c) of this Section, a teacher's performance evaluation rating means the overall performance evaluation rating resulting from an annual or biennial performance evaluation conducted pursuant to Article 24A of this Code by the school district or joint agreement determining the sequence of dismissal, not including any performance evaluation conducted during or at the end of a remediation period. No more than one evaluation rating each school term shall be one of the evaluation ratings used for the purpose of determining the sequence of dismissal. Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal. Averaging ratings from multiple evaluations is not permitted unless otherwise agreed to in a collective bargaining agreement or contract between the board and a professional faculty members' organization. The preceding 3 sentences are not a legislative declaration that existing law does or does not already require that only one performance evaluation each school term shall be used for the purpose of determining the sequence of dismissal. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal list, notwithstanding any laws prohibiting disclosure of such information. A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures relating to the performance evaluation. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient, except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to Proficient does not apply to any teacher who has entered into contractual continued service and who was deemed Excellent on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent. A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. If a performance evaluation rating is nullified as the result of an arbitration, administrative agency, or court determination, then the school district or joint agreement is deemed to have conducted a performance evaluation for that school year, but the performance evaluation rating may not be used in determining the sequence of dismissal. Nothing in this subsection (b) shall be construed as limiting the right of a school board or governing board of a joint agreement to dismiss a teacher not in contractual continued service in accordance with Section 24-11 of this Code. Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such agreement or June 30, 2013, whichever is earlier. (c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section. (1) The joint committee must consider and may agree | ||
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(2) The joint committee must consider and may agree | ||
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(3) The joint committee may agree to including within | ||
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(4) For each school district or joint agreement that | ||
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(5) Upon request by a joint committee member | ||
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Agreement by the joint committee as to a matter requires the majority vote of all committee members, and if the joint committee does not reach agreement on a matter, then the otherwise applicable requirements of subsection (b) of this Section shall apply. Except as explicitly set forth in this subsection (c), a joint committee has no authority to agree to any further modifications to the requirements for honorable dismissals set forth in subsection (b) of this Section.
The joint committee must be established, and the first meeting of the joint committee each school year must occur on or before December 1. The joint committee must reach agreement on a matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal determined during that school year. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection (c). (d) Notwithstanding anything to the contrary in this subsection (d), the requirements and dismissal procedures of Section 24-16.5 of this Code shall apply to any dismissal sought under Section 24-16.5 of this Code. (1) If a dismissal of a teacher in contractual | ||
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Before setting a hearing on charges stemming from | ||
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If, in the opinion of the board, the interests of the | ||
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(2) No hearing upon the charges is required unless | ||
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(3) Within 5 business days after receiving a notice | ||
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If notice to the teacher was sent before July 1, 2012 | ||
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If the teacher has requested a hearing before a | ||
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A hearing officer mutually selected by the parties, | ||
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Any hearing convened during a public health emergency | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(4) In the alternative to selecting a hearing | ||
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(5) If the notice of dismissal was sent to the | ||
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(6) The teacher is required to answer the bill of | ||
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Each party shall have no more than 3 days to present | ||
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(6.5) In the case of charges involving sexual abuse | ||
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(7) The hearing officer shall, within 30 days from | ||
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(8) The school board, within 45 days after receipt | ||
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If the school board dismisses the teacher | ||
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If the school board retains the teacher, the school | ||
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(9) The decision of the hearing officer pursuant to | ||
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(10) If a decision of the hearing officer for | ||
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Any teacher who is reinstated by any hearing or | ||
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(11) Subject to any later effective date referenced | ||
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(e) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-500, eff. 8-4-23.)
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(105 ILCS 5/24-12.1) (from Ch. 122, par. 24-12.1)
Sec. 24-12.1.
Rights of recalled teachers.
Any teacher on contractual
continued service who is removed or dismissed as a result of a decision
of the board to decrease the number of teachers employed by the board or
to discontinue some particular type of teaching service and who accepts
the tender of a vacancy within one calendar year from the beginning of the
following school term pursuant to Section 24-12 shall lose no rights which
accrued while in contractual continued service.
(Source: P.A. 82-997.)
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(105 ILCS 5/24-13) (from Ch. 122, par. 24-13)
Sec. 24-13.
Age or absences not affecting contractual continued service
- Teachers replacing teachers in military service or in the General Assembly.
The contractual continued service status of a teacher is not affected by
his attained age, promotion, absence caused by temporary illness or
temporary incapacity as defined by regulations of the employing board,
leave of absence mutually agreed upon between the teacher and the board, or
because of absence while in the military service of the United States. If a
teacher is elected to serve in the General Assembly, the board shall grant
him a leave of absence if he so requests. A teacher employed to replace one
in the military service of the United States or one serving in the General
Assembly does not acquire contractual continued service under this Article.
If a teacher is elected to serve as an officer of a state or national
teacher organization that represents teachers in collective bargaining
negotiations, the board shall grant the teacher, upon written request, a
leave (or leaves) of absence of up to 6 years
or the period of time the teacher serves as an officer, whichever is
longer.
(Source: P.A. 93-377, eff. 1-1-04.)
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(105 ILCS 5/24-13.1) (from Ch. 122, par. 24-13.1)
Sec. 24-13.1.
Contractual continued service of teachers employed in
Department of Defense
overseas dependents' schools.
By mutual agreement of a teacher and the employing board, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his contractual continued service status under this Act,
and (b) to continue receipt, on the same basis as if he were teaching in
the school system subject to the employing board, of service credit earned
for requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
In addition, a teacher whose armed forces reserve unit is activated
during the school year and who as a result is required to enter into active
military service duty shall continue to have his or her full salary as a
teacher paid by the school board for the first 2 weeks of the period during which he or
she is required to remain on active military service duty; provided,
however, that if the teacher is required to remain on active military
service duty for any additional period, his or her contractual continued
service under this Act shall be preserved, and he or she shall continue to
receive throughout the entire period that he or she is required to remain
on active military service duty, on the same basis as if he or she were
teaching in the school system governed by the employing board, service
credit earned for requirements of promotion, incremental increases in
salary, leaves of absence and other privileges based on an established
period of service or employment; provided further that a teacher who
receives payment of his or her full
salary as a teacher for the first 2 weeks of the period his or her armed
forces reserve unit
is required to remain on active military service duty shall return to the
school board such portion of his or her teaching salary so paid as is equal
to the payment he or she received for such 2 week period from his or her armed
forces reserve unit, excluding, however, all payments received by the teacher
from the armed forces reserve unit which are allocable to nonschool days
or which constitute a travel, meal or housing allowance.
A person employed to replace a teacher making the election provided for
in this Section does not acquire contractual continued service status as a
teacher under this Article.
(Source: P.A. 84-1401.)
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(105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
Sec. 24-14. Termination of service by teacher. As used in this Section, "teaching assignment" means any full-time position that requires licensure under Article 21B of this Code. A teacher, as defined in Section 24-11 of this Code may resign
at any time by obtaining concurrence of the board. During the school term, no teacher
may resign, without the concurrence of the board,
in order to accept another teaching assignment. Outside of a school term, a resignation submitted by any teacher after the completion of the school year must be submitted in writing to the secretary of the board a minimum of 30 calendar days prior to the first student attendance day of the following school year or else the teacher will be deemed to have resigned during the school term. Any teacher
terminating said service not in accordance with this Section may be referred by the board to the State Superintendent of Education. A referral to the State Superintendent for an alleged violation of this Section must include (i) a dated copy of the teacher's resignation letter, (ii) a copy of the reporting district's current school year calendar, (iii) proof of employment for the school year at issue, (iv) documentation showing that the district's board did not accept the teacher's resignation, and (v) evidence that the teacher left the district in order to accept another teaching assignment. If the district intends to submit a referral to the State Superintendent, the district shall submit the referral to the State Superintendent within 10 business days after the board denies acceptance of the resignation. The district shall notify the teacher that it submitted the referral to the State Superintendent within 5 business days after submitting the referral to the State Superintendent. The State Superintendent or his or her designee shall convene an informal evidentiary hearing no later than 90 days after receipt of the required documentation from the school district as required in this Section. The teacher shall receive a written determination from the State Superintendent or his or her designee no later than 14 days after the hearing is completed. If the State Superintendent or his or her designee finds that the teacher resigned during the school term without the concurrence of the board to accept another teaching assignment, the State Superintendent must suspend the teacher's license for one calendar year. In lieu of a hearing and finding, the teacher may agree to a lesser licensure sanction at the discretion of the State Superintendent or his or her designee.
(Source: P.A. 102-552, eff. 1-1-22; 103-549, eff. 8-11-23.)
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(105 ILCS 5/24-15) (from Ch. 122, par. 24-15)
Sec. 24-15.
Right to amend or repeal-Partial invalidity.
Nothing herein limits the right of the General Assembly to amend or
repeal any part of Sections 24-11 to 24-15, inclusive, or any contract
resulting therefrom.
If any section, paragraph, sentence or clause of this Article is held
invalid or unconstitutional, such decision shall not affect the remaining
portion of this Article or this Act, or any section or part thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-16) (from Ch. 122, par. 24-16)
Sec. 24-16. Judicial review of administrative decision. The provisions
of the Administrative Review Law, and all amendments and modifications thereof
and the rules adopted pursuant thereto, shall apply to and govern all proceedings
instituted for the judicial review of final administrative decisions of the
hearing officer for dismissals pursuant to Article 24A of this Code or of a school board for dismissal for cause under Section 24-12 of this Article. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 97-8, eff. 6-13-11.)
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(105 ILCS 5/24-16.5) Sec. 24-16.5. Optional alternative evaluative dismissal process for PERA evaluations. (a) As used in this Section: "Applicable hearing requirements" means (i) for any school district having less than 500,000 inhabitants or a program of a special education joint agreement, those procedures and requirements relating to a teacher's request for a hearing, selection of a hearing officer, pre-hearing and hearing procedures, and post-hearing briefs set forth in paragraphs (1) through (6) of subsection (d) of Section 24-12 of this Code or (ii) for a school district having 500,000 inhabitants or
more, those procedures and requirements relating to a teacher's request for a hearing, selection of a hearing officer, pre-hearing and hearing procedures, and post-hearing briefs set forth in paragraphs (1) through (5) of subsection (a) of Section 34-85 of this Code. "Board" means, for a school district having less than 500,000 inhabitants or a program of a special education joint agreement, the board of directors, board of education, or board of school inspectors, as the case may be. For a school district having 500,000 inhabitants or more, "board" means the Chicago Board of Education. "Evaluator" means an evaluator, as defined in Section 24A-2.5 of this Code, who has successfully completed the pre-qualification program described in subsection (b) of Section 24A-3 of this Code. "PERA-trained board member" means a member of a board that has completed a training program on PERA evaluations either administered or approved by the State Board of Education. "PERA evaluation" means a performance evaluation of a teacher after the implementation date of an evaluation system for teachers, as specified by Section 24A-2.5 of this Code, using a performance evaluation instrument and process that meets the minimum requirements for teacher evaluation instruments and processes set forth in rules adopted by the State Board of Education to implement Public Act 96-861. "Remediation" means the remediation plan, mid-point and final evaluations, and related processes and requirements set forth in subdivisions (i), (j), and (k) of Section 24A-5 of this Code. "School district" means a school district or a program of a special education joint agreement. "Second evaluator" means an evaluator who either conducts the mid-point and final remediation evaluation or conducts an independent assessment of whether the teacher completed the remediation plan with a rating equal to or better than a "Proficient" rating, all in accordance with subdivision (c) of this Section. "Student growth components" means the components of a performance evaluation plan described in subdivision (c) of Section 24A-5 of this Code, as may be supplemented by administrative rules adopted by the State Board of Education. "Teacher practice components" means the components of a performance evaluation plan described in subdivisions (a) and (b) of Section 24A-5 of this Code, as may be supplemented by administrative rules adopted by the State Board of Education. "Teacher representatives" means the exclusive bargaining representative of a school district's teachers or, if no exclusive bargaining representatives exists, a representative committee selected by teachers. (b) This Section applies to all school districts, including those having 500,000 or more inhabitants. The optional dismissal process set forth in this Section is an alternative to those set forth in Sections 24-12 and 34-85 of this Code. Nothing in this Section is intended to change the existing practices or precedents under Section 24-12 or 34-85 of this Code, nor shall this Section be interpreted as implying standards and procedures that should or must be used as part of a remediation that precedes a dismissal sought under Section 24-12 or 34-85 of this Code. A board may dismiss a teacher who has entered upon contractual continued service under this Section if the following are met: (1) the cause of dismissal is that the teacher has | ||
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(2) the "Unsatisfactory" performance evaluation | ||
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(3) the school district has complied with subsection | ||
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A school district may not, through agreement with a teacher or its teacher representatives, waive its right to dismiss a teacher under this Section. (c) Each school district electing to use the dismissal process set forth in this Section must comply with the pre-remediation and remediation activities and requirements set forth in this subsection (c). (1) Before a school district's first remediation | ||
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(2) Before a school district's first remediation | ||
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(3) For each remediation preceding a dismissal under | ||
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(4) The second evaluator selected pursuant to | ||
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(d) To institute a dismissal proceeding under this Section, the board must first provide written notice to the teacher within 30 days after the completion of the final remediation evaluation. The notice shall comply with the applicable hearing requirements and, in addition, must specify that dismissal is sought under this Section and include a copy of each performance evaluation relating to the scope of the hearing as described in this subsection (d). The applicable hearing requirements shall apply to the teacher's request for a hearing, the selection and qualifications of the hearing officer, and pre-hearing and hearing procedures, except that all of the following must be met: (1) The hearing officer must, in addition to meeting | ||
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(2) The scope of the hearing must be limited as | ||
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(A) The school district must demonstrate the | ||
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(i) that the "Unsatisfactory" performance | ||
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(ii) that the remediation plan complied with | ||
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(iii) that the teacher failed to complete the | ||
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(iv) that if the second evaluator selected | ||
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(B) The teacher may only challenge the | ||
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(C) The hearing officer shall only consider and | ||
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(3) Each party shall be given only 2 days to present | ||
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(e) The provisions of Sections 24-12 and 34-85 pertaining to the decision or recommendation of the hearing officer do not apply to dismissal proceedings under this Section. For any dismissal proceedings under this Section, the hearing officer shall not issue a decision, and shall issue only findings of fact and a recommendation, including the reasons therefor, to the board to either retain or dismiss the teacher and shall give a copy of the report to both the teacher and the superintendent of the school district. The hearing officer's findings of fact and recommendation must be issued within 30 days from the close of the record of the hearing. The State Board of Education shall adopt rules regarding the length of the hearing officer's findings of fact and recommendation. If a hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a recommendation within 30 days after the hearing is concluded or the record is closed, whichever is later, the parties may mutually agree to select a hearing officer pursuant to the alternative procedure, as provided in Section 24-12 or 34-85, to rehear the charges heard by the hearing officer who failed to render a recommendation or to review the record and render a recommendation. If any hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a recommendation within 30 days after the hearing is concluded or the record is closed, whichever is later, the hearing officer shall be removed from the master list of hearing officers maintained by the State Board of Education for not more than 24 months. The parties and the State Board of Education may also take such other actions as it deems appropriate, including recovering, reducing, or withholding any fees paid or to be paid to the hearing officer. If any hearing officer repeats such failure, he or she shall be permanently removed from the master list of hearing officers maintained by the State Board of Education. (f) The board, within 45 days after receipt of the hearing officer's findings of fact and recommendation, shall decide, through adoption of a written order, whether the teacher must be dismissed from its employ or retained, provided that only PERA-trained board members may participate in the vote with respect to the decision. If the board dismisses the teacher notwithstanding the hearing officer's recommendation of retention, the board shall make a conclusion, giving its reasons therefor, and such conclusion and reasons must be included in its written order. The failure of the board to strictly adhere to the timelines contained in this Section does not render it without jurisdiction to dismiss the teacher. The board shall not lose jurisdiction to discharge the teacher if the hearing officer fails to render a recommendation within the time specified in this Section. The decision of the board is final, unless reviewed as provided in subsection (g) of this Section. If the board retains the teacher, the board shall enter a written order stating the amount of back pay and lost benefits, less mitigation, to be paid to the teacher, within 45 days of its retention order. (g) A teacher dismissed under this Section may apply for and obtain judicial review of a decision of the board in accordance with the provisions of the Administrative Review Law, except as follows: (1) for a teacher dismissed by a school district | ||
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(2) for a teacher dismissed by a school district | ||
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(3) for all school districts, if the hearing officer | ||
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In the event judicial review is instituted by a teacher, any costs of preparing and filing the record of proceedings must be paid by the teacher. If a decision of the board is adjudicated upon judicial review in favor of the teacher, then the court shall remand the matter to the board with direction for entry of an order setting the amount of back pay, lost benefits, and costs, less mitigation. The teacher may challenge the board's order setting the amount of back pay, lost benefits, and costs, less mitigation, through an expedited arbitration procedure with the costs of the arbitrator borne by the board.
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.) |
(105 ILCS 5/24-17) (from Ch. 122, par. 24-17)
Sec. 24-17.
Care
of property.
Every teacher shall see that the property of the district under his care
and control is not unnecessarily damaged or destroyed. No teacher shall be
paid any part of the school funds unless he has furnished schedules, when
required by law, and has satisfactorily accounted for all books, apparatus
and other property belonging to the district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-18) (from Ch. 122, par. 24-18)
Sec. 24-18.
Daily registers.
Teachers shall keep daily registers showing the name, age and
attendance of each pupil, the day of the week, month and year. Registers
shall be in the form prescribed by the State Board of Education.
Such registers shall be furnished by the school directors, and each
teacher shall, at the end of his term of school, return his register to
the clerk or secretary of the school board. No teacher shall be paid any
part of the school funds unless he has accurately kept and returned such
a register.
(Source: P.A. 81-1508.)
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(105 ILCS 5/24-19)
Sec. 24-19. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/24-20)
Sec. 24-20. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/24-21) (from Ch. 122, par. 24-21)
Sec. 24-21.
Payment of teachers' wages.
The directors shall pay the wages
of teachers in a manner agreed upon by the board, but at least 1 payment
shall be made during each school month. The directors shall issue and deliver
to the teacher an order on the school treasurer for the amount of salary
due. The order shall state the rate and time for which the teacher is paid.
It is unlawful for the directors: (1) to issue an order before they have
certified to any schedule then required to be made; (2) after the date for
filing schedules as fixed by law, to certify any schedule not delivered
to them before that date when such schedule is for time taught before the
first of July preceding; (3) to give an order in payment of a teacher's
wages for the time covered by such delinquent schedule. Teachers not
covered by a negotiated collective bargaining agreement may elect to receive
payment of wages over either a 10 or 12 month period annually.
(Source: P.A. 82-396.)
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(105 ILCS 5/24-21.1) (from Ch. 122, par. 24-21.1)
Sec. 24-21.1.
Organization dues, payments and contributions.
The board shall, upon the written request of an employee, withhold from
the compensation of that employee any
dues, payments or contributions payable by such employee to any employee
labor organization as defined in the Illinois Educational Labor Relations
Act. Under such
arrangement, an amount shall be withheld from each regular payroll
period which is equal to the pro rata share of the annual
dues plus any payments or contributions and the board shall transmit
such withholdings to the specified labor organization within 10 working
days from the time
of the withholding.
(Source: P.A. 83-1014.)
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(105 ILCS 5/24-22)
Sec. 24-22. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/24-23) (from Ch. 122, par. 24-23)
Sec. 24-23. Teacher transcript of credits. Each teacher shall file with the superintendent of the school in which
he is teaching or, if there is no such superintendent, with the Regional
Superintendent of Schools a complete transcript of credits earned in
recognized institutions of higher learning attended by him. On or before September 1 of each year thereafter, unless otherwise provided in a collective bargaining agreement, every teacher shall file
a transcript of any credits that have been earned since the date the
last transcript was filed.
Such record of credits shall be used as the base for determining the
minimum salary for such teachers as provided by Section 24-8 of this Act.
(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
Sec. 24-24.
Maintenance of discipline.
Subject to the limitations of all
policies established or adopted under Section 14-8.05, teachers,
other
certificated educational employees, and any other person, whether or not a
certificated employee, providing a related service for or with respect to a
student shall maintain discipline in the schools,
including school grounds which are owned or leased by the board and used for
school purposes and activities. In all matters relating to the discipline in
and conduct of the schools and the school children, they stand in the relation
of parents and guardians to the pupils. This relationship shall extend to all
activities connected with the school program, including all athletic and
extracurricular programs, and may be exercised at any time for the safety and
supervision of the pupils in the absence of their parents or guardians.
Nothing in this Section affects the power of the board to establish
rules with respect to discipline; except that each board shall
establish a policy on discipline, and the policy so established shall
provide, subject to the limitations of all policies established or adopted
under Section 14-8.05, that a teacher, other certificated employee, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student may use reasonable
force as needed to
maintain safety for the other students, school personnel or persons or for the
purpose of self defense or the defense of property, shall provide that a
teacher may remove a student
from the classroom for disruptive behavior, and shall include provisions
which
provide due process to students. The policy shall not include slapping,
paddling or prolonged maintenance of students in physically painful positions
nor shall it include the intentional infliction of bodily harm.
The board may make and enforce reasonable rules of conduct and
sportsmanship for athletic and extracurricular school events. Any person
who violates such rules may be denied admission to school events for not
more than one year, provided that written 10 days notice of the violation
is given such person and a hearing had thereon by the board pursuant to its
rules and regulations. The administration of any school may sign complaints
as agents of the school against persons committing any offense at school
events.
(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. 7-19-95.)
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(105 ILCS 5/24-25) (from Ch. 122, par. 24-25)
Sec. 24-25.
Teachers and other employees may request any person entering
a public school building or the grounds which are owned or leased by the
board and used for school purposes and activities to identify himself and
the purpose of his entry. A person who refuses to provide such information
is guilty of a Class A misdemeanor.
Authorized agents of an exclusive bargaining representative, upon
notifying the school office, may meet with school employees in the school
building during duty free times of such employees.
(Source: P.A. 86-202.)
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(105 ILCS 5/24-26) (from Ch. 122, par. 24-26)
Sec. 24-26.
Intervening to help students or their family members who
may have alcohol or other drug problems. Teachers and other employees of
school districts may intervene to help students or their family members who
appear to have problems with alcohol and other drugs by encouraging them to
seek an assessment and treatment. School personnel who intervene shall have
immunity from civil liability in accordance with the Alcoholism and Drug
Addiction Intervenor and Reporter Immunity Law. School personnel shall not
be subject to disciplinary action by the school because of an intervention
and may not be prohibited by school policy from intervening.
(Source: P.A. 87-213.)
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(105 ILCS 5/Art. 24A heading) ARTICLE 24A.
EVALUATION OF
CERTIFIED EMPLOYEES
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(105 ILCS 5/24A-1) (from Ch. 122, par. 24A-1)
Sec. 24A-1.
Purpose.
The purpose of this Article is to improve the
educational services of the elementary and secondary public schools of
Illinois by requiring that all certified school district employees be
evaluated on a periodic basis and that the evaluations result in remedial
action being taken when deemed necessary.
(Source: P.A. 84-972.)
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(105 ILCS 5/24A-2) (from Ch. 122, par. 24A-2)
Sec. 24A-2. Application. The provisions of this Article shall apply to
all public school districts organized and operating pursuant to the
provisions of this Code, including special charter districts and
those school districts operating in accordance with Article 34, except that this Section does not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code.
(Source: P.A. 95-510, eff. 8-28-07.)
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(105 ILCS 5/24A-2.5) Sec. 24A-2.5. Definitions. In this Article: "Evaluator" means: (1) an administrator qualified under Section 24A-3; | ||
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(2) other individuals qualified under Section 24A-3, | ||
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Notwithstanding anything to the contrary in item (2) of this definition, a school district operating under Article 34 of this Code may require department chairs qualified under Section 24A-3 to evaluate teachers in their department or departments, provided that the school district shall bargain with the bargaining representative of its teachers over the impact and effects on department chairs of such a requirement. "Implementation date" means, unless otherwise specified and provided that the requirements set forth in subsection (d) of Section 24A-20 have been met: (1) For school districts having 500,000 or more | ||
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(2) For school districts having less than 500,000 | ||
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(3) For the lowest performing 20% percent of | ||
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(4) For all other school districts having less than | ||
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Notwithstanding items (3) and (4) of this definition, a school district and the exclusive bargaining representative of its teachers may jointly agree in writing to an earlier implementation date, provided that such date must not be earlier than September 1, 2013. The written agreement of the district and the exclusive bargaining representative must be transmitted to the State Board of Education. "Race to the Top Grant" means a grant made by the Secretary of the U.S. Department of Education for the program first funded pursuant to paragraph (2) of Section 14006(a) of the American Recovery and Reinvestment Act of 2009. "School Improvement Grant" means a grant made by the Secretary of the U.S. Department of Education pursuant to Section 1003(g) of the Elementary and Secondary Education Act.
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.) |
(105 ILCS 5/24A-3) (from Ch. 122, par. 24A-3) Sec. 24A-3. Evaluation training and pre-qualification. (a) School
boards shall require evaluators to participate in an inservice training on the
evaluation of certified personnel
provided or approved by the State Board of Education prior to undertaking any evaluation and at least once during each certificate renewal cycle. Training provided or approved by the State Board of Education shall include the evaluator training program developed pursuant to Section 24A-20 of this Code. (b) Any evaluator undertaking an evaluation after September 1, 2012 must first successfully complete a pre-qualification program provided or approved by the State Board of Education. The program must involve rigorous training and an independent observer's determination that the evaluator's ratings properly align to the requirements established by the State Board pursuant to this Article. (Source: P.A. 96-861, eff. 1-15-10.) |
(105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4) Sec. 24A-4. Development of evaluation plan. (a) As used in
this and the succeeding Sections, "teacher" means any and all school
district employees regularly required to be certified under laws relating
to the certification of teachers. Each school district shall develop, in
cooperation with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan for all
teachers. (b) By no later than the applicable implementation date, each school district shall, in good faith cooperation with its teachers or, where applicable, the exclusive bargaining representatives of its teachers, incorporate the use of data and indicators on student growth as a significant factor in rating teaching performance, into its evaluation plan for all teachers, both those teachers in contractual continued service and those teachers not in contractual continued service. The plan shall at least meet the standards and requirements for student growth and teacher evaluation established under Section 24A-7, and specifically describe how student growth data and indicators will be used as part of the evaluation process, how this information will relate to evaluation standards, the assessments or other indicators of student performance that will be used in measuring student growth and the weight that each will have, the methodology that will be used to measure student growth, and the criteria other than student growth that will be used in evaluating the teacher and the weight that each will have. To incorporate the use of data and indicators of student growth as a significant factor in rating teacher performance into the evaluation plan, the district shall use a joint committee composed of equal representation selected by the district and its teachers or, where applicable, the exclusive bargaining representative of its teachers. If, within 180 calendar days of the committee's first meeting, the committee does not reach agreement on the plan, then the district shall implement the model evaluation plan established under Section 24A-7 with respect to the use of data and indicators on student growth as a significant factor in rating teacher performance. Nothing in this subsection (b) shall make decisions on the use of data and indicators on student growth as a significant factor in rating teaching performance mandatory subjects of bargaining under the Illinois Educational Labor Relations Act that are not currently mandatory subjects of bargaining under the Act. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee formed under this subsection (b). (c) Notwithstanding anything to the contrary in subsection (b) of this Section, if the joint committee referred to in that subsection does not reach agreement on the plan within 90 calendar days after the committee's first meeting, a school district having 500,000 or more inhabitants shall not be required to implement any aspect of the model evaluation plan and may implement its last best proposal.
(d) Beginning the first school year following the effective date of this amendatory Act of the 100th General Assembly, the joint committee referred to in subsection (b) of this Section shall meet no less than one time annually to assess and review the effectiveness of the district's evaluation plan for the purposes of continuous improvement of instruction and evaluation practices. (Source: P.A. 100-768, eff. 1-1-19.) |
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) Sec. 24A-5. Content of evaluation plans. This Section does not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 of this Code and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code.
Each school district to
which this Article applies shall establish a teacher evaluation plan
which ensures that each teacher in contractual continued service
is evaluated at least once in the course of every 2 or 3 school years as provided in this Section. Each school district shall establish a teacher evaluation plan that ensures that: (1) each teacher not in contractual continued service | ||
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(2) except as otherwise provided in this Section, | ||
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No later than September 1, 2022, each school district must establish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is evaluated at least once in the course of the 3 school years after receipt of the rating and implement an informal teacher observation plan established by agency rule and by agreement of the joint committee established under subsection (b) of Section 24A-4 of this Code that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is informally observed at least once in the course of the 2 school years after receipt of the rating. For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, a school district may waive the evaluation requirement of all teachers in contractual continued service whose performances were rated as either "excellent" or "proficient" during the last school year in which the teachers were evaluated under this Section. Notwithstanding anything to the contrary in this Section or any other Section of this Code, a principal shall not be prohibited from evaluating any teachers within a school during his or her first year as principal of such school. If a first-year principal exercises this option in a school district where the evaluation plan provides for a teacher in contractual continued service to be evaluated once in the course of every 2 or 3 school years, as applicable, then a new 2-year or 3-year evaluation plan must be established. The evaluation plan shall comply with the requirements of this Section and
of any rules adopted by the State Board of Education pursuant to this Section. The plan shall include a description of each teacher's duties
and responsibilities and of the standards to which that teacher
is expected to conform, and shall include at least the following components: (a) personal observation of the teacher in the | ||
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(b) consideration of the teacher's attendance, | ||
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(c) by no later than the applicable implementation | ||
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(d) prior to September 1, 2012, rating of the | ||
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(i) "excellent", "satisfactory" or | ||
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(ii) "excellent", "proficient", "needs | ||
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(e) on and after September 1, 2012, rating of the | ||
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(f) specification as to the teacher's strengths and | ||
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(g) inclusion of a copy of the evaluation in the | ||
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(h) within 30 school days after the completion of an | ||
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(i) within 30 school days after completion of an | ||
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(j) participation in the remediation plan by the | ||
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In a district having a population of less than | ||
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(k) a mid-point and final evaluation by an evaluator | ||
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(l) reinstatement to the evaluation schedule set | ||
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(m) dismissal in accordance with subsection (d) of | ||
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(n) After the implementation date of an evaluation | ||
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(o) Teachers who are due to be evaluated in the last | ||
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Nothing in this Section or Section 24A-4 shall be construed as preventing immediate
dismissal of a teacher for deficiencies which are
deemed irremediable or for actions which are injurious to or endanger the
health or person of students in the classroom or school, or preventing the dismissal or non-renewal of teachers not in contractual continued service for any reason not prohibited by applicable employment, labor, and civil rights laws. Failure to
strictly comply with the time requirements contained in Section 24A-5 shall
not invalidate the results of the remediation plan. Nothing contained in this amendatory Act of the 98th General Assembly repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on the effective date of this amendatory Act of the 98th General Assembly in Illinois courts involving the interpretation of Public Act 97-8. If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act that suspends in-person instruction, the timelines in this Section connected to the commencement and completion of any remediation plan are waived. Except if the parties mutually agree otherwise and the agreement is in writing, any remediation plan that had been in place for more than 45 days prior to the suspension of in-person instruction shall resume when in-person instruction resumes and any remediation plan that had been in place for fewer than 45 days prior to the suspension of in-person instruction shall be discontinued and a new remediation period shall begin when in-person instruction resumes. The requirements of this paragraph apply regardless of whether they are included in a school district's teacher evaluation plan. (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22; 103-85, eff. 6-9-23.) |
(105 ILCS 5/24A-5.5) Sec. 24A-5.5. Local appeal process for unsatisfactory ratings. Beginning with the first school year following the effective date of this amendatory Act of the 101st General Assembly, each school district shall, in good faith cooperation with its teachers or, if applicable, through good faith bargaining with the exclusive bargaining representative of its teachers, develop and implement an appeals process for "unsatisfactory" ratings under Section 24A-5 that includes, but is not limited to, an assessment of the original rating by a panel of qualified evaluators agreed to by the joint committee referred to in subsection (b) of Section 24A-4 that has the power to revoke the "unsatisfactory" rating it deems to be erroneous. The joint committee shall determine the criteria for successful appeals; however, the issuance of a rating to replace an "unsatisfactory" rating must be determined through bargaining between the exclusive bargaining representative, if any, and the school district.
(Source: P.A. 101-591, eff. 8-27-19.) |
(105 ILCS 5/24A-6)
Sec. 24A-6. (Repealed).
(Source: P.A. 86-201. Repealed by P.A. 96-861, eff. 1-15-10.)
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(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) Sec. 24A-7. Rules. The State Board of Education is authorized to adopt such rules as
are deemed necessary to implement and accomplish the purposes and
provisions of this Article, including, but not limited to, rules: (1) relating to the methods for measuring student | ||
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(2) defining the term "significant factor" for | ||
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(3) controlling for such factors as student | ||
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(4) establishing minimum requirements for district | ||
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(5) establishing a model evaluation plan for use by | ||
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Notwithstanding any other provision in this Section, such rules shall not preclude a school district having 500,000 or more inhabitants from using an annual State assessment as the sole measure of student growth for purposes of teacher or principal evaluations. The State Superintendent of Education shall convene a Performance Evaluation Advisory Council, which shall be staffed by the State Board of Education. Members of the Council shall be selected by the State Superintendent and include, without limitation, representatives of teacher unions and school district management, persons with expertise in performance evaluation processes and systems, as well as other stakeholders. The Council shall meet at least quarterly and may also meet at the call of the chairperson of the Council, following August 18, 2017 (the effective date of Public Act 100-211) until June 30, 2024. The Council shall advise the State Board of Education on the ongoing implementation of performance evaluations in this State, which may include gathering public feedback, sharing best practices, consulting with the State Board on any proposed rule changes regarding evaluations, and other subjects as determined by the chairperson of the Council. Prior to the applicable implementation date, these rules shall not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 of this Code and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code. (Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.) |
(105 ILCS 5/24A-7.1) Sec. 24A-7.1. Teacher, principal, and superintendent performance evaluations. Except as otherwise provided under this Act, disclosure of public school teacher, principal, and superintendent performance evaluations is prohibited.
(Source: P.A. 96-861, eff. 1-15-10.) |
(105 ILCS 5/24A-8) (from Ch. 122, par. 24A-8) Sec. 24A-8. Evaluation of teachers not in contractual continued service. Each teacher not in contractual
continued service shall be evaluated at least once each school year.(Source: P.A. 96-861, eff. 1-15-10.) |
(105 ILCS 5/24A-15) Sec. 24A-15. Development of evaluation plan for principals and assistant principals. (a) Each school district, except for a school district organized under Article 34 of this Code, shall establish a principal and assistant principal evaluation plan in accordance with this Section. The plan must ensure that each principal and assistant principal is evaluated as follows: (1) For a principal or assistant principal on a | ||
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(2) For a principal or assistant principal on a | ||
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On and after September 1, 2012, the plan must: (i) rate the principal's or assistant principal's | ||
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(ii) ensure that each principal and assistant | ||
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Nothing in this Section prohibits a school district from conducting additional evaluations of principals and assistant principals.
For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, a school district may waive the evaluation requirement of all principals or assistant principals whose performances were rated as either "excellent" or "proficient" during the last school year in which the principals or assistant principals were evaluated under this Section. (b) The evaluation shall include a description of the principal's or assistant principal's duties and responsibilities and the standards to which the principal or assistant principal is expected to conform. (c) The evaluation for a principal must be performed by the district superintendent, the superintendent's designee, or, in the absence of the superintendent or his or her designee, an individual appointed by the school board who holds a registered Type 75 State administrative certificate. Prior to September 1, 2012, the evaluation must be in writing and must at least do all of the following: (1) Consider the principal's specific duties, | ||
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(2) Specify the principal's strengths and weaknesses, | ||
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(3) Align with research-based standards established | ||
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On and after September 1, 2012, the evaluation must, in addition to the requirements in items (1), (2), and (3) of this subsection (c), provide for the use of data and indicators on student growth as a significant factor in rating performance. (c-5) The evaluation of an assistant principal must be performed by the principal, the district superintendent, the superintendent's designee, or, in the absence of the superintendent or his or her designee, an individual appointed by the school board who holds a registered Type 75 State administrative certificate. The evaluation must be in writing and must at least do all of the following: (1) Consider the assistant principal's specific | ||
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(2) Specify the assistant principal's strengths and | ||
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(3) Align with the Illinois Professional Standards | ||
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On and after September 1, 2012, the evaluation must, in addition to the requirements in items (1), (2), and (3) of this subsection (c-5), provide for the use of data and indicators on student growth as a significant factor in rating performance. (d) One copy of the evaluation must be included in the principal's or assistant principal's personnel file and one copy of the evaluation must be provided to the principal or assistant principal. (e) Failure by a district to evaluate a principal or assistant principal and to provide the principal or assistant principal with a copy of the evaluation at least once during the term of the principal's or assistant principal's contract, in accordance with this Section, is evidence that the principal or assistant principal is performing duties and responsibilities in at least a satisfactory manner and shall serve to automatically extend the principal's or assistant principal's contract for a period of one year after the contract would otherwise expire, under the same terms and conditions as the prior year's contract. The requirements in this Section are in addition to the right of a school board to reclassify a principal or assistant principal pursuant to Section 10-23.8b of this Code. (f) Nothing in this Section prohibits a school board from ordering lateral transfers of principals or assistant principals to positions of similar rank and salary.
(Source: P.A. 102-729, eff. 5-6-22.) |
(105 ILCS 5/24A-20) Sec. 24A-20. State Board of Education data collection and evaluation assessment and support systems. (a) On or before the date established in subsection (b) of this Section, the State Board of Education shall, through a process involving collaboration with the Performance Evaluation Advisory Council, develop or contract for the development of and implement all of the following data collection and evaluation assessment and support systems: (1) A system to annually collect and publish data by | ||
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(2) Both a teacher and principal model evaluation | ||
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(3) An evaluator pre-qualification program based on | ||
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(4) An evaluator training program based on the model | ||
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(5) A superintendent training program based on the | ||
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(6) One or more instruments to provide feedback to | ||
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(7) A State Board-provided or approved technical | ||
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(8) Web-based systems and tools supporting | ||
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(9) A process for measuring and reporting | ||
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(10) A process for assessing whether school district | ||
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(b) If the State of Illinois receives a Race to the Top Grant, the data collection and support systems described in subsection (a) must be developed on or before September 30, 2011. If the State of Illinois does not receive a Race to the Top Grant, the data collection and support systems described in subsection (a) must be developed on or before September 30, 2012; provided, however, that the data collection and support systems set forth in items (3) and (4) of subsection (a) of this Section must be developed by September 30, 2011 regardless of whether the State of Illinois receives a Race to the Top Grant. By no later than September 1, 2011, if the State of Illinois receives a Race to the Top Grant, or September 1, 2012, if the State of Illinois does not receive a Race to the Top Grant, the State Board of Education must execute or contract for the execution of the assessment referenced in item (10) of subsection (a) of this Section to determine whether the school district evaluation systems developed pursuant to this Act have been valid and reliable, contributed to the development of staff, and improved student performance. (c) Districts shall submit data and information to the State Board on teacher and principal performance evaluations and evaluation plans in accordance with procedures and requirements for submissions established by the State Board. Such data shall include, without limitation, (i) data on the performance rating given to all teachers in contractual continued service, (ii) data on district recommendations to renew or not renew teachers not in contractual continued service, and (iii) data on the performance rating given to all principals. (d) If the State Board of Education does not timely fulfill any of the requirements set forth in Sections 24A-7 and 24A-20, and adequate and sustainable federal, State, or other funds are not provided to the State Board of Education and school districts to meet their responsibilities under this Article, the applicable implementation date shall be postponed by the number of calendar days equal to those needed by the State Board of Education to fulfill such requirements and for the adequate and sustainable funds to be provided to the State Board of Education and school districts. The determination as to whether the State Board of Education has fulfilled any or all requirements set forth in Sections 24A-7 and 24A-20 and whether adequate and sustainable funds have been provided to the State Board of Education and school districts shall be made by the State Board of Education in consultation with the P-20 Council.
(e) The State Board of Education shall report teacher evaluation data from each school in the State. The State Board's report shall include: (1) data from the most recent performance evaluation | ||
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(2) data from the most recent performance evaluation | ||
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The report shall contain data in an aggregate format. The report with the aggregate data is not confidential pursuant to Section 24A-7.1 of this Code unless an individual teacher is personally identifiable in the report. With respect to the report, the underlying data and any personally identifying information of a teacher shall be confidential. The State Board shall provide the data in the report in a format that prevents identification of individual teachers.(Source: P.A. 103-452, eff. 1-1-24.) |
(105 ILCS 5/Art. 26 heading) ARTICLE 26.
PUPILS--COMPULSORY ATTENDANCE
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(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17
years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages
of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year
shall cause such child to attend some public school in the district
wherein the child resides the entire time it is in session during the
regular school term, except as provided in Section 10-19.1, and during a
required summer school program established under Section 10-22.33B; provided,
that
the following children shall not be required to attend the public schools:
1. Any child attending a private or a parochial | ||
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2. Any child who is physically or mentally unable to | ||
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3. Any child necessarily and lawfully employed | ||
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4. Any child over 12 and under 14 years of age while | ||
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5. Any child absent from a public school on a | ||
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6. Any child 16 years of age or older who (i) | ||
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7. A child in any of grades 6 through 12 absent from | ||
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8. Any child absent from a public school on a | ||
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Any child from a public middle school or high school, subject to guidelines established by the State Board of Education, shall be permitted by a school board one school day-long excused absence per school year for the child who is absent from school to engage in a civic event. The school board may require that the student provide reasonable advance notice of the intended absence to the appropriate school administrator and require that the student provide documentation of participation in a civic event to the appropriate school administrator. (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.)
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(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) Any person having
custody or control of a child who is below the age of 6 years or is 17 years of age or above and who is enrolled in any of grades kindergarten
through 12 in the public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in session
during the regular school term, unless the child is excused under
Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its secondary schools
to any
child 19 years of age or above who has dropped out of school
and who could
not, because of age and lack of credits, attend classes during the normal
school year and graduate before his or her twenty-first birthday.
A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning
opportunities program established
under Article 13B.
No
child shall be denied reenrollment for the above reasons
unless the school district first offers the child
due process as required in cases of expulsion under Section
10-22.6. If a child is denied reenrollment after being provided with due
process, the school district must provide counseling to that child and
must direct that child to
alternative educational
programs, including adult education programs, that lead to graduation or
receipt of a State of Illinois High School Diploma.
(c)
A school or school district may deny enrollment to a student 17 years of age
or
older for one semester for failure to meet minimum attendance standards if all
of the
following conditions are met:
(1) The student was absent without valid cause for | ||
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(2) The student and the student's parent or guardian | ||
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(3) The student's parent or guardian is provided with | ||
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(4) The student is provided with attendance | ||
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(5) The student is absent without valid cause for 20% | ||
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A school or school district may not deny enrollment to a student (or
reenrollment
to a dropout) who is at least 17
years of age or older but below 19
years for more
than one consecutive semester for failure to meet attendance
standards.
(d) No child may be denied reenrollment under this
Section in violation
of the federal Individuals with Disabilities Education Act or the Americans with
Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a dropout who has
reenrolled
full-time in a public school. Each school district shall identify, track, and
report on the
educational progress and outcomes of reenrolled students as a subset of the
district's
required reporting on all enrollments.
A reenrolled student who again drops out must not be counted again
against a district's dropout rate performance measure.
The State
Board of Education shall set performance standards for programs serving
reenrolled
students.
(f) The State Board of Education shall adopt any rules necessary to
implement the
changes to this Section made by Public Act 93-803.
(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) (Text of Section before amendment by 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school
attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days. "Valid cause" for absence shall be illness, including the mental or behavioral health of the student, observance of a religious
holiday, death in the immediate family, attendance at a civic event,
or family emergency and shall include such other situations beyond the control
of the student, as determined by the board of education in each district,
or such other circumstances which cause reasonable concern to the parent
for the mental, emotional, or physical health or safety of the student. "Chronic or habitual truant" shall be defined as a child who is subject to compulsory
school attendance and who is absent without valid cause from such attendance
for 5% or more of the previous 180 regular attendance days. "Civic event" means an event sponsored by a non-profit organization or governmental entity that is open to the public. "Civic event" includes, but is not limited to, an artistic or cultural performance or educational gathering that supports the mission of the sponsoring non-profit organization. The State Board of Education may adopt rules to further define "civic event". "Truant minor" is defined as a chronic truant to whom supportive
services, including prevention, diagnostic, intervention and remedial
services, alternative programs and other school and community resources
have been provided and have failed to result in the cessation of chronic
truancy, or have been offered and refused. A "dropout" is defined as any child enrolled in grades 9 through 12 whose
name has been removed from the district enrollment roster for any reason
other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a
program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country. "Religion" for the purposes of this Article, includes all aspects of
religious observance and practice, as well as belief.(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.) (Text of Section after amendment by P.A. 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school
attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days. "Valid cause" for absence shall be illness, including the mental or behavioral health of the student, attendance at a verified medical or therapeutic appointment, appointment with a victim services provider, observance of a religious
holiday, death in the immediate family, attendance at a civic event,
or family emergency and shall include such other situations beyond the control
of the student, as determined by the board of education in each district,
or such other circumstances which cause reasonable concern to the parent
for the mental, emotional, or physical health or safety of the student. For purposes of a student who is an expectant parent, or parent, or victim of domestic or sexual violence, "valid cause" for absence includes (i) the fulfillment of a parenting responsibility, including, but not limited to, arranging and providing child care, caring for a sick child, attending prenatal or other medical appointments for the expectant student, and attending medical appointments for a child, and (ii) addressing circumstances resulting from domestic or sexual violence, including, but not limited to, experiencing domestic or sexual violence, recovering from physical or psychological injuries, seeking medical attention, seeking services from a domestic or sexual violence organization, as defined in Article 26A, seeking psychological or other counseling, participating in safety planning, temporarily or permanently relocating, seeking legal assistance or remedies, or taking any other action to increase the safety or health of the student or to protect the student from future domestic or sexual violence. A school district may require a student to verify his or her claim of domestic or sexual violence under Section 26A-45 prior to the district approving a valid cause for an absence of 3 or more consecutive days that is related to domestic or sexual violence. "Chronic or habitual truant" shall be defined as a child who is subject to compulsory
school attendance and who is absent without valid cause from such attendance
for 5% or more of the previous 180 regular attendance days. "Civic event" means an event sponsored by a non-profit organization or governmental entity that is open to the public. "Civic event" includes, but is not limited to, an artistic or cultural performance or educational gathering that supports the mission of the sponsoring non-profit organization. The State Board of Education may adopt rules to further define "civic event". "Truant minor" is defined as a chronic truant to whom supportive
services, including prevention, diagnostic, intervention and remedial
services, alternative programs and other school and community resources
have been provided and have failed to result in the cessation of chronic
truancy, or have been offered and refused. A "dropout" is defined as any child enrolled in grades 9 through 12 whose
name has been removed from the district enrollment roster for any reason
other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a
program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country. "Religion" for the purposes of this Article, includes all aspects of
religious observance and practice, as well as belief.(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.) |
(105 ILCS 5/26-2b) (from Ch. 122, par. 26-2b)
Sec. 26-2b.
Any child enrolled in a public school who is unable,
because of the observance of a religious holiday, to attend classes on a
particular day or days or at a particular time of day shall be excused from
any examination or any study or work assignments on such particular day or
days or at such particular time of day. It shall be the responsibility of
the teachers and of the administrative officials of each public school to
make available to each child who is absent from school because of the
observance of a religious holiday an equivalent opportunity to make up any
examination, study or work requirements which he has missed because of such
absence on any particular day or days or at any particular time of day. No
special fees of any kind shall be charged to the child for making available
to such child such equivalent opportunity. No adverse or prejudicial
effects shall result to any child because of his availing himself of the
provisions of this Section.
(Source: P.A. 102-406, eff. 8-19-21.)
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(105 ILCS 5/26-3) (from Ch. 122, par. 26-3)
Sec. 26-3.
Teachers furnished list-Report of non-attendance-Report
of persons not on list.
The clerk or secretary of the school board of all school districts
except those employing district truant officers shall furnish the
superintendent of schools at the beginning of the school year a list of the names and
addresses of the children living in the district who come under the
provisions of this Article and of persons having custody or control of
such children. The superintendent shall at the opening of school and at other
times when required by the regional superintendent of schools compare the
list with the enrollment of the school or schools and report to the regional
superintendent of schools the names of persons having custody or control
of children included under the provisions of this Article who are truant
or who are chronic or habitual truants for whom supportive services and
other school resources have failed to correct the truant behavior and who are not in
regular attendance at the public school, and the names of such children
and their ages, stating in each case, if known, the cause of such
absence. The report shall also contain the names of any other persons
who were not enumerated in the list at the beginning of school and who
have the custody or control of children not attending school. The regional
superintendent shall, without delay, place such information at the
disposal of the regional truant officer.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
Sec. 26-3a. Report of pupils no longer enrolled in school.
The clerk or secretary of the school board of all school districts shall
furnish quarterly on the first school day of October, January, April and
July to the regional superintendent and to the Secretary of State a list of pupils, excluding
transferees, who have been expelled or have withdrawn or who have left
school and have been removed from the regular attendance rolls during the
period of time school was in regular session from the time of the previous
quarterly report. Such list shall include the names and addresses of pupils
formerly in attendance, the names and addresses of persons having custody
or control of such pupils, the reason, if known, such pupils are no longer
in attendance and the date of removal from the attendance rolls. The list shall also include the names of: pupils whose withdrawal is due to extraordinary circumstances, including but not limited to economic or medical necessity or family hardship, as determined by the criteria established by the school district; pupils who have re-enrolled in school since their names were removed from the attendance rolls; any pupil certified to be a chronic or habitual truant, as defined in Section 26-2a; and pupils previously certified as chronic or habitual truants who have resumed regular school attendance. The
regional superintendent shall inform the county or district truant officer
who shall investigate to see that such pupils are in compliance with the
requirements of this Article.
Each local school district shall establish, in writing, a set of criteria for use by the local superintendent of schools in determining whether a pupil's failure to attend school is the result of extraordinary circumstances, including but not limited to economic or medical necessity or family hardship. If a pupil re-enrolls in school after his or her name was removed from the attendance rolls or resumes regular attendance after being certified a chronic or habitual truant, the pupil must obtain and forward to the Secretary of State, on a form designated by the Secretary of State, verification of his or her re-enrollment. The verification may be in the form of a signature or seal or in any other form determined by the school board.
The State Board of Education shall, if possible, make available to any person, upon request, a comparison of drop out rates before and after the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.)
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(105 ILCS 5/26-3b) (from Ch. 122, par. 26-3b)
Sec. 26-3b.
Beginning July 1, 1986, if any child enrolled in a public school
in grades Kindergarten through 8 is absent from school, and there is no record
that such absence is for a valid cause, as defined under Article 26 of this
Code, nor notification that the absence has been authorized by the parent,
legal guardian or other person having legal custody of such child, an
employee or other agent, whether a volunteer or otherwise, designated by
the public school in which the child
is enrolled shall, within 2 hours after the first class in which the child
is enrolled, make a reasonable effort to promptly telephone and notify
the parent, legal guardian, or other person having legal
custody of the child, of the child's absence from school. Such
notification shall not be given for an absence authorized by the parent,
legal guardian or other person having legal custody of such child. Prior
to any enrollment of a child in a public school, the school district shall
notify parents, legal guardians, or other persons having legal custody of a
child, of their responsibility to authorize any absence and to notify the
school in advance or at the time of any such absence, and that the school
requires at least one and not more than 2 telephone numbers be given for
purposes of this Section. The school district shall require that such
telephone numbers be given at the time of enrollment of the child in
school, which said numbers may be changed from time to time upon
notification to the school.
The requirements of this Section shall have been met by the school if
notification of an absence has been attempted by telephoning the 1 or 2
numbers given the school by the parent, legal guardian or other person
having legal custody of a child, whether or not there is any answer at such
telephone number or numbers. Further, the requirements of this Section
shall have been met if the said notification is given to a member of the
household of the child's parent, legal guardian or other person having
legal custody of the child, which said member of the household must be 10
years of age or older.
An employee or other agent designated by the public school who in good
faith makes a reasonable effort to notify the parent, legal guardian or
other person having legal custody of a child of the child's absence from
school, when required by this Section, shall not, as a result of his acts
or omissions, except wilful or wanton misconduct on the part of such
employee or agent in attempting to comply with the notification
requirements of this Section, be liable for civil damages.
(Source: P.A. 84-178; 84-682.)
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(105 ILCS 5/26-3d) (from Ch. 122, par. 26-3d)
Sec. 26-3d.
All regional superintendents, district
superintendents, and special education joint agreement directors shall
collect data concerning truants, chronic truants, and truant minor pupils
as designated by the State Board
of Education. On or before August 15 of each year, this data must be submitted to the State Board of Education.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/26-4)
Sec. 26-4.
(Repealed).
(Source: Repealed by P.A. 88-50.)
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(105 ILCS 5/26-5) (from Ch. 122, par. 26-5)
Sec. 26-5.
Duties
of truant officers.
The truant officer of the school district, whenever notified by the
Superintendent, teacher, or other person of violations of this Article, or
the county truant officer, when notified by the County Superintendent,
shall investigate all cases of truancy or non-attendance at school in their
respective jurisdictions, and if the children complained of are not exempt
under the provisions of this Article, the truant officer shall proceed as
is provided in this Article. The county truant officer, within the county
and the district truant officers, within their respective districts, shall
in the exercise of their duties be conservators of the peace and shall keep
the same, suppress riots, routs, affray, fighting, breaches of the peace,
and prevent crime; and may arrest offenders on view and cause them to be
brought before proper officials for trial or examination.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/26-6) (from Ch. 122, par. 26-6)
Sec. 26-6.
List and reports in districts employing truant officers.
In school districts which employ truant officers the clerk or
secretary of the school board shall at the beginning of each school year
furnish a copy of the last school census to the superintendent of
schools (or principal teacher) in the district, together with the names
and addresses of the truant officers in the district, and the
superintendent, (or principal teacher) shall compare the census list
with the enrollment of the school or schools and, from time to time,
report to the proper truant officers the names and addresses of persons
having custody or control of children included under the provisions of
this Article who are truant or who are chronic or habitual truants for whom
supportive services and other school resources have failed to correct the
truant behavior and who are not in regular attendance at public schools
and also the names of persons having custody or control of children who are
not in regular attendance at school and whose names are not included in
the census list.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-7) (from Ch. 122, par. 26-7)
Sec. 26-7. Notice
to custodian-Notice of non-compliance. If any person fails to send any child under his custody or control to
some lawful school, the truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee
shall, as soon as practicable after
he is notified thereof, give notice in person or by mail to such person
that such child shall be present at the proper public school on the day
following the receipt of such notice. The notice shall state the date that
attendance at school must begin and that such attendance must be continuous
and consecutive in the district during the remainder of the school year.
The truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee shall at the same time that such notice is given notify
the teacher or superintendent of the proper public school thereof and the
teacher or superintendent shall notify the truant officer or regional superintendent of schools of any
non-compliance therewith.
(Source: P.A. 93-858, eff. 1-1-05.)
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(105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
Sec. 26-8. Determination as to compliance - Complaint in circuit court.
Except for a school district organized under Article 34 of this Code, a truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee, after giving the notice provided in Section 26-7, shall
determine whether the notice has been complied with. If 3 notices have been given and the notices have not
been complied with, and if the persons having custody or control have knowingly
and willfully permitted the truant behavior to continue, the regional superintendent of schools, or his or her designee, of the school district where the child resides shall conduct a truancy hearing. If the regional superintendent determines as a result of the hearing that the child is truant, the regional superintendent shall, if age appropriate at the discretion of the regional superintendent, require the student to complete 20 to 40 hours of community service over a period of 90 days. If the truancy persists, the regional superintendent shall (i) make complaint against the persons having custody or control to the state's
attorney or in the circuit court in the county where such person resides
for failure to comply with the provisions of this Article or (ii) conduct truancy mediation and encourage the student to enroll in a graduation incentives program under Section 26-16 of this Code. If, however,
after giving the notice provided in Section 26-7 the truant behavior has
continued, and the child is beyond the control of the parents, guardians
or custodians, a truancy petition shall be filed under the provisions of
Article III of the Juvenile Court Act of 1987.
(Source: P.A. 102-456, eff. 1-1-22.)
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(105 ILCS 5/26-8a) (from Ch. 122, par. 26-8a)
Sec. 26-8a.
The petition for court action shall include the name of the
truant minor, the names and addresses of persons having custody or control
of the student, the dates of the truant behavior, the dates and nature of
contacts or conferences with the student and the persons having custody
or control of the student, and the nature of the supportive services, alternative
programs and other school resources the school district provided to that
child in an effort to correct that child's truant behavior.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-8b) (from Ch. 122, par. 26-8b)
Sec. 26-8b.
When a petition is filed, it shall be set for an
adjudicatory hearing within 10 days and acted upon within 30 days, subject
to the provisions of the Juvenile Court Act or the Juvenile Court Act of
1987 if filed thereunder.
(Source: P.A. 85-1209.)
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(105 ILCS 5/26-9) (from Ch. 122, par. 26-9)
Sec. 26-9.
School
officers and teachers to assist truant officers.
School officers, superintendents, teachers or other persons shall render
such assistance and furnish such information as they have to aid truant
officers in the performance of their duties.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/26-10) (from Ch. 122, par. 26-10)
Sec. 26-10.
Fine for noncompliance.) Any person having custody or control
of a child subject to the provisions of this Article to whom notice has
been given of the child's truancy and who knowingly and wilfully permits
such a child to persist in his truancy within that school year, upon conviction
thereof shall be guilty of a Class C misdemeanor and shall be subject to
not more than 30 days imprisonment and/or a fine of up to $500.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-11) (from Ch. 122, par. 26-11)
Sec. 26-11.
Punishment for certain offenses.
Any person who induces or attempts to induce any child to be absent from
school unlawfully, or who knowingly employs or harbors, while school is in
session, any child absent unlawfully from school for 3 consecutive school
days, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
Sec. 26-12. Punitive action. (a) No punitive action,
including out-of-school suspensions, expulsions, or court action, shall
be taken against truant minors for such truancy unless appropriate and available supportive services
and other school resources have been provided to the student. Notwithstanding the provisions of Section 10-22.6 of this Code, a truant minor may not be expelled for nonattendance unless he or she has accrued 15 consecutive days of absences without valid cause and the student cannot be located by the school district or the school district has located the student but cannot, after exhausting all available supportive services, compel the student to return to school.
(b) A school district may not refer a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the child a fine or a fee as punishment for his or her truancy. (c) A school district may refer any person having custody or control of a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the person a fine or fee for the child's truancy only if the school district's truant officer, regional office of education, or intermediate service center has been notified of the truant behavior and the school district, regional office of education, or intermediate service center has offered all appropriate and available supportive services and other school resources to the child. Before a school district may refer a person having custody or control of a child to a municipality, as defined under Section 1-1-2 of the Illinois Municipal Code, the school district must provide the following appropriate and available services: (1) For any child who is a homeless child, as defined | ||
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(2) For any child with a documented disability, a | ||
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(3) For any child currently being evaluated by a | ||
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(d) Before a school district may refer a person having custody or control of a child to a local public entity under this Section, the school district must document any appropriate and available supportive services offered to the child. In the event a meeting under this Section does not occur, a school district must have documentation that it made reasonable efforts to convene the meeting at a mutually convenient time and date for the school district and the person having custody or control of the child and, but for the conduct of that person, the meeting would have occurred. (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
Sec. 26-13. Absenteeism and truancy policies. School districts shall
adopt policies, consistent with rules adopted by the State Board of
Education and Section 22-92, which identify the appropriate supportive services and available
resources which are provided for truants and chronic truants.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
Sec. 26-14. Truancy programs for dropouts. Any dropout, as defined in
Section 26-2a, who is 17 years of age
may apply to a school district
for status as a truant, and the school district shall permit such person to
participate in the district's various programs and resources for truants.
At the time of the person's application, the district may request
documentation of his dropout status for the previous 6 months.
(Source: P.A. 93-858, eff. 1-1-05.)
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(105 ILCS 5/26-15) (from Ch. 122, par. 26-15)
Sec. 26-15.
Truant minors.
When a regional superintendent has reason
to believe that a pupil is a truant minor as defined in Section 26-2a, the
regional superintendent may report such pupil under the provisions of the
Juvenile Court Act.
(Source: P.A. 85-1209.)
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(105 ILCS 5/26-16) Sec. 26-16. Graduation incentives program.
(a) The General Assembly finds that it is critical to provide options for children to succeed in school. The purpose of this Section is to provide incentives for and encourage all Illinois students who have experienced or are experiencing difficulty in the traditional education system to enroll in alternative programs. (b) Any student who is below the age of 20 years is eligible to enroll in a graduation incentives program if he or she: (1) is considered a dropout pursuant to Section | ||
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(2) has been suspended or expelled pursuant to | ||
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(3) is pregnant or is a parent; (4) has been assessed as chemically dependent; or (5) is enrolled in a bilingual education or LEP | ||
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(c) The following programs qualify as graduation incentives programs for students meeting the criteria established in this Section: (1) Any public elementary or secondary education | ||
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(2) Any alternative learning opportunities program | ||
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(3) Vocational or job training courses approved by | ||
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(4) Job and career programs approved by the State | ||
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(5) Adult education courses that offer preparation | ||
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(d) Graduation incentives programs established by school districts are entitled to claim general State aid and evidence-based funding, subject to Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. Graduation incentives programs operated by regional offices of education are entitled to receive general State aid and evidence-based funding at the foundation level of support per pupil enrolled. A school district must ensure that its graduation incentives program receives supplemental general State aid, transportation reimbursements, and special education resources, if appropriate, for students enrolled in the program.
(Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/26-17) Sec. 26-17. (Repealed).
(Source: P.A. 97-911, eff. 8-8-12. Repealed internally, eff. 11-2-12.) |
(105 ILCS 5/26-18) Sec. 26-18. Chronic absenteeism report and support. (a) As used in this Section: "Chronic absence" means absences that total 10% or more of school days of the most recent academic school year, including absences with and without valid cause, as defined in Section 26-2a of this Code, and out-of-school suspensions for an enrolled student. "Student" means any enrolled student that is subject to compulsory attendance under Section 26-1 of this Code but does not mean a student for whom a documented homebound or hospital record is on file during the student's absence from school. (b) The General Assembly finds that: (1) The early years are a critical period in | ||
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(2) Being absent too many days from school can make | ||
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(3) Every day of school attendance matters for all | ||
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(c) Beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. The review shall include an analysis of chronic absence data from each attendance center or campus of the school district, charter school, or alternative school or other school receiving public funds. (d) School districts, charter schools, or alternative schools or any school receiving public funds are encouraged to provide a system of support to students who are at risk of reaching or exceeding chronic absence levels with strategies such as those available through the Illinois Multi-tiered Systems of Support Network. Schools additionally are encouraged to make resources available to families such as those available through the State Board of Education's Family Engagement Framework to support and engage students and their families to encourage heightened school engagement and improved daily school attendance.
(Source: P.A. 100-156, eff. 1-1-18.) |
(105 ILCS 5/26-19) Sec. 26-19. Chronic absenteeism in preschool children. (a) In this Section, "chronic absence" has the meaning ascribed to that term in Section 26-18 of this Code. (b) The General Assembly makes all of the following findings: (1) The early years are an extremely important period | ||
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(2) Missed learning opportunities in the early years | ||
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(3) Attendance patterns in the early years serve as | ||
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(c) The Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code shall collect and review its chronic absence data and determine what support and resources are needed to positively engage chronically absent students and their families to encourage the habit of daily attendance and promote success. (d) The Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code are encouraged to do all of the following: (1) Provide support to students who are at risk of | ||
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(2) Make resources available to families, such as | ||
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(3) Include information about chronic absenteeism as | ||
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(e) On or before July 1, 2020, and annually thereafter, the Preschool for All Program and Preschool for All Expansion Program shall report all data collected under subsection (c) of this Section to the State Board of Education, which shall make the report publicly available via the Illinois Early Childhood Asset Map Internet website and the Preschool for All Program or Preschool for All Expansion Program triennial report.
(Source: P.A. 102-539, eff. 8-20-21.) |
(105 ILCS 5/Art. 26A heading) ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS, EXPECTANT PARENTS, OR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-1. Scope of Article. This Article applies to all school districts and schools governed by this Code, including schools operating under Article 13, 13A, 13B, 27A, 32, 33, or 34. However, this Article does not apply to the Department of Juvenile Justice School District.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-5. Purpose. The purpose of this Article is to ensure that Illinois schools have policies, procedures, or both, in place that enable children and students who are parents, expectant parents, or victims of domestic or sexual violence to be identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related services necessary to enable them to meet State educational standards and successfully attain a school diploma. This Article shall be interpreted liberally to aid in this purpose. Nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-10) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-10. Definitions. In this Article: "Confidential" means information or facts expected and intended to be kept private or protected by an existing privilege in the Code of Civil Procedure. Confidential information may be disclosed by a school or school district if such disclosure is required by State or federal law or is necessary to complete proceedings relevant to this Article. Designation of student information as confidential applies to the school and school district and does not limit a student's right to speak about the student's experiences. "Consent" includes, at a minimum, a recognition that (i) consent is a freely given agreement to sexual activity, (ii) an individual's lack of verbal or physical resistance or submission resulting from the use of threat of force does not constitute consent, (iii) an individual's manner of dress does not constitute consent, (iv) an individual's consent to past sexual activity does not constitute consent to future sexual activity, (v) an individual's consent to engage in one type of sexual activity with one person does not constitute consent to engage in any other type of sexual activity or sexual activity with another person, (vi) an individual can withdraw consent at any time, and (vii) an individual cannot consent to sexual activity if that individual is unable to understand the nature of the activity or give knowing consent due to the circumstances that include, but are not limited to, all the following: (1) The individual is incapacitated due to the use or | ||
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(2) The individual is asleep or unconscious. (3) The individual is under the age of consent. (4) The individual is incapacitated due to a mental | ||
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"Domestic or sexual violence" means domestic violence, gender-based harassment, sexual activity without consent, sexual assault, sexual violence, or stalking. Domestic or sexual violence may occur through electronic communication. Domestic or sexual violence exists regardless of when or where the violence occurred, whether or not the violence is the subject of a criminal investigation or the perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or has been issued by a court, or whether or not any domestic or sexual violence took place on school grounds, during regular school hours, or during a school-sponsored event. "Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or advocates for those victims, including an organization carrying out a domestic or sexual violence program, an organization operating a shelter or a rape crisis center or providing counseling services, an accredited children's advocacy center, an organization that provides services to or advocates on behalf of children and students who are gay, lesbian, bisexual, transgender, or gender nonconforming, an organization that provides services to or advocates on behalf of children and students who are parents or expectant parents, or an organization seeking to eliminate domestic or sexual violence or to address the consequences of that violence for its victims through legislative advocacy or policy change, public education, or service collaboration. "Domestic violence" means abuse, as defined in the Illinois Domestic Violence Act of 1986, by family or household members, as defined in the Illinois Domestic Violence Act of 1986. "Electronic communication" includes communications via telephone, mobile phone, computer, email, video recorder, fax machine, telex, pager, apps or applications, or any other electronic communication or cyberstalking under Section 12-7.5 of the Criminal Code of 2012. "Expectant parent" means a student who (i) is pregnant and (ii) has not yet received a diploma for completion of a secondary education, as defined in Section 22-22. "Gender-based harassment" means any harassment or discrimination on the basis of an individual's actual or perceived sex or gender, including unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, or unwelcome conduct, including verbal, nonverbal, or physical conduct that is not sexual in nature but is related to a student's status as a parent, expectant parent, or victim of domestic or sexual violence. "Harassment" means any unwelcome conduct on the basis of a student's actual or perceived race, gender, color, religion, national origin, ancestry, sex, marital status, order of protection status, disability, sexual orientation, gender identity, pregnancy, or citizenship status that has the purpose or effect of substantially interfering with the individual's academic performance or creating an intimidating, hostile, or offensive learning environment. "Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence. The term "perpetrator" must be used with caution when applied to children, particularly young children. "Poor academic performance" means a student who has (i) scored in the 50th percentile or below on a school district-administered standardized test, (ii) received a score on a State assessment that does not meet standards in one or more of the fundamental learning areas under Section 27-1, as applicable for the student's grade level, or (iii) not met grade-level expectations on a school district-designated assessment. "Representative" means an adult who is authorized to act on behalf of a student during a proceeding, including an attorney, parent, or guardian. "School" means a school district or school governed by this Code, including a school operating under Article 13, 13A, 13B, 27A, 32, 33, or 34, other than the Department of Juvenile Justice School District. "School" includes any other entity responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, or the Department of Human Services, and nonpublic schools recognized by the State Board of Education. "Sexual activity" means any knowingly touching or fondling by one person, either directly or through clothing, of the sex organs, anus, mouth, or breast of another person for the purpose of sexual gratification or arousal. "Sexual assault" or "sexual violence" means any conduct of an adult or minor child proscribed in Article 11 of the Criminal Code of 2012, except for Sections 11-35, 11-40, and 11-45 of the Criminal Code of 2012, including conduct committed by a perpetrator who is a stranger to the victim and conduct by a perpetrator who is known or related by blood or marriage to the victim. "Stalking" means any conduct proscribed in Section 12-7.3, 12-7.4, or 12-7.5 of the Criminal Code of 2012, including stalking committed by a perpetrator who is a stranger to the victim and stalking committed by a perpetrator who is known or related by blood or marriage to the victim. "Student" or "pupil" means any child who has not yet received a diploma for completion of a secondary education. "Student" includes, but is not limited to, an unaccompanied minor not in the physical custody of a parent or guardian. "Student at risk of academic failure" means a student who is at risk of failing to meet the Illinois Learning Standards or failing to graduate from elementary or high school and who demonstrates a need for educational support or social services beyond those provided by the regular school program. "Student parent" means a student who is a custodial or noncustodial parent taking an active role in the care and supervision of a child and who has not yet received a diploma for completion of a secondary education. "Support person" means any person whom the victim has chosen to include in proceedings for emotional support or safety. A support person does not participate in proceedings but is permitted to observe and support the victim with parent or guardian approval. "Support person" may include, but is not limited to, an advocate, clergy, a counselor, and a parent or guardian. If a student is age 18 years or older, the student has the right to choose a support person without parent or guardian approval. "Survivor-centered" means a systematic focus on the needs and concerns of a survivor of sexual violence, domestic violence, dating violence, or stalking that (i) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner, (ii) ensures an understanding of how trauma affects survivor behavior, (iii) maintains survivor safety, privacy, and, if possible, confidentiality, and (iv) recognizes that a survivor is not responsible for the sexual violence, domestic violence, dating violence, or stalking. "Trauma-informed response" means a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators. "Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-15) (Section scheduled to be repealed on December 1, 2025) Sec. 26A-15. Ensuring Success in School Task Force. (a) The Ensuring Success in School Task Force is created to draft and publish model policies and intergovernmental agreements for inter-district transfers; draft and publish model complaint resolution procedures as required in subsection (c) of Section 26A-25; identify current mandatory educator and staff training and additional new trainings needed to meet the requirements as required in Section 26A-25 and Section 26A-35. These recommended policies and agreements shall be survivor-centered and rooted in trauma-informed responses and used to support all students, from pre-kindergarten through grade 12, who are survivors of domestic or sexual violence, regardless of whether the perpetrator is school-related or not, or who are parenting or pregnant, regardless of whether the school is a public school, nonpublic school, or charter school. (b) The Task Force shall be representative of the geographic, racial, ethnic, sexual orientation, gender identity, and cultural diversity of this State. The Task Force shall consist of all of the following members, who must be appointed no later than 60 days after the effective date of this amendatory Act of the 102nd General Assembly: (1) One Representative appointed by the Speaker of | ||
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(2) One Representative appointed by the Minority | ||
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(3) One Senator appointed by the President of the | ||
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(4) One Senator appointed by the Minority Leader of | ||
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(5) One member who represents a State-based | ||
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(6) One member who represents a State-based, | ||
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(7) One member who represents a statewide, nonprofit, | ||
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(8) One member who represents a statewide, nonprofit, | ||
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(9) One member who represents an organization that | ||
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(10) One member who represents a youth-led | ||
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(11) One member who represents the Children's | ||
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(12) One representative of the State Board of | ||
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(13) One member who represents a statewide | ||
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(14) One member who represents a statewide | ||
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(15) One member who represents a statewide | ||
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(16) One member who represents a statewide | ||
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(17) One member who represents a different statewide | ||
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(18) One member who represents a statewide | ||
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(19) One member who represents a statewide | ||
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(20) One member who represents a school district | ||
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(21) One member who represents an association | ||
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(c) The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation. (d) On or before June 30, 2024, the Task Force shall report its work, including model policies, guidance recommendations, and agreements, to the Governor and the General Assembly. The report must include all of the following: (1) Model school and district policies to facilitate | ||
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(2) Model school and district policies to ensure | ||
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(3) Model school and district complaint resolution | ||
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(4) Guidance for schools and districts regarding | ||
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(e) The Task Force is dissolved upon submission of its report under subsection (d). (f) This Section is repealed on December 1, 2025.
(Source: P.A. 102-466, eff. 5-20-22 (see Section 5 of P.A. 102-894 for effective date of P.A. 102-466).) |
(105 ILCS 5/26A-20) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-20. Review and revision of policies and procedures. (a) No later than July 1, 2024 and every 2 years thereafter, each school district must review all existing policies and procedures and must revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any student who is a student parent, expectant student parent, or victim of domestic or sexual violence or any policies or procedures that may compromise a criminal investigation relating to domestic or sexual violence or may re-victimize students. A school district must adopt new policies and procedures, as needed, to implement this Section and to ensure that immediate and effective steps are taken to respond to students who are student parents, expectant parents, or victims of domestic or sexual violence. (b) A school district's policy must be consistent with the model policy and procedures adopted by the State Board of Education and under Public Act 101-531. (c) A school district's policy on the procedures that a student or his or her parent or guardian may follow if he or she chooses to report an incident of alleged domestic or sexual violence must, at a minimum, include all of the following: (1) The name and contact information for domestic or | ||
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(2) The name, title, and contact information for | ||
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(3) An option for the student or the student's parent | ||
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(4) An option for reports by third parties and | ||
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(5) Information regarding the various individuals, | ||
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(6) The adoption of a complaint resolution procedure | ||
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(d) A school district must post its revised policies and procedures on its website, distribute them at the beginning of each school year to each student, and make copies available to each student and his or her parent or guardian for inspection and copying at no cost to the student or parent or guardian at each school within a school district.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-25) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-25. Complaint resolution procedure. (a) On or before July 1, 2024, each school district must adopt one procedure to resolve complaints of violations of this amendatory Act of the 102nd General Assembly. The respondent must be one or more of the following: the school, school district, or school personnel. These procedures shall comply with the confidentiality provisions of Sections 26A-20 and 26A-30. The procedures must include, at minimum, all of the following: (1) The opportunity to consider the most appropriate | ||
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(2) Any proceeding, meeting, or hearing held to | ||
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(3) Complainants alleging violations of this | ||
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(b) A school district must determine the individuals who will resolve complaints of violations of this amendatory Act of the 102nd General Assembly. (1) All individuals whose duties include resolution | ||
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(2) Each school must have a sufficient number of | ||
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(3) The complainant and any witnesses shall (i) | ||
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(c) When the alleged violation of this amendatory Act of the 102nd General Assembly involves making a determination or finding of responsibility of causing harm: (1) The individual making the finding must use a | ||
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(2) The complainant and respondent and any witnesses | ||
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(3) A live hearing is not required. If the complaint | ||
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(d) Each party and witness may request and must be allowed to have a representative or support persons of their choice accompany them to any meeting or proceeding related to the alleged violence or violation of this amendatory Act of the 102nd General Assembly if the involvement of the representative or support persons does not result in undue delay of the meeting or proceeding. This representative or support persons must comply with any rules of the school district's complaint resolution procedure. If the representative or support persons violate the rules or engage in behavior or advocacy that harasses, abuses, or intimidates either part, a witness, or an individual resolving the complaint, the representative or support person may be prohibited from further participation in the meeting or proceeding. (e) The complainant, regardless of the level of involvement in the complaint resolution procedure, and the respondent must have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure. (f) The complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure, are entitled to simultaneous written notification of the results of the complaint resolution procedure, including information regarding appeals rights and procedures, within 10 business days after a decision or sooner if required by State or federal law or district policy. (1) The complainant, respondents, and named | ||
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(2) An individual reviewing the findings or remedies | ||
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(3) The complainant and respondent and any | ||
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(g) Each school district must have a procedure to determine interim protective measures and support services available pending the resolution of the complaint including the implementation of court orders.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-30) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-30. Confidentiality. (a) Each school district must adopt and ensure that it has and implements a policy
to ensure that all information concerning a
student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, or a student who is a named perpetrator of domestic or sexual violence, provided to or otherwise obtained by the school district or its employees or agents pursuant to this Code or otherwise, including a statement of the student or any other documentation, record, or corroborating evidence that the student has requested or obtained assistance, support, or services pursuant to this Code, shall be retained in the strictest of confidence by the school district or its employees or agents and may not be disclosed to any other individual outside of the district, including any other employee, except if such disclosure is (i) permitted by the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, or other applicable State or federal laws, or (ii) requested or consented to, in writing, by the student or the student's parent or guardian if it is safe to obtain written consent from the student's parent or guardian. (b) Prior to disclosing information about a student's status as a parent, expectant parent, or victim of domestic or sexual violence, a school must notify the student and discuss and address any safety concerns related to the disclosure, including instances in which the student indicates or the
school or school district or its employees or agents are otherwise aware that the student's health or safety may be at risk if his or her status is disclosed to the student's parent or guardian, except as otherwise permitted by applicable State or federal law, including the Abused and Neglected Child Reporting Act, the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, and professional ethics policies that govern professional school personnel. (c) No student may be required to testify publicly concerning his or her status as a victim of domestic or sexual violence, allegations of domestic or sexual violence, his or her status as a parent or expectant parent, or the student's efforts to enforce any of his or her rights under provisions of this Code relating to students who are parents, expectant
parents, or victims of domestic or sexual violence. (d) In the case of domestic or sexual violence, except as permitted under State or federal law, or to the extent that a school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim, a school district must not contact the person named to be the perpetrator, the perpetrator's family, or any other person named by the student or named by the student's parent or guardian to be unsafe to contact to verify the violence. A school district must not contact the perpetrator, the perpetrator's family, or any
other person named by the student or the student's parent or guardian to be unsafe for any other reason without providing prior written notice to the student's parent or guardian. Nothing in this Section prohibits the school or school district from taking other steps to investigate the violence or from contacting persons not named by the student or the student's parent or guardian as unsafe to contact. Nothing in this Section prohibits the school or school district from taking reasonable steps to protect students. If the reasonable steps taken to protect students involve conduct that is prohibited under this subsection, the school must provide notice to the reporting student, in writing and in a developmentally appropriate communication format, of its intent to contact the parties named to be unsafe.
(e) This Section shall not apply to notification of parents or guardians if the perpetrator of the alleged sexual misconduct is an employee, agent, or contractor of a school district, charter school, or nonpublic school with direct contact with children or students. (Source: P.A. 102-466, eff. 7-1-25; 102-702, eff. 7-1-23.) |
(105 ILCS 5/26A-35) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-35. Domestic or sexual violence and parenting resource personnel. (a) Each school district shall designate or appoint at least one staff person at each school in the district who is employed at least part time at the school and who is a school social worker, school psychologist, school counselor, school nurse, or school administrator trained to address, in a survivor-centered, trauma responsive, culturally responsive, confidential, and sensitive manner, the needs of students who are parents, expectant parents, or victims of domestic or sexual violence. The designated or appointed staff person must have all of the following duties: (1) To connect students who are parents, expectant | ||
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(2) To coordinate the implementation of the school's | ||
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(3) To coordinate the implementation of the school's | ||
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(4) To assist students described in paragraph (1) in | ||
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(5) To assist in providing staff development to | ||
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(b) A member of staff who is designated or appointed under subsection (a) must (i) be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence, including the theories and dynamics of domestic and sexual violence, the necessity for confidentiality and the law, policy, procedures, and protocols implementing confidentiality, and the notification of the student's parent or guardian regarding the student's status as a parent, expectant parent, or victim of domestic or sexual violence or the enforcement of the student's rights under this Code if the notice of the student's status or the involvement of the student's parent or guardian may put the health or safety of the student at risk, including the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code, or (ii) at a minimum, have participated in an in-service training program under subsection (d) of Section 10-22.39 that includes training on the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code within 12 months prior to his or her designation or appointment. (c) A school district must designate or appoint and train all domestic or sexual violence and parenting resource personnel, and the personnel must assist in implementing the duties as described in this Section no later than June 30, 2024, except in those school districts in which there exists a collective bargaining agreement on the effective date of this amendatory Act of the 102nd General Assembly and the implementation of this Section would be a violation of that collective bargaining agreement. If implementation of some activities required under this Section is prevented by an existing collective bargaining agreement, a school district must comply with this Section to the fullest extent allowed by the existing collective bargaining agreement no later than June 30, 2024. In those instances in which a collective bargaining agreement that either fully or partially prevents full implementation of this Section expires after June 30, 2024, a school district must designate or appoint and train all domestic and sexual violence and parenting resource personnel, who shall implement the duties described in this Section no later than the effective date of the new collective bargaining agreement that immediately succeeds the collective bargaining agreement in effect on the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-40) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-40. Support and services. (a) To facilitate the full participation of students who are parents, expectant parents, or victims of domestic or sexual violence, each school district must provide those students with in-school support services and information regarding nonschool-based support services, and the ability to make up work missed on account of circumstances related to the student's status as a parent, expectant parent, or victim of domestic or sexual violence. Victims of domestic or sexual violence must have access to those supports and services regardless of when or where the violence for which they are seeking supports and services occurred. All supports and services must be offered for as long as necessary to maintain the mental and physical well-being and safety of the student. Schools may periodically check on students receiving supports and services to determine whether each support and service continues to be necessary to maintain the mental and physical well-being and safety of the student or whether termination is appropriate. (b) Supports provided under subsection (a) shall
include, but are not limited to (i) the provision of
sufficiently private settings to ensure confidentiality and
time off from class for meetings with counselors or other
service providers, (ii) assisting the student with a student
success plan, (iii) transferring a victim of domestic or
sexual violence or the student perpetrator to a different
classroom or school, if available, (iv) changing a seating assignment, (v)
implementing in-school, school grounds, and bus safety
procedures, (vi) honoring court orders, including orders of
protection and no-contact orders to the fullest extent
possible, and (vii) providing any other supports that may
facilitate the full participation in the regular education
program of students who are parents, expectant parents, or
victims of domestic or sexual violence. (c) If a student who is a parent, expectant parent, or
victim of domestic or sexual violence is a student at risk of
academic failure or displays poor academic performance, the
student or the student's parent or guardian may request that
the school district provide the student with or refer the
student to education and support services designed to assist
the student in meeting State learning standards. A school
district may either provide education or support services
directly or may collaborate with public or private State,
local, or community-based organizations or agencies that
provide these services. A school district must also inform
those students about support services of
nonschool-based organizations and agencies from which those
students typically receive services in the community. (d) Any student who is unable, because of circumstances
related to the student's status as a parent, expectant parent,
or victim of domestic or sexual violence, to participate in
classes on a particular day or days or at the particular time
of day must be excused in accordance with the procedures set forth in this Code.
Upon student or parent or guardian's request, the
teachers and of the school administrative personnel and
officials shall make available to each student who is unable to
participate because of circumstances related to the student's
status as a parent, expectant parent, or victim of domestic or
sexual violence a meaningful opportunity to make up any
examination, study, or work requirement that the student has
missed because of the inability to participate on any
particular day or days or at any particular time of day. For a
student receiving homebound instruction, it is the
responsibility of the student and parent to work with the
school or school district to meet academic standards for
matriculation, as defined by school district policy. Costs
assessed by the school district on the student for
participation in those activities shall be considered waivable
fees for any student whose parent or guardian is unable to
afford them, consistent with Section 10-20.13. Each school
district must adopt written policies for waiver
of those fees in accordance with rules adopted by the State
Board of Education. (e) If a school or school district employee or agent
becomes aware of or suspects a student's status as a parent,
expectant parent, or victim of domestic or sexual violence, it
is the responsibility of the employee or agent of the school or
school district to
refer the student to the school district's domestic
or sexual violence and parenting resource personnel set forth
in Section 26A-35. A school district must make respecting a
student's privacy, confidentiality, mental and physical
health, and safety a paramount concern. (f) Each school must honor a student's and a parent's or
guardian's decision to obtain education and support services
and nonschool-based support services, to
terminate the receipt of those education and support services,
or nonschool-based support services, or to
decline participation in those education and support services,
or nonschool-based support services. No
student is obligated to use education and support services,
or nonschool-based support services. In
developing educational support services, the
privacy, mental and physical health, and safety of the student
shall be of paramount concern. No adverse or prejudicial
effects may result to any student because of the student's
availing of or declining the provisions of this Section as
long as the student is working with the school to meet academic
standards for matriculation as defined by school district
policy. (g) Any support services
must be available in any school or by home
or hospital instruction to the highest quality and fullest
extent possible for the individual setting. (h) School-based counseling
services, if available, must be offered to students
who are parents, expectant parents, or victims of domestic or
sexual violence consistent with the Mental Health and
Developmental Disabilities Code. At least once every school
year, each school district must inform, in writing, all school
personnel and all students 12 years of age or older of the
availability of counseling without parental or guardian
consent under Section 3-5A-105 (to be renumbered as Section
3-550 in a revisory bill as of the effective date of this
amendatory Act of the 102nd General Assembly) of the Mental
Health and Developmental Disabilities Code. This information
must also be provided to students immediately after any school
personnel becomes aware that a student is a parent, expectant
parent, or victim of domestic or sexual violence. (i) All domestic or sexual violence organizations and
their staff and any other nonschool organization and its staff
shall maintain confidentiality under federal and State
laws and their professional ethics policies regardless of when
or where information, advice, counseling, or any other
interaction with students takes place. A school or school
district may not request or require those organizations or
individuals to breach confidentiality.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-45) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-45. Verification. (a) For purposes of students asserting their rights under provisions relating to domestic or sexual violence in Sections 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a school district may require verification of the claim. The student or the student's parents or guardians shall choose which form of verification to submit to the school district. A school district may only require one form of verification, unless the student is requesting a transfer to another school, in which case the school district may require 2 forms of verification. All forms of verification received by a school district under this subsection (a) must be kept in a confidential temporary file, in accordance with the Illinois School Student Records Act. Any one of the following shall be an acceptable form of verification of a student's claim of domestic or sexual violence: (1) A written statement from the student or anyone | ||
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(2) A police report, governmental agency record, or | ||
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(3) A statement or other documentation from a | ||
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(4) Documentation from a lawyer, clergy person, | ||
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(5) Any other evidence, such as physical evidence of | ||
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(b) A student or a student's parent or guardian who has provided acceptable verification that the student is or has been a victim of domestic or sexual violence may not be required to provide any additional verification if the student's efforts to assert rights under this Code stem from a claim involving the same perpetrator or the same incident of violence. No school or school district shall request or require additional documentation. (c) The person named to be the perpetrator, the
perpetrator's family, or any other person named by the student
or the student's parent or guardian to be unsafe to contact may
not be contacted to verify the violence, except to the extent that the district determines that it has an obligation to do so based on federal or State law or safety concerns for the school community, including such concerns for the victim. Prior to making contact, a school must notify the student and his or his parent or guardian in writing and in a developmentally appropriate manner, and discuss
and address any safety concerns related to making such contact.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-50) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-50. Prohibited practices. No school or school
district may take any adverse action against a student who is a
parent, expectant parent, or victim of domestic or sexual
violence because the student or his or her parent or guardian
(i) exercises or attempts to exercise his or her rights under
this amendatory Act of the 102nd General Assembly, (ii)
opposes practices that the student or his or her parent or
guardian believes to be in violation of this amendatory Act of
the 102nd General Assembly, or (iii) supports the exercise of
the rights of another under this amendatory Act of the 102nd
General Assembly. Exercising rights under this amendatory Act of the 102nd
General Assembly
includes, but is not limited to,
filing a complaint with the school district as set forth in this Code
or in any manner requesting, availing
himself or herself of, or declining any of the provisions of
this Code, including,
but not limited to, supports and services.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/Art. 27 heading) ARTICLE 27.
COURSES OF STUDY--SPECIAL INSTRUCTION
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(105 ILCS 5/27-1) (from Ch. 122, par. 27-1)
Sec. 27-1. Areas of education taught - discrimination
on account of sex. The State of Illinois, having the responsibility of
defining requirements for elementary and secondary education, establishes
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development and entry into the world of work. Such areas include the language
arts, mathematics, the biological, physical and social sciences, the fine
arts and physical development and health.
Each school district shall give priority in the allocation of resources,
including funds, time allocation, personnel, and facilities, to fulfilling
the primary purpose of schooling.
The State Board of Education shall establish goals and learning standards consistent with the
above purposes and define the knowledge and skills which the State expects
students to master and apply as a consequence of their education.
Each school district shall establish learning objectives consistent with
the State Board of Education's goals and learning standards for the areas referred to in this Section, shall develop appropriate testing and
assessment systems for determining the degree to which students are
achieving the objectives, and shall develop reporting systems to apprise the
community and State of the assessment results.
Each school district shall make available to all
students academic and vocational courses for the attainment of learning
objectives.
No student shall be refused admission into or be excluded from any
course of instruction offered in the common schools by reason of that
person's sex. No student shall, solely by reason of that person's sex,
be denied equal access to physical education and interscholastic
athletic programs or comparable programs supported from school district
funds. This Section is violated when a high school subject to this Act
participates in the post-season basketball tournament of any organization
or association that does not conduct post-season high school basketball
tournaments for both boys and girls, which tournaments are identically
structured. Conducting identically structured tournaments includes having
the same number of girls' teams as boys' teams playing, in their respective
tournaments, at any common location chosen for the final series of games in
a tournament; provided, that nothing in this paragraph shall be deemed to
prohibit the selection for the final series of games in the girls'
tournaments of a common location that is different than the common location
selected for the final series of games in the boys' tournaments. Except
as specifically stated in this Section, equal access
to programs supported by school district funds and comparable programs will
be defined in rules promulgated by the State Board of Education in
consultation with the Illinois High School Association.
(Source: P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/27-1.5) Sec. 27-1.5. (Repealed).
(Source: P.A. 96-1374, eff. 7-29-10. Repealed internally, eff. 7-1-12.) |
(105 ILCS 5/27-2) (from Ch. 122, par. 27-2)
Sec. 27-2.
Instruction in English language.
Instruction in all public
elementary and secondary
schools of the State shall be in the English language except in
second language programs and except in conjunction with programs which
the school board may provide, with the
approval of the State Board of Education pursuant to Article 14C, in a
language other than English for children whose first language is other than
English.
(Source: P.A. 85-1389.)
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(105 ILCS 5/27-3) (from Ch. 122, par. 27-3)
Sec. 27-3. Patriotism and principles of representative
government - Proper use of flag - Method of voting - Pledge of Allegiance.
American patriotism and the principles of representative government,
as enunciated in the American Declaration of Independence, the
Constitution of the United States of America and the Constitution of the
State of Illinois, and the proper use and display of the American flag,
shall be taught in all public schools and other educational institutions
supported or maintained in whole or in part by public funds. No student
shall receive a certificate of graduation without passing a satisfactory
examination upon such subjects, which may be administered remotely.
Instruction shall be given in all such schools and institutions in
the method of voting at elections by means of the Australian Ballot
system and the method of the counting of votes for candidates.
The Pledge of Allegiance shall be recited each school day by pupils in
elementary and secondary educational institutions supported or maintained
in whole or
in part by public funds.
(Source: P.A. 101-643, eff. 6-18-20.)
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(105 ILCS 5/27-3.5) Sec. 27-3.5. Congressional Medal of Honor film. Each school district shall require that all students in grade 7 and all high school students enrolled in a course concerning history of the United States or a combination of history of the United States and American government view a Congressional Medal of Honor film made by the Congressional Medal of Honor Foundation. This requirement does not apply if the Congressional Medal of Honor Foundation charges the school district a fee for a film.
(Source: P.A. 96-99, eff. 7-27-09.) |
(105 ILCS 5/27-3.10) Sec. 27-3.10. Elementary school civics course of study. In addition to the instruction required to be provided under Section 27-3 of this Code, every public elementary school shall include in its 6th, 7th, or 8th grade curriculum, beginning with the 2020-2021 school year, at least one semester of civics education, which shall help young people acquire and learn to use the skills, knowledge, and attitudes that will prepare them to be competent and responsible citizens throughout their lives. Civics education course content shall focus on government institutions, the discussion of current and societal issues, service learning, and simulations of the democratic process. Civics education in 6th, 7th, or 8th grade shall be in accordance with Illinois Learning Standards for social science. Additionally, school districts may consult with civics education stakeholders, deemed appropriate by the State Board of Education, with regard to civics education curriculum for 6th, 7th, or 8th grade. School districts may utilize private funding available for the purposes of offering civics education.
(Source: P.A. 101-254, eff. 7-1-20.) |
(105 ILCS 5/27-4) (from Ch. 122, par. 27-4)
Sec. 27-4.
Time
devoted to subjects mentioned in Section 27-3. Not less than one hour of
each school week shall be devoted to the study of the subject mentioned in
Section 27-3 in the seventh and eighth grades or their equivalent, and not
less than one hour of each school week to the advanced study thereof in all
high school grades, in the public schools and other institutions mentioned
in such Section.
This Section does not prevent the study of such subjects in any of the
lower grades in such schools or institutions.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-5) (from Ch. 122, par. 27-5)
Sec. 27-5.
Physical education and training.
School boards of public schools and the Board of Governors of State
Colleges and Universities shall provide for the physical education and
training of pupils of the schools and laboratory schools under their
respective control, and shall include physical education and training in
the courses of study regularly taught therein. The physical education
and training course offered in grades 5 through 10 may include
the health
education course required in the Critical Health Problems and
Comprehensive
Health Education Act.
(Source: P.A. 89-618, eff. 8-9-96.)
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(105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
Sec. 27-6. Courses in physical education required; special activities.
(a) Pupils enrolled in the public schools and State universities engaged in
preparing teachers shall be required to engage
during the school day, except on block scheduled days for those public schools engaged in block scheduling, in courses of physical education for such
periods as are
compatible with the optimum growth and developmental needs of
individuals at the various age levels except when appropriate excuses
are submitted to the school by a pupil's parent or guardian or by a person
licensed under the Medical Practice Act of 1987 and except as provided in
subsection (b) of this Section. A school board may determine the schedule or frequency of physical education courses, provided that a pupil engages in a course of physical education for a minimum of 3 days per 5-day week.
Special activities in physical education shall be provided for pupils
whose physical or emotional condition, as determined by a person licensed
under the Medical Practice Act of 1987, prevents their participation in the
courses provided for normal children.
(b) A school board is authorized to excuse pupils enrolled
in grades 11 and 12 from engaging in physical education courses if those
pupils request to be excused for any of the following reasons: (1) for
ongoing participation in an interscholastic
athletic program; (2) to enroll in academic classes which are required for
admission to an institution of higher learning, provided that failure to
take such classes will result in the pupil being denied admission to the
institution of his or her choice; or (3) to enroll in academic classes
which are required for graduation from high school, provided that failure to
take such classes will result in the pupil being unable to graduate. A school
board may also excuse pupils in grades 9 through 12 enrolled in a marching band
program for credit from engaging in physical education courses if those pupils
request to be excused for ongoing participation in such marching band
program. A school board may also, on a case-by-case basis, excuse pupils in grades 7 through 12 who participate in an interscholastic or extracurricular athletic program from engaging in physical education courses. In addition, a pupil
in any of grades 3 through 12 who is eligible for special education may be excused if the pupil's parent or guardian agrees that the pupil
must utilize the time set aside for physical education to receive special education support and services or, if there is no agreement, the individualized education program team for the pupil determines that the pupil must utilize the time set aside for physical education to receive special education support and services, which agreement or determination must be made a part of the individualized education program. However, a pupil requiring adapted physical education must receive that service in accordance with the individualized education program developed for the pupil. If requested, a school board is authorized to excuse a pupil from engaging in a physical education course if the pupil has an individualized educational program under Article 14 of this Code, is participating in an adaptive athletic program outside of the school setting, and documents such participation as determined by the school board. A school board may also excuse pupils in grades 9 through 12 enrolled
in a Reserve Officer's Training Corps (ROTC) program sponsored by the school
district from engaging in physical education courses.
School boards which choose to exercise this authority shall establish a policy
to excuse pupils on an individual basis.
(b-5) A pupil shall be excused from engaging in any physical activity components of a physical education course during a period of religious fasting if the pupil's parent or guardian notifies the school principal in writing that the pupil is participating in religious fasting. (c) The provisions of this Section are subject to the provisions of
Section 27-22.05.
(Source: P.A. 102-405, eff. 8-19-21.)
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(105 ILCS 5/27-6.3) Sec. 27-6.3. Play time required in elementary school. (a) All public schools shall provide daily time for supervised, unstructured, child-directed play for all students in kindergarten through grade 5. Play time must allow unstructured play, and may include organized games, but shall not include the use of computers, tablets, phones, or videos. Schools are encouraged to provide play time outdoors, but it may be held indoors. If play time is held indoors, schools are encouraged to provide it in a space that promotes physical activity. Time spent dressing or undressing for outdoor play time shall not count towards the daily time for play. (b) Play time shall not count as a course of physical education that fulfills the requirements of Section 27-6, nor shall time spent in a course of physical education count towards the daily time for play. (c) Play time shall be considered clock hours for the purposes of Section 10-19.05. For any school day 5 clock hours or longer in length, the total time allotted for play for students in kindergarten through grade 5 must be at least 30 minutes. For any school day less than 5 clock hours in length, the total time allotted for play each school day must be at least one-tenth of a day of attendance for the student pursuant to Section 10-19.05. Play time may be divided into play periods of at least 15 consecutive minutes in length. (d) For students with disabilities, play time shall comply with a student's applicable individualized education program (IEP) or federal Section 504 plan. (e) All public schools shall prohibit the withholding of play time as a disciplinary or punitive action, except when a student's participation in play time poses an immediate threat to the safety of the student or others. School officials shall make all reasonable efforts to resolve such threats and minimize the use of exclusion from play to the greatest extent practicable and in accordance with subsection (d).
(Source: P.A. 102-357, eff. 8-13-21.) |
(105 ILCS 5/27-6.5) Sec. 27-6.5. Physical fitness assessments in schools. (a) As used in this Section, "physical fitness assessment" means a series of assessments to measure aerobic capacity, body composition, muscular strength, muscular endurance, and flexibility. (b) To measure the effectiveness of State Goal 20 of the Illinois Learning Standards for Physical Development and Health, beginning with the 2016-2017 school year and every school year thereafter, the State Board of Education shall require all public schools to use a scientifically-based, health-related physical fitness assessment for grades 3 through 12 and periodically report fitness information to the State Board of Education, as set forth in subsections (c) and (e) of this Section, to assess student fitness indicators. Public schools shall integrate health-related fitness testing into the curriculum as an instructional tool, except in grades before the 3rd grade. Fitness tests must be appropriate to students' developmental levels and physical abilities. The testing must be used to teach students how to assess their fitness levels, set goals for improvement, and monitor progress in reaching their goals. Fitness scores shall not be used for grading students or evaluating teachers. (c) (Blank). (d) The State Board of Education must adopt rules for the implementation of physical fitness assessments under this Section by each public school. The requirements of this Section do not apply if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (e) The State Board of Education shall adopt rules for data submission by school districts and develop a system for collecting and reporting the aggregated fitness information from the physical fitness assessments. This system shall also support the collection of data from school districts that use a fitness testing software program. (f) School districts may report the aggregate findings of physical fitness assessments by grade level and school to parents and members of the community through typical communication channels, such as Internet websites, school newsletters, school board reports, and presentations. Districts may also provide individual fitness assessment reports to students' parents. (g) Nothing in this Section precludes schools from implementing a physical fitness assessment before the 2016-2017 school year or from implementing more robust forms of a physical fitness assessment.
(Source: P.A. 101-643, eff. 6-18-20; 102-539, eff. 8-20-21.) |
(105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
Sec. 27-7. Physical education course of study.
A physical education course of study shall include a developmentally planned and sequential curriculum that fosters the development of movement skills, enhances health-related fitness, increases students' knowledge, offers direct opportunities to learn how to work cooperatively in a group setting, and encourages healthy habits and attitudes for a healthy lifestyle. A physical education course of study shall provide students with an opportunity for an appropriate amount of physical activity. A physical education course of study must be part of the regular school curriculum and not extra-curricular in nature or organization.
The State Board of Education
shall prepare and make
available guidelines for the various grades and types of schools in
order to make effective the purposes set forth in this Section and the
requirements provided in Section 27-6, and shall see that the general
provisions and intent of Sections 27-5 to 27-9, inclusive, are
enforced.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) Sec. 27-8.1. Health examinations and immunizations. (1) In compliance with rules and regulations which the Department of Public
Health shall promulgate, and except as hereinafter provided, all children in
Illinois shall have a health examination as follows: within one year prior to
entering kindergarten or the first grade of any public, private, or parochial
elementary school; upon entering the sixth and ninth grades of any public,
private, or parochial school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade, immediately prior to or
upon entrance into any public, private, or parochial school or nursery school,
each child shall present proof of having been examined in accordance with this
Section and the rules and regulations promulgated hereunder. Any child who received a health examination within one year prior to entering the fifth grade for the 2007-2008 school year is not required to receive an additional health examination in order to comply with the provisions of Public Act 95-422 when he or she attends school for the 2008-2009 school year, unless the child is attending school for the first time as provided in this paragraph. A tuberculosis skin test screening shall be included as a required part of
each health examination included under this Section if the child resides in an
area designated by the Department of Public Health as having a high incidence
of tuberculosis. Additional health examinations of pupils, including eye examinations, may be required when deemed necessary by school
authorities. Parents are encouraged to have their children undergo eye examinations at the same points in time required for health
examinations. (1.5) In compliance with rules adopted by the Department of Public Health and except as otherwise provided in this Section, all children in kindergarten and the second, sixth, and ninth grades of any public, private, or parochial school shall have a dental examination. Each of these children shall present proof of having been examined by a dentist in accordance with this Section and rules adopted under this Section before May 15th of the school year. If a child in the second, sixth, or ninth grade fails to present proof by May 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed dental examination or (ii) the child presents proof that a dental examination will take place within 60 days after May 15th. A school may not withhold a child's report card during a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a dentist. Each public, private, and parochial school must give notice of this dental examination requirement to the parents and guardians of students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all children enrolling in kindergarten in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) and any student enrolling for the first time in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) shall have an eye examination. Each of these children shall present proof of having been examined by a physician licensed to practice medicine in all of its branches or a licensed optometrist within the previous year, in accordance with this Section and rules adopted under this Section, before October 15th of the school year. If the child fails to present proof by October 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed eye examination or (ii) the child presents proof that an eye examination will take place within 60 days after October 15th. A school may not withhold a child's report card during a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a physician licensed to practice medicine in all of its branches who provides eye examinations or to a licensed optometrist. Each public, private, and parochial school must give notice of this eye examination requirement to the parents and guardians of students in compliance with rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain an eye examination for the child.
(2) The Department of Public Health shall promulgate rules and regulations
specifying the examinations and procedures that constitute a health examination, which shall include an age-appropriate developmental screening, an age-appropriate social and emotional screening, and the collection of data relating to asthma and obesity
(including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam),
and a dental examination and may recommend by rule that certain additional examinations be performed.
The rules and regulations of the Department of Public Health shall specify that
a tuberculosis skin test screening shall be included as a required part of each
health examination included under this Section if the child resides in an area
designated by the Department of Public Health as having a high incidence of
tuberculosis.
With respect to the developmental screening and the social and emotional screening, the Department of Public Health must, no later than January 1, 2019, develop rules and appropriate revisions to the Child Health Examination form in conjunction with a statewide organization representing school boards; a statewide organization representing pediatricians; statewide organizations representing individuals holding Illinois educator licenses with school support personnel endorsements, including school social workers, school psychologists, and school nurses; a statewide organization representing children's mental health experts; a statewide organization representing school principals; the Director of Healthcare and Family Services or his or her designee, the State Superintendent of Education or his or her designee; and representatives of other appropriate State agencies and, at a minimum, must recommend the use of validated screening tools appropriate to the child's age or grade, and, with regard to the social and emotional screening, require recording only whether or not the screening was completed. The rules shall take into consideration the screening recommendations of the American Academy of Pediatrics and must be consistent with the State Board of Education's social and emotional learning standards. The Department of Public Health shall specify that a diabetes
screening as defined by rule shall be included as a required part of each
health examination.
Diabetes testing is not required. Physicians licensed to practice medicine in all of its branches, licensed advanced
practice registered nurses, or licensed physician assistants shall be
responsible for the performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing screening, and shall sign all report forms
required by subsection (4) of this Section that pertain to those portions of
the health examination for which the physician, advanced practice registered nurse, or
physician assistant is responsible.
If a registered
nurse performs any part of a health examination, then a physician licensed to
practice medicine in all of its branches must review and sign all required
report forms. Licensed dentists shall perform all dental examinations and
shall sign all report forms required by subsection (4) of this Section that
pertain to the dental examinations. Physicians licensed to practice medicine
in all its branches or licensed optometrists shall perform all eye examinations
required by this Section and shall sign all report forms required by
subsection (4) of this Section that pertain to the eye examination. For purposes of this Section, an eye examination shall at a minimum include history, visual acuity, subjective refraction to best visual acuity near and far, internal and external examination, and a glaucoma evaluation, as well as any other tests or observations that in the professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered examinations as that
term is used in this Section, shall be conducted in accordance with rules and
regulations of the Department of Public Health, and by individuals whom the
Department of Public Health has certified.
In these rules and regulations, the Department of Public Health shall
require that individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision screening is
conducted, that states, "Vision screening is not a substitute for a
complete eye and vision evaluation by an eye doctor. Your child is not
required to undergo this vision screening if an optometrist or
ophthalmologist has completed and signed a report form indicating that
an examination has been administered within the previous 12 months.". (2.5) With respect to the developmental screening and the social and emotional screening portion of the health examination, each child may present proof of having been screened in accordance with this Section and the rules adopted under this Section before October 15th of the school year. With regard to the social and emotional screening only, the examining health care provider shall only record whether or not the screening was completed. If the child fails to present proof of the developmental screening or the social and emotional screening portions of the health examination by October 15th of the school year, qualified school support personnel may, with a parent's or guardian's consent, offer the developmental screening or the social and emotional screening to the child. Each public, private, and parochial school must give notice of the developmental screening and social and emotional screening requirements to the parents and guardians of students in compliance with the rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain a developmental screening or a social and emotional screening for the child. Once a developmental screening or a social and emotional screening is completed and proof has been presented to the school, the school may, with a parent's or guardian's consent, make available appropriate school personnel to work with the parent or guardian, the child, and the provider who signed the screening form to obtain any appropriate evaluations and services as indicated on the form and in other information and documentation provided by the parents, guardians, or provider. (3) Every child shall, at or about the same time as he or she receives
a health examination required by subsection (1) of this Section, present
to the local school proof of having received such immunizations against
preventable communicable diseases as the Department of Public Health shall
require by rules and regulations promulgated pursuant to this Section and the
Communicable Disease Prevention Act. (4) The individuals conducting the health examination,
dental examination, or eye examination shall record the
fact of having conducted the examination, and such additional information as
required, including for a health examination
data relating to asthma and obesity
(including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam), on uniform forms which the Department of Public Health and the State
Board of Education shall prescribe for statewide use. The examiner shall
summarize on the report form any condition that he or she suspects indicates a
need for special services, including for a health examination factors relating to asthma or obesity. The duty to summarize on the report form does not apply to social and emotional screenings. The confidentiality of the information and records relating to the developmental screening and the social and emotional screening shall be determined by the statutes, rules, and professional ethics governing the type of provider conducting the screening. The individuals confirming the administration of
required immunizations shall record as indicated on the form that the
immunizations were administered. (5) If a child does not submit proof of having had either the health
examination or the immunization as required, then the child shall be examined
or receive the immunization, as the case may be, and present proof by October
15 of the current school year, or by an earlier date of the current school year
established by a school district. To establish a date before October 15 of the
current school year for the health examination or immunization as required, a
school district must give notice of the requirements of this Section 60 days
prior to the earlier established date. If for medical reasons one or more of
the required immunizations must be given after October 15 of the current school
year, or after an earlier established date of the current school year, then
the child shall present, by October 15, or by the earlier established date, a
schedule for the administration of the immunizations and a statement of the
medical reasons causing the delay, both the schedule and the statement being
issued by the physician, advanced practice registered nurse, physician assistant,
registered nurse, or local health department that will
be responsible for administration of the remaining required immunizations. If
a child does not comply by October 15, or by the earlier established date of
the current school year, with the requirements of this subsection, then the
local school authority shall exclude that child from school until such time as
the child presents proof of having had the health examination as required and
presents proof of having received those required immunizations which are
medically possible to receive immediately. During a child's exclusion from
school for noncompliance with this subsection, the child's parents or legal
guardian shall be considered in violation of Section 26-1 and subject to any
penalty imposed by Section 26-10. This subsection (5) does not apply to dental examinations, eye examinations, and the developmental screening and the social and emotional screening portions of the health examination. If the student is an out-of-state transfer student and does not have the proof required under this subsection (5) before October 15 of the current year or whatever date is set by the school district, then he or she may only attend classes (i) if he or she has proof that an appointment for the required vaccinations has been scheduled with a party authorized to submit proof of the required vaccinations. If the proof of vaccination required under this subsection (5) is not submitted within 30 days after the student is permitted to attend classes, then the student is not to be permitted to attend classes until proof of the vaccinations has been properly submitted. No school district or employee of a school district shall be held liable for any injury or illness to another person that results from admitting an out-of-state transfer student to class that has an appointment scheduled pursuant to this subsection (5). (6) Every school shall report to the State Board of Education by November
15, in the manner which that agency shall require, the number of children who
have received the necessary immunizations and the health examination (other than a dental examination or eye examination) as
required, indicating, of those who have not received the immunizations and
examination as required, the number of children who are exempt from health
examination and immunization requirements on religious or medical grounds as
provided in subsection (8). On or before December 1 of each year, every public school district and registered nonpublic school shall make publicly available the immunization data they are required to submit to the State Board of Education by November 15. The immunization data made publicly available must be identical to the data the school district or school has reported to the State Board of Education. Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required dental examination, indicating, of those who have not received the required dental examination, the number of children who are exempt from the dental examination on religious grounds as provided in subsection (8) of this Section and the number of children who have received a waiver under subsection (1.5) of this Section. Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required eye examination, indicating, of those who have not received the required eye examination, the number of children who are exempt from the eye examination as provided in subsection (8) of this Section, the number of children who have received a waiver under subsection (1.10) of this Section, and the total number of children in noncompliance with the eye examination requirement. The reported information under this subsection (6) shall be provided to the
Department of Public Health by the State Board of Education. (7) Upon determining that the number of pupils who are required to be in
compliance with subsection (5) of this Section is below 90% of the number of
pupils enrolled in the school district, 10% of each State aid payment made
pursuant to Section 18-8.05 or 18-8.15 to the school district for such year may be withheld
by the State Board of Education until the number of students in compliance with
subsection (5) is the applicable specified percentage or higher. (8) Children of parents or legal guardians who object to health, dental, or eye examinations or any part thereof, to immunizations, or to vision and hearing screening tests on religious grounds shall not be required to undergo the examinations, tests, or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed Certificate of Religious Exemption detailing the grounds for objection and the specific immunizations, tests, or examinations to which they object. The grounds for objection must set forth the specific religious belief that conflicts with the examination, test, immunization, or other medical intervention. The signed certificate shall also reflect the parent's or legal guardian's understanding of the school's exclusion policies in the case of a vaccine-preventable disease outbreak or exposure. The certificate must also be signed by the authorized examining health care provider responsible for the performance of the child's health examination confirming that the provider provided education to the parent or legal guardian on the benefits of immunization and the health risks to the student and to the community of the communicable diseases for which immunization is required in this State. However, the health care provider's signature on the certificate reflects only that education was provided and does not allow a health care provider grounds to determine a religious exemption. Those receiving immunizations required under this Code shall be provided with the relevant vaccine information statements that are required to be disseminated by the federal National Childhood Vaccine Injury Act of 1986, which may contain information on circumstances when a vaccine should not be administered, prior to administering a vaccine. A healthcare provider may consider including without limitation the nationally accepted recommendations from federal agencies such as the Advisory Committee on Immunization Practices, the information outlined in the relevant vaccine information statement, and vaccine package inserts, along with the healthcare provider's clinical judgment, to determine whether any child may be more susceptible to experiencing an adverse vaccine reaction than the general population, and, if so, the healthcare provider may exempt the child from an immunization or adopt an individualized immunization schedule. The Certificate of Religious Exemption shall be created by the Department of Public Health and shall be made available and used by parents and legal guardians by the beginning of the 2015-2016 school year. Parents or legal guardians must submit the Certificate of Religious Exemption to their local school authority prior to entering kindergarten, sixth grade, and ninth grade for each child for which they are requesting an exemption. The religious objection stated need not be directed by the tenets of an established religious organization. However, general philosophical or moral reluctance to allow physical examinations, eye examinations, immunizations, vision and hearing screenings, or dental examinations does not provide a sufficient basis for an exception to statutory requirements. The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection.
The local school authority shall inform the parent or legal guardian of exclusion procedures, in accordance with the Department's rules under Part 690 of Title 77 of the Illinois Administrative Code, at the time the objection is presented. If the physical condition
of the child is such that any one or more of the immunizing agents should not
be administered, the examining physician, advanced practice registered nurse, or
physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health examination form. Exempting a child from the health,
dental, or eye examination does not exempt the child from
participation in the program of physical education training provided in
Sections 27-5 through 27-7 of this Code. (8.5) The school board of a school district shall include informational materials regarding influenza and influenza vaccinations and meningococcal disease and meningococcal vaccinations developed, provided, or approved by the Department of Public Health under Section 2310-700 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois when the board provides information on immunizations, infectious diseases, medications, or other school health issues to the parents or guardians of students. (9) For the purposes of this Section, "nursery schools" means those nursery
schools operated by elementary school systems or secondary level school units
or institutions of higher learning.(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, eff. 7-12-19; 101-643, eff. 6-18-20.) |
(105 ILCS 5/27-9) (from Ch. 122, par. 27-9)
Sec. 27-9. Training teachers to teach physical education. The curriculum in all elementary educator preparation programs approved by the State Educator Preparation and Licensure Board shall contain instruction in
methods and materials of physical education and training for teachers. No teacher candidate
shall be graduated from such an educator preparation program who has not successfully completed instruction in methods and materials
in the teaching of physical education and training, whether by way of a specific course or as incorporated in existing courses taught in the educator preparation program.
(Source: P.A. 99-58, eff. 7-16-15.)
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(105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
Sec. 27-9.1. (Repealed). (Source: P.A. 102-412, eff. 8-20-21. Repealed by P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/27-9.1a) Sec. 27-9.1a. Comprehensive personal health and safety and comprehensive sexual health education. (a) In this Section: "Adapt" means to modify an evidence-based or evidence-informed program model for use with a particular demographic, ethnic, linguistic, or cultural group. "Age and developmentally appropriate" means suitable to particular ages or age groups of children and adolescents, based on the developing cognitive, emotional, and behavioral capacity typical for the age or age group. "Characteristics of effective programs" includes development, content, and implementation of such programs that (i) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior, (ii) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, interpersonal violence, and sexual violence among young people, and (iii) are taught by professionals who provide a safe learning space, free from shame, stigma, and ideology and are trained in trauma-informed teaching methodologies. "Complete" means information that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Comprehensive personal health and safety education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Comprehensive sexual health education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Consent" means an affirmative, knowing, conscious, ongoing, and voluntary agreement to engage in interpersonal, physical, or sexual activity, which can be revoked at any point, including during the course of interpersonal, physical, or sexual activity. "Culturally appropriate" means affirming culturally diverse individuals, families, and communities in an inclusive, respectful, and effective manner, including materials and instruction that are inclusive of race, ethnicity, language, cultural background, immigration status, religion, disability, gender, gender identity, gender expression, sexual orientation, and sexual behavior. "Evidence-based program" means a program for which systematic, empirical research or evaluation has provided evidence of effectiveness. "Evidence-informed program" means a program that uses the best available research and practice knowledge to guide program design and implementation. "Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity. "Healthy relationships" means relationships between individuals that consist of mutual respect, trust, honesty, support, fairness, equity, separate identities, physical and emotional safety, and good communication. "Identity" means people's understanding of how they identify their sexual orientation, gender, gender identity, or gender expression without stereotypes, shame, or stigma. "Inclusive" means inclusion of marginalized communities that include, but are not limited to, people of color, immigrants, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced interpersonal or sexual violence, and others. "Interpersonal violence" means violent behavior used to establish power and control over another person. "Medically accurate" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, if applicable, or comprising information recognized as accurate and objective. "Pre-exposure Prophylaxis (PrEP)" means medications approved by the federal Food and Drug Administration (FDA) and recommended by the United States Public Health Service or the federal Centers for Disease Control and Prevention for HIV pre-exposure prophylaxis and related pre-exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment for sexually transmitted infections, medical monitoring, laboratory services, and sexual health counseling, to reduce the likelihood of HIV infection for individuals who are not living with HIV but are vulnerable to HIV exposure. "Post-exposure Prophylaxis (PeP)" means the medications that are recommended by the federal Centers for Disease Control and Prevention and other public health authorities to help prevent HIV infection after potential occupational or non-occupational HIV exposure. "Sexual violence" means discrimination, bullying, harassment, including sexual harassment, sexual abuse, sexual assault, intimate partner violence, incest, rape, and human trafficking. "Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person's well-being and decision making. (b) All classes that teach comprehensive personal health and safety and comprehensive sexual health education shall satisfy the following criteria: (1) Course material and instruction shall be age and | ||
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(2) Course material and instruction shall replicate | ||
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(3) Course material and instruction shall be | ||
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(4) Course material and instruction shall be | ||
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(5) Course material and instruction shall help | ||
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(6) Course material and instruction shall provide | ||
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(7) Course material and instruction shall provide | ||
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(8) Course material and instruction shall provide | ||
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(9) Course material and instruction shall include | ||
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(10) Course material and instruction may not reflect | ||
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(11) Course material and instruction may not employ | ||
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(12) Course material and instruction shall be | ||
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(13) Course material and instruction may not | ||
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(14) Course material and instruction may not | ||
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(15) Course material and instruction may not be | ||
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(c) A school may utilize guest lecturers or resource persons to provide instruction or presentations in accordance with Section 10-22.34b. Comprehensive personal health and safety and comprehensive sexual health education instruction and materials provided by guest lecturers or resource persons may not conflict with the provisions of this Section. (d) No student shall be required to take or participate in any class or course in comprehensive personal health and safety and comprehensive sexual health education. A student's parent or guardian may opt the student out of comprehensive personal health and safety and comprehensive sexual health education by submitting the request in writing. Refusal to take or participate in such a course or program may not be a reason for disciplinary action, academic penalty, suspension, or expulsion or any other sanction of a student. A school district may not require active parental consent for comprehensive personal health and safety and comprehensive sexual health education. (e) An opportunity shall be afforded to individuals, including parents or guardians, to review the scope and sequence of instructional materials to be used in a class or course under this Section, either electronically or in person. A school district shall annually post, on its Internet website if one exists, which curriculum is used to provide comprehensive personal health and safety and comprehensive sexual health education and the name and contact information, including an email address, of school personnel who can respond to inquiries about instruction and materials. (f) On or before August 1, 2022, the State Board of Education, in consultation with youth, parents, sexual health and violence prevention experts, health care providers, advocates, and education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, shall develop and adopt rigorous learning standards in the area of comprehensive personal health and safety education for pupils in kindergarten through the 5th grade and comprehensive sexual health education for pupils in the 6th through 12th grades, including, but not limited to, all of the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence, as authored by the Future of Sex Education Initiative. As the National Sex Education Standards are updated, the State Board of Education shall update these learning standards. (g) By no later than August 1, 2022, the State Board of Education shall make available resource materials developed in consultation with stakeholders, with the cooperation and input of experts that provide and entities that promote age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education policy. Materials may include, without limitation, model comprehensive personal health and safety and comprehensive sexual health education resources and programs. The State Board of Education shall make these resource materials available on its Internet website, in a clearly identified and easily accessible place. (h) Schools may choose and adapt the age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education curriculum that meets the specific needs of their community. All instruction and materials, including materials provided or presented by outside consultants, community groups, or organizations, may not conflict with the provisions of this Section. (i) The State Board of Education shall, through existing reporting mechanisms if available, direct each school district to identify the following: (1) if instruction on comprehensive personal health | ||
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(2) whether the instruction was provided by a teacher | ||
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(3) the number of students receiving instruction; (4) the number of students excused from instruction; | ||
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(5) the duration of instruction. The State Board of Education shall report the results of this inquiry to the General Assembly annually, for a period of 5 years beginning one year after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-522, eff. 8-20-21.) |
(105 ILCS 5/27-9.1b) Sec. 27-9.1b. Consent education. (a) In this Section: "Age and developmentally appropriate" has the meaning ascribed to that term in Section 27-9.1a. "Consent" has the meaning ascribed to that term in Section 27-9.1a. (b) A school district may provide age and developmentally appropriate consent education in kindergarten through the 12th grade. (1) In kindergarten through the 5th grade, | ||
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(A) Setting appropriate physical boundaries with | ||
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(B) Respecting the physical boundaries of others. (C) The right to refuse to engage in behaviors or | ||
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(D) Dealing with unwanted physical contact. (E) Helping a peer deal with unwanted physical | ||
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(2) In the 6th through 12th grades, instruction and | ||
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(A) That consent is a freely given agreement to | ||
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(B) That consent to one particular sexual | ||
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(C) That a person's lack of verbal or physical | ||
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(D) That a person's manner of dress does not | ||
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(E) That a person's consent to past sexual | ||
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(F) That a person's consent to engage in sexual | ||
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(G) That a person can withdraw consent at any | ||
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(H) That a person cannot consent to sexual | ||
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(i) the person is incapacitated due to the | ||
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(ii) the person is asleep or unconscious; (iii) the person is a minor; or (iv) the person is incapacitated due to a | ||
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(I) The legal age of consent in this State.
(Source: P.A. 102-522, eff. 8-20-21.) |
(105 ILCS 5/27-9.2)
Sec. 27-9.2. (Repealed).
(Source: P.A. 86-941. Repealed by P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/27-11)
Sec. 27-11. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/27-12) (from Ch. 122, par. 27-12)
Sec. 27-12. Character education.
Every public school teacher shall teach character education, which includes the teaching of respect, responsibility, fairness, caring, trustworthiness, and citizenship, in order to raise pupils' honesty, kindness,
justice, discipline, respect for others, and moral courage for the purpose
of lessening crime and raising
the standard of good character.
(Source: P.A. 94-187, eff. 7-12-05.)
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(105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1)
Sec. 27-12.1. Consumer education. (a) Pupils in the public schools in
grades 9 through 12 shall be taught and be required to study courses
which include instruction in the area of consumer education, including
but not necessarily limited to (i) understanding the basic concepts of financial literacy, including consumer debt and installment purchasing (including credit scoring, managing credit debt, and completing a loan application), budgeting, savings and investing, banking (including balancing a checkbook, opening a deposit account, and the use of interest rates), understanding simple contracts, State and federal income taxes, personal insurance policies, the
comparison of prices, higher education student loans, identity-theft security, and homeownership (including the basic process of obtaining a mortgage and the concepts of fixed and adjustable rate mortgages, subprime loans, and predatory lending), and (ii)
understanding the roles of consumers
interacting with agriculture, business, labor unions and government in
formulating and achieving the goals of the mixed free enterprise system.
The State Board of Education shall devise or approve the
consumer education curriculum for grades 9 through 12 and specify the
minimum amount of instruction to be devoted thereto.
(b) (Blank).
(c) The Financial Literacy Fund is created as a special fund in the State treasury. State funds and private contributions for the promotion of financial literacy shall be deposited into the Financial Literacy Fund. All money in the Financial Literacy Fund shall be used, subject to appropriation, by the State Board of Education to award grants to school districts for the following: (1) Defraying the costs of financial literacy | ||
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(2) Rewarding a school or teacher who wins or | ||
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(3) Rewarding a student who wins or achieves | ||
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(4) Funding activities, including books, games, | ||
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In awarding grants, every effort must be made to ensure that all geographic areas of the State are represented. (d) A school board may establish a special fund in which to receive public funds and private contributions for the promotion of financial literacy. Money in the fund shall be used for the following: (1) Defraying the costs of financial literacy | ||
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(2) Rewarding a school or teacher who wins or | ||
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(3) Rewarding a student who wins or achieves | ||
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(4) Funding activities, including books, games, | ||
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(e) The State Board of Education, upon the next comprehensive review of the Illinois Learning Standards, is urged to include the basic principles of personal insurance policies and understanding simple contracts.(Source: P.A. 99-284, eff. 8-5-15.)
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(105 ILCS 5/27-13.1) (from Ch. 122, par. 27-13.1)
Sec. 27-13.1.
In every public school there shall be instruction, study and
discussion of current problems and needs in the conservation of natural
resources, including but not limited to air pollution, water pollution,
waste reduction and recycling, the
effects of excessive use of pesticides, preservation of wilderness areas,
forest management, protection of wildlife and humane care of domestic
animals.
(Source: P.A. 86-229.)
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(105 ILCS 5/27-13.2) (from Ch. 122, par. 27-13.2)
Sec. 27-13.2. Required instruction. (a) In every public school there
shall be instruction, study, and discussion of effective methods by which
pupils may recognize the danger of and avoid abduction, and in every
public school maintaining any of grades kindergarten through 8, there shall
be, for such grades, instruction, study, and discussion of effective
methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse.
School boards may
include such required instruction, study, and discussion in the courses of
study regularly taught in the public schools of their respective districts;
provided, however, that such instruction shall be given each year to all
pupils in grades kindergarten through 8. The State Superintendent of
Education may prepare and make available to all public and non-public
schools instructional materials which may be used by such schools
as guidelines for development of a program of instruction
under this subsection (a); provided, however, that each school board shall
itself determine the minimum amount of instruction time which shall qualify
as a program of instruction
which will
satisfy the requirements of this subsection (a).
The State Superintendent of Education, in cooperation with the
Department of Children and Family Services, shall prepare and disseminate
to all public schools and non-public schools, information on instructional
materials and programs about child sexual abuse which may be used by such
schools for their own or community programs. Such information may also be
disseminated by such schools to parents.
(b) Notwithstanding subsection (a) of this Section, no pupil in
any of grades kindergarten through 8 shall be required to take or
participate in any class or course providing instruction in recognizing and
avoiding sexual abuse if the parent or guardian of the pupil submits
written objection thereto; and refusal to take or participate in such class
or course after such written objection is made shall not be reason for
failing, suspending or expelling such pupil. Each school board intending
to offer any such class or course to pupils in any of grades kindergarten
through 8 shall give not less than 5 days written notice to the parents or
guardians of such pupils before commencing the class or course.
(c) Beginning with the 2024-2025 school year, in every State-required health course for grades 9 through 12,
a school district shall provide instruction, study, and discussion on the dangers of fentanyl.
Information for the instruction, study, and discussion of fentanyl shall come
from information provided by the National Institutes of Health, the United States Drug
Enforcement Administration, or the United States Department of Health and Human
Services. This instruction, study, and discussion shall include, at a
minimum, all of the following: (1) Information on fentanyl itself, including an | ||
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(2) The side effects and the risk factors of using | ||
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(A) the lethal dose of fentanyl; (B) how often fentanyl is placed in drugs | ||
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(C) an explanation of what fentanyl does to a | ||
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(D) how the consumption of fentanyl can lead to | ||
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(3) Details about the process of lacing fentanyl in | ||
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(4) Details about how to detect fentanyl in drugs | ||
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(A) how to buy and use fentanyl test strips; (B) how to buy and use naloxone, either through | ||
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(C) how to detect if someone is overdosing on | ||
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Students shall be assessed on the instruction required under this subsection (c). The assessment may include, but is not limited to: (1) the differences between synthetic and | ||
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(2) hypoxia; (3) the effects of fentanyl on a person's body; (4) the lethal dose of fentanyl; and (5) how to detect and prevent overdoses. The instruction required under this subsection (c) shall be taught by a licensed educator, school
nurse, or school counselor. (Source: P.A. 102-195, eff. 7-30-21; 103-365, eff. 1-1-24.)
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(105 ILCS 5/27-13.3)
Sec. 27-13.3. Internet safety education curriculum.
(a) The purpose of this Section is to inform and protect students from inappropriate or illegal communications and solicitation and to encourage school districts to provide education about Internet threats and risks, including without limitation child predators, fraud, and other dangers. (b) The General Assembly finds and declares the following: (1) it is the policy of this State to protect | ||
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(2) children have easy access to the Internet at | ||
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(3) the Internet is used by sexual predators and | ||
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(4) education is an effective method for preventing | ||
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(c) Each school may adopt an age-appropriate curriculum for Internet safety instruction of students in grades kindergarten through 12. However, beginning with the 2009-2010 school year, a school district must incorporate into the school curriculum a component on Internet safety to be taught at least once each school year to students in grades 3 through 12. The school board shall determine the scope and duration of this unit of instruction. The age-appropriate unit of instruction may be incorporated into the current courses of study regularly taught in the district's schools, as determined by the school board, and it is recommended that the unit of instruction include the following topics: (1) Safe and responsible use of social networking | ||
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(2) Recognizing, avoiding, and reporting online | ||
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(3) Risks of transmitting personal information on the | ||
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(4) Recognizing and avoiding unsolicited or deceptive | ||
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(5) Recognizing and reporting online harassment and | ||
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(6) Reporting illegal activities and communications | ||
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(7) Copyright laws on written materials, photographs, | ||
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(d) Curricula devised in accordance with subsection (c) of this Section may be submitted for review to the Office of the Illinois Attorney General.
(e) The State Board of Education shall make available resource materials for educating children regarding child online safety and may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by education experts, child psychologists, or technology companies that work on child online safety issues. Materials may include without limitation safe online communications, privacy protection, cyber-bullying, viewing inappropriate material, file sharing, and the importance of open communication with responsible adults. The State Board of Education shall make these resource materials available on its Internet website.(Source: P.A. 95-509, eff. 8-28-07; 95-869, eff. 1-1-09; 96-734, eff. 8-25-09.) |
(105 ILCS 5/27-14) (from Ch. 122, par. 27-14)
Sec. 27-14.
Experiments upon animals.
No experiment upon any living animal for the purpose of demonstration in
any study shall be made in any public school. No animal provided by, or
killed in the presence of any pupil of a public school shall be used for
dissection in such school, and in no case shall dogs or cats be killed for
such purposes. Dissection of dead animals, or parts thereof, shall be
confined to the classroom and shall not be practiced in the presence of any
pupil not engaged in the study to be illustrated thereby.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-15) (from Ch. 122, par. 27-15)
Sec. 27-15.
Moral and humane education - In institute programs.
The superintendent of each region and city shall include
once each year moral and humane education in the program of the
teachers' institute which is held under his supervision.
(Source: P.A. 79-597.)
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(105 ILCS 5/27-16)
Sec. 27-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/27-17) (from Ch. 122, par. 27-17)
Sec. 27-17. Safety education. School boards of public schools and all boards in charge of
educational institutions supported wholly or partially by the State may
provide instruction in safety education in all grades and include such
instruction in the courses of study regularly taught therein.
In this Section, "safety education" means and includes instruction in
the following:
1. automobile safety, including traffic regulations, | ||
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2. safety in the home, including safe gun storage;
3. safety in connection with recreational activities;
4. safety in and around school buildings;
5. safety in connection with vocational work or | ||
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6. cardio-pulmonary resuscitation for students | ||
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7. for students enrolled in grades 6 through 8, | ||
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8. for students enrolled in prekindergarten through | ||
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Such boards may make suitable provisions in the schools and
institutions under their jurisdiction for instruction in safety
education for not less than 16 hours during each school year.
The curriculum in all educator preparation programs approved by the State Educator Preparation and Licensure Board shall contain instruction in safety education for teachers that is appropriate to the grade level of the educator license. This instruction may be by specific courses in safety education or may be incorporated in existing subjects taught in the educator preparation program.
(Source: P.A. 102-971, eff. 1-1-23; 103-567, eff. 12-8-23.)
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(105 ILCS 5/27-18) (from Ch. 122, par. 27-18)
Sec. 27-18.
Arbor and bird day.
The last Friday in April is designated as "Arbor and Bird Day," to be observed
throughout
the State as a day for planting trees, shrubs and vines about public
grounds, and as a day on which to hold appropriate exercises in the public
schools and elsewhere tending to show the value of trees and birds and the
necessity for their protection.
(Source: P.A. 92-85, eff. 7-12-01.)
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(105 ILCS 5/27-19) (from Ch. 122, par. 27-19)
Sec. 27-19.
Leif
Erickson day.
October 9, if a school day, otherwise the school day nearest such date,
is designated as Leif Erikson Day. On such day one-half hour may be devoted
in the schools to instruction and appropriate exercises relative to and in
commemoration of the life and history of Leif Erickson and the principles
and ideals he fostered.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-20) (from Ch. 122, par. 27-20)
Sec. 27-20.
American Indian day.
The fourth Friday of September is designated "American Indian Day," to
be observed throughout the State as a day on which to hold appropriate
exercises in commemoration of the American Indians.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-20.05) Sec. 27-20.05. Native American history study. (a) Beginning with the 2024-2025 school year, every public elementary school and high school social studies course pertaining to American history or government shall include in its curriculum a unit of instruction studying the events of the Native American experience and Native American history within the Midwest and this State since time immemorial. These events shall include the contributions of Native Americans in government and the arts, humanities, and sciences, as well as the contributions of Native Americans to the economic, cultural, social, and political development of their own nations and of the United States. The unit of instruction must describe large urban Native American populations in this State, including the history and experiences of contemporary Native Americans living in this State. Instruction in grades 6 through 12 shall include the study of the genocide of and discrimination against Native Americans, as well as tribal sovereignty, treaties made between tribal nations and the United States, and the circumstances around forced Native American relocation. This unit of instruction may be integrated as part of the unit of instruction required under Section 27-20.03 or 27-21 of this Code. (b) The State Superintendent of Education may prepare and make available to all school boards instructional materials and professional development opportunities that may be used as guidelines for development of a unit of instruction under this Section. However, each school board shall itself determine the minimum amount of instructional time that qualifies as a unit of instruction satisfying the requirements of this Section. (c) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirements during the regional superintendent's annual compliance visit and make recommendations for improvement, including professional development.
(Source: P.A. 103-422, eff. 8-4-23.) |
(105 ILCS 5/27-20.08) Sec. 27-20.08. Media literacy. (a) In this Section, "media literacy" means the ability to access, analyze, evaluate, create, and communicate using a variety of objective forms, including, but not limited to, print, visual, audio, interactive, and digital texts. (b) Beginning with the 2022-2023 school year, every public high school shall include in its curriculum a unit of instruction on media literacy. The unit of instruction shall include, but is not limited to, all of the following topics: (1) Accessing information: Evaluating multiple media | ||
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(2) Analyzing and evaluating media messages: | ||
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(3) Creating media: Conveying a coherent message | ||
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(4) Reflecting on media consumption: Assessing how | ||
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(5) Social responsibility and civics: Suggesting a | ||
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(c) The State Board of Education shall determine how to prepare and make available instructional resources and professional learning opportunities for educators that may be used for the development of a unit of instruction under this Section.
(Source: P.A. 102-55, eff. 7-9-21.) |
(105 ILCS 5/27-20.1) (from Ch. 122, par. 27-20.1)
Sec. 27-20.1.
Illinois Law Week.
The first full school week in May is designated "Illinois Law Week".
During that week, the public schools may devote appropriate time,
instruction, study, and exercises in the procedures of the legislature and
the enactment of laws, the courts and the administration of justice, the
police and the enforcement of law, citizen responsibilities, and other
principles and ideals to promote the importance of government under law in
the State.
(Source: P.A. 92-85, eff. 7-12-01.)
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(105 ILCS 5/27-20.2) (from Ch. 122, par. 27-20.2)
Sec. 27-20.2.
"Just Say No" Day.
May 15, 1987, and in each calendar
year thereafter, a school day in May designated by official proclamation of
the Governor, shall be known as "Just Say No" Day, to be observed
throughout the State as a day on which children and teenagers declare and
reaffirm their commitment to living a life free of drugs and alcohol abuse, and
as a day on which to hold and participate in appropriate special programs,
ceremonies and exercises, in the public schools and elsewhere, tending to
encourage children to lead a healthy lifestyle, aware and free of the
dangers of using drugs and alcohol abuse.
(Source: P.A. 85-386.)
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(105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3) Sec. 27-20.3. Holocaust and Genocide Study. (a) Every public elementary school and high school shall include in its curriculum a unit of instruction studying the events of the Nazi atrocities of 1933 to 1945. This period in world history is known as the Holocaust, during which 6,000,000 Jews and millions of non-Jews were exterminated. One of the universal lessons of the Holocaust is that national, ethnic, racial, or religious hatred can overtake any nation or society, leading to calamitous consequences. To reinforce that lesson, such curriculum shall include an additional unit of instruction studying other acts of genocide across the globe. This unit shall include, but not be limited to, the Native American genocide in North America, the Armenian Genocide, the Famine-Genocide in Ukraine, and more recent atrocities in Cambodia, Bosnia, Rwanda, and Sudan. The studying of this material is a reaffirmation of the commitment of free peoples from all nations to never again permit the occurrence of another Holocaust and a recognition that crimes of genocide continue to be perpetrated across the globe as they have been in the past and to deter indifference to crimes against humanity and human suffering wherever they may occur. (b) The State Superintendent of Education may prepare and make available to all school boards instructional materials which may be used as guidelines for development of a unit of instruction under this Section; provided, however, that each school board shall itself determine the minimum amount of instruction time which shall qualify as a unit of instruction satisfying the requirements of this Section. Instructional materials that include the addition of content related to the Native American genocide in North America shall be prepared and made available to all school boards on the State Board of Education's Internet website no later than July 1, 2024. Notwithstanding subsection (a) of this Section, a school is not required to teach the additional content related to the Native American genocide in North America until instructional materials are made available on the State Board's Internet website. Instructional materials related to the Native American genocide in North America shall be developed in consultation with members of the Chicago American Indian Community Collaborative who are members of a federally recognized tribe, are documented descendants of Indigenous communities, or are other persons recognized as contributing community members by the Chicago American Indian Community Collaborative and who currently reside in this State or their designees. (Source: P.A. 103-422, eff. 8-4-23; 103-564, eff. 11-17-23.) |
(105 ILCS 5/27-20.4) (from Ch. 122, par. 27-20.4)
Sec. 27-20.4. Black History study. Every public elementary school and
high school shall include in its curriculum a unit of instruction studying
the events of Black History, including the history of the pre-enslavement of Black people from 3,000 BCE to AD 1619, the African slave trade, slavery in America, the study of the reasons why Black people came to be enslaved, the vestiges of slavery in this country, and the study of the American civil rights renaissance. These events shall include not only the
contributions made by individual African-Americans in government and in the
arts, humanities and sciences to the economic, cultural and political
development of the United States and Africa, but also the socio-economic
struggle which African-Americans experienced collectively in striving to
achieve fair and equal treatment under the laws of this nation. The
studying of this material shall constitute an affirmation by students of
their commitment to respect the dignity of all races and peoples and to
forever eschew every form of discrimination in their lives and careers.
The State Superintendent of Education may prepare and make available to
all school boards instructional materials, including those established by the Amistad Commission, which may be used as guidelines
for development of a unit of instruction under this Section; provided,
however, that each school board shall itself determine the minimum amount
of instruction time which shall qualify as a unit of instruction satisfying
the requirements of this Section.
A school may meet the requirements of this Section through an online program or course. (Source: P.A. 100-634, eff. 1-1-19; 101-654, eff. 3-8-21.)
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(105 ILCS 5/27-20.5) (from Ch. 122, par. 27-20.5)
Sec. 27-20.5.
Study of the History of Women.
Every public elementary
school and high school shall include in its curriculum a unit of
instruction studying the events of the history of women in America. These
events shall include not only the contributions made by individual women in
government, the arts, sciences, education, and in the economic, cultural,
and political development of Illinois and of the United States, but shall
also include a study of women's struggles to gain the right to vote and to
be treated equally as they strive to earn and occupy positions of merit in
our society.
The State Superintendent of Education may prepare and make available to
all school boards instructional materials that may be used as guidelines
for development of a unit of instruction under this Section. Each school
board shall determine the minimum amount of instructional time that shall
qualify as a unit of instruction satisfying the requirements of this Section.
(Source: P.A. 86-1256.)
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(105 ILCS 5/27-20.6)
Sec. 27-20.6.
"Irish Famine" study. Every public elementary school and high school may include in its
curriculum a unit of instruction studying the causes and effects of mass
starvation in mid-19th century Ireland. This period in world history is known
as the "Irish Famine", in which millions of Irish died or emigrated. The study
of this material is a reaffirmation of the commitment of free people of all
nations to eradicate the causes of famine that exist in the modern world.
The State Superintendent of Education may prepare and make available to all
school boards instructional materials that may be used as guidelines for
development of a unit of instruction under this Section; provided, however,
that each
school board shall itself determine the minimum amount of instruction time
that shall qualify as a unit of instruction satisfying the requirements of
this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/27-20.7) Sec. 27-20.7. Cursive writing. Beginning with the 2018-2019 school year, public elementary schools shall offer at least one unit of instruction in cursive writing. School districts shall, by policy, determine at what grade level or levels students are to be offered cursive writing, provided that such instruction must be offered before students complete grade 5.
(Source: P.A. 100-548, eff. 7-1-18.) |
(105 ILCS 5/27-20.8) Sec. 27-20.8. Asian American history study. (a) Beginning with the 2022-2023 school year, every public elementary school and high school shall include in its curriculum a unit of instruction studying the events of Asian American history, including the history of Asian Americans in Illinois and the Midwest, as well as the contributions of Asian Americans toward advancing civil rights from the 19th century onward. These events shall include the contributions made by individual Asian Americans in government and the arts, humanities, and sciences, as well as the contributions of Asian American communities to the economic, cultural, social, and political development of the United States. The studying of this material shall constitute an affirmation by students of their commitment to respect the dignity of all races and peoples and to forever eschew every form of discrimination in their lives and careers. (b) The State Superintendent of Education may prepare and make available to all school boards instructional materials, including those established by the Public Broadcasting Service, that may be used as guidelines for development of a unit of instruction under this Section. However, each school board shall itself determine the minimum amount of instructional time that qualifies as a unit of instruction satisfying the requirements of this Section. (c) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirements during his or her annual compliance visit. (d) A school may meet the requirements of this Section through an online program or course.
(Source: P.A. 102-44, eff. 1-1-22.) |
(105 ILCS 5/27-21) (from Ch. 122, par. 27-21) Sec. 27-21. History of United States. (a) History of the United States shall be taught in all public schools and in all other educational institutions in this State supported or maintained, in whole or in part, by public funds. The teaching of history shall have as one of its objectives the imparting to pupils of a comprehensive idea of our democratic form of government and the principles for which our government stands as regards other nations, including the studying of the place of our government in world-wide movements and the leaders thereof, with particular stress upon the basic principles and ideals of our representative form of government. The teaching of history shall include a study of the role and contributions of African Americans and other ethnic groups, including, but not restricted to, Native Americans, Polish, Lithuanian, German, Hungarian, Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak, French, Scots, Hispanics, Asian Americans, etc., in the history of this country and this State. To reinforce the study of the role and contributions of Hispanics, such curriculum shall include the study of the events related to the forceful removal and illegal deportation of Mexican-American U.S. citizens during the Great Depression. The teaching of history shall also include teaching about Native American nations' sovereignty and self-determination, both historically and in the present day, with a focus on urban Native Americans. In public schools only, the teaching of history shall include a study of the roles and contributions of lesbian, gay, bisexual, and transgender people in the history of this country and this State. The teaching of history also shall include a study of the role of labor unions and their interaction with government in achieving the goals of a mixed free enterprise system. Beginning with the 2020-2021 school year, the teaching of history must also include instruction on the history of Illinois. The teaching of history shall include the contributions made to society by Americans of different faith practices, including, but not limited to, Native Americans, Muslim Americans, Jewish Americans, Christian Americans, Hindu Americans, Sikh Americans, Buddhist Americans, and any other collective community of faith that has shaped America. (b) No pupils shall be graduated from the eighth grade of any public school unless the pupils have received instruction in the history of the United States as provided in this Section and give evidence of having a comprehensive knowledge thereof, which may be administered remotely. (c) Instructional materials that include the addition of content related to Native Americans shall be prepared by the State Superintendent of Education and made available to all school boards on the State Board of Education's Internet website no later than July 1, 2024. These instructional materials may be used by school boards as guidelines for the development of instruction under this Section; however, each school board shall itself determine the minimum amount of instructional time for satisfying the requirements of this Section. Notwithstanding subsections (a) and (b) of this Section, a school or other educational institution is not required to teach and a pupil is not required to learn the additional content related to Native Americans until instructional materials are made available on the State Board's Internet website. Instructional materials related to Native Americans shall be developed in consultation with members of the Chicago American Indian Community Collaborative who are members of a federally recognized tribe, are documented descendants of Indigenous communities, or are other persons recognized as contributing community members by the Chicago American Indian Community Collaborative and who currently reside in this State. (Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23; 103-564, eff. 11-17-23.) |
(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)
Sec. 27-22. Required high school courses.
(a) (Blank).
(b) (Blank). (c) (Blank). (d) (Blank). (e) Through the 2023-2024 school year, as a prerequisite to receiving a high school diploma, each pupil
entering the 9th grade must, in addition to other course requirements, successfully
complete all of the following courses: (1) Four years of language arts. (2) Two years of writing intensive courses, one of | ||
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(3) Three years of mathematics, one of which must be | ||
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(3.5) For pupils entering the 9th grade in the | ||
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(4) Two years of science. (5) Two years of social studies, of which at least | ||
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(6) One year chosen from (A) music, (B) art, (C) | ||
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(e-5) Beginning with the 2024-2025 school year, as a prerequisite to receiving a high school diploma, each pupil entering the 9th grade must, in addition to other course requirements, successfully complete all of the following courses: (1) Four years of language arts. (2) Two years of writing intensive courses, one of | ||
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(3) Three years of mathematics, one of which must be | ||
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(3.5) One year of a course that includes intensive | ||
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(4) Two years of laboratory science. (5) Two years of social studies, of which at least | ||
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(6) One year chosen from (A) music, (B) art, (C) | ||
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(e-10) Beginning with the 2028-2029 school year, as a prerequisite to receiving a high school diploma, each pupil entering the 9th grade must, in addition to other course requirements, successfully complete 2 years of foreign language courses, which may include American Sign Language. A pupil may choose a third year of foreign language to satisfy the requirement under subdivision (6) of subsection (e-5). (f) The State Board of Education shall develop and inform school districts of standards for writing-intensive coursework.
(f-5) If a school district offers an Advanced Placement computer science course to high school students, then the school board must designate that course as equivalent to a high school mathematics course and must denote on the student's transcript that the Advanced Placement computer science course qualifies as a mathematics-based, quantitative course for students in accordance with subdivision (3) of subsection (e) of this Section. (g) Public Act 83-1082 does not apply to pupils entering the 9th grade
in 1983-1984 school year and prior school years or to students
with disabilities whose course of study is determined by an individualized
education program.
Public Act 94-676 does not apply
to pupils entering the 9th grade in the 2004-2005 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program.
Subdivision (3.5) of subsection (e) does not apply
to pupils entering the 9th grade in the 2021-2022 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program. Subsection (e-5) does not apply
to pupils entering the 9th grade in the 2023-2024 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program. Subsection (e-10) does not apply
to pupils entering the 9th grade in the 2027-2028 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program. (h) The provisions of this Section are subject to the provisions of
Section
27-22.05 of this Code and the Postsecondary and Workforce Readiness Act.
(i) The State Board of Education may adopt rules to modify the requirements of this Section for any students enrolled in grades 9 through 12 if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (Source: P.A. 102-366, eff. 8-13-21; 102-551, eff. 1-1-22; 102-864, eff. 5-13-22; 103-154, eff. 6-30-23.)
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(105 ILCS 5/27-22.1) (from Ch. 122, par. 27-22.1)
Sec. 27-22.1.
Summer school - required instructional time.
Each
course offered for high school graduation credit during summer school or
any period of the calendar year not embraced within the regular school
year, whether or not such course must be successfully completed as a
prerequisite to receiving a high school diploma and whether or not such
course if successfully completed would be included in the minimum units of
credit required by regulation of the State Board
of Education for high school graduation, shall provide no fewer than 60 hours of
classroom instruction for the equivalent of one semester of high school
course credit.
(Source: P.A. 85-839.)
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(105 ILCS 5/27-22.2) (from Ch. 122, par. 27-22.2)
Sec. 27-22.2.
Vocational education elective.
Whenever the school board
of any school district which maintains grades 9 through 12 establishes a
list of courses from which secondary school students each must elect at
least one course, to be completed along with other course requirements as a
pre-requisite to receiving a high school diploma, that school board must
include on the list of such elective courses at least one course in
vocational education.
(Source: P.A. 84-1334; 84-1438.)
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(105 ILCS 5/27-22.3) (from Ch. 122, par. 27-22.3)
Sec. 27-22.3.
Volunteer service credit program.
(a) A school district may establish a volunteer service credit program
that enables secondary school students to earn credit towards graduation
through performance of community service. This community service may include
participation in the organization of a high school or community blood drive or
other blood donor
recruitment campaign. Any program so established shall
begin with students entering grade 9 in the 1993-1994 school year or
later. The amount of credit given for program participation shall not
exceed that given for completion of one semester of language arts, math,
science or social studies.
(b) Any community service performed as part of a course for which credit
is given towards graduation shall not qualify under a volunteer service
credit program. Any service for which a student is paid shall not qualify
under a volunteer service credit program. Any community work assigned as a
disciplinary measure shall not qualify under a volunteer service credit
program.
(c) School districts that establish volunteer service credit programs
shall establish any necessary rules, regulations and procedures.
(Source: P.A. 93-547, eff. 8-19-03.)
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(105 ILCS 5/27-22.05)
Sec. 27-22.05. Required course substitute. Notwithstanding any other
provision of this Article or this Code, a school board that maintains any of
grades 9 through 12 is authorized to adopt a policy under which
a student who is enrolled in any of those grades
may satisfy one or more high school course or graduation requirements,
including, but not limited to, any requirements under Sections 27-6 and 27-22, by successfully completing a registered apprenticeship program under rules adopted by the State Board of Education under Section 2-3.175 of this Code, or by
substituting for and successfully completing in place of the high school course
or graduation requirement a related vocational or technical education course.
A vocational or technical education course shall not qualify as a related
vocational or technical education course within the meaning of this Section
unless it contains at least 50% of the content of the required course or
graduation requirement for which it is substituted, as determined by the State
Board of Education in accordance with standards that it shall adopt and
uniformly apply for purposes of this Section. No vocational or technical
education course may be substituted for a required course or graduation
requirement under any policy adopted by a school board as authorized in this
Section unless the pupil's parent or guardian first
requests the substitution and approves it in writing on forms that the school
district makes available for purposes of this Section.
(Source: P.A. 100-992, eff. 8-20-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/27-22.10) Sec. 27-22.10. Course credit for high school diploma. (a) Notwithstanding any other provision of this Code, the school board of a school district that maintains any of grades 9 through 12 is authorized to adopt a policy under which a student enrolled in grade 7 or 8 who is enrolled in the unit school district or would be enrolled in the high school district upon completion of elementary school, whichever is applicable, may enroll in a course required under Section 27-22 of this Code, provided that the course is offered by the high school that the student would attend, and (i) the student participates in the course at the location of the high school, and the elementary student's enrollment in the course would not prevent a high school student from being able to enroll, or (ii) the student participates in the course where the student attends school as long as the course is taught by a teacher who holds a professional educator license issued under Article 21B of this Code and endorsed for the grade level and content area of the course. (b) A school board that adopts a policy pursuant to subsection (a) of this Section must grant academic credit to an elementary school student who successfully completes the high school course, and that credit shall satisfy the requirements of Section 27-22 of this Code for that course. (c) A school board must award high school course credit to a student transferring to its school district for any course that the student successfully completed pursuant to subsection (a) of this Section, unless evidence about the course's rigor and content shows that it does not address the relevant Illinois Learning Standard at the level appropriate for the high school grade during which the course is usually taken, and that credit shall satisfy the requirements of Section 27-22 of this Code for that course. (d) A student's grade in any course successfully completed under this Section must be included in his or her grade point average in accordance with the school board's policy for making that calculation.
(Source: P.A. 99-189, eff. 7-30-15.) |
(105 ILCS 5/27-23)
Sec. 27-23. (Repealed).
(Source: P.A. 95-793, eff. 1-1-09. Repealed by P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
(Text of Section from P.A. 103-8)
Sec. 27-23.1. Parenting education. (a) The State Board of Education must assist each school district that offers an evidence-based parenting education model. School districts may provide
instruction in parenting education for grades 6 through 12 and include such
instruction in the courses of study regularly taught therein.
School districts may give regular school credit for satisfactory completion
by the student of such courses.
As used in this subsection (a), "parenting education" means and includes
instruction in the following:
(1) Child growth and development, including prenatal | ||
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(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and | ||
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(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic | ||
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(7) Parenting skill development.
The State Board of Education shall assist those districts offering
parenting education instruction, upon request, in developing instructional
materials, training teachers, and establishing appropriate time allotments
for each of the areas included in such instruction.
School districts may offer parenting education courses during that period
of the day which is not part of the regular school day. Residents of
the school district may enroll in such courses. The school board may
establish fees and collect such charges as may be necessary for attendance
at such courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board may waive all or part of such
charges if it determines that the individual is indigent or that the
educational needs of the individual requires his or her attendance at such courses.
(b) Beginning with the 2019-2020 school year, from appropriations made for the purposes of this Section, the State Board of Education shall implement and administer a 7-year pilot program supporting the health and wellness student-learning requirement by utilizing a unit of instruction on parenting education in participating school districts that maintain grades 9 through 12, to be determined by the participating school districts. The program is encouraged to include, but is not be limited to, instruction on (i) family structure, function, and management, (ii) the prevention of child abuse, (iii) the physical, mental, emotional, social, economic, and psychological aspects of interpersonal and family relationships, and (iv) parenting education competency development that is aligned to the social and emotional learning standards of the student's grade level. Instruction under this subsection (b) may be included in the Comprehensive Health Education Program set forth under Section 3 of the Critical Health Problems and Comprehensive Health Education Act. The State Board of Education is authorized to make grants to school districts that apply to participate in the pilot program under this subsection (b). The State Board of Education shall by rule provide for the form of the application and criteria to be used and applied in selecting participating urban, suburban, and rural school districts. The provisions of this subsection (b), other than this sentence, are inoperative at the conclusion of the pilot program. (Source: P.A. 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-175)
Sec. 27-23.1. Parenting education. (a) The State Board of Education must assist each school district that offers an evidence-based parenting education model. School districts may provide
instruction in parenting education for grades 6 through 12 and include such
instruction in the courses of study regularly taught therein.
School districts may give regular school credit for satisfactory completion
by the student of such courses.
As used in this subsection (a), "parenting education" means and includes
instruction in the following:
(1) Child growth and development, including prenatal | ||
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(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and | ||
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(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic | ||
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(7) Parenting skill development.
The State Board of Education shall assist those districts offering
parenting education instruction, upon request, in developing instructional
materials, training teachers, and establishing appropriate time allotments
for each of the areas included in such instruction.
School districts may offer parenting education courses during that period
of the day which is not part of the regular school day. Residents of
the school district may enroll in such courses. The school board may
establish fees and collect such charges as may be necessary for attendance
at such courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board may waive all or part of such
charges if it determines that the individual is indigent or that the
educational needs of the individual requires his or her attendance at such courses.
(b) Beginning with the 2019-2020 school year, from appropriations made for the purposes of this Section, the State Board of Education shall implement and administer a 3-year pilot program supporting the health and wellness student-learning requirement by utilizing a unit of instruction on parenting education in participating school districts that maintain grades 9 through 12, to be determined by the participating school districts. The program is encouraged to include, but is not be limited to, instruction on (i) family structure, function, and management, (ii) the prevention of child abuse, (iii) the physical, mental, emotional, social, economic, and psychological aspects of interpersonal and family relationships, and (iv) parenting education competency development that is aligned to the social and emotional learning standards of the student's grade level. Instruction under this subsection (b) may be included in the Comprehensive Health Education Program set forth under Section 3 of the Critical Health Problems and Comprehensive Health Education Act. The State Board of Education is authorized to make grants to school districts that apply to participate in the pilot program under this subsection (b). The provisions of this subsection (b), other than this sentence, are inoperative at the conclusion of the pilot program. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27-23.2)
Sec. 27-23.2. (Repealed).
(Source: P.A. 86-650. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-23.3) (from Ch. 122, par. 27-23.3)
Sec. 27-23.3. Education in steroid abuse prevention. School districts
shall provide instruction in relation to the prevention of abuse of
anabolic steroids in grades 7 through 12 and shall include such instruction
in science, health, drug abuse, physical education or other appropriate
courses of study. School districts shall also provide this instruction to students who participate in interscholastic athletic programs. The instruction shall emphasize that the use of
anabolic steroids presents a serious health hazard to persons who use
steroids to enhance athletic performance or physical development. The
State Board of Education may assist in the development of instructional
materials and teacher training in relation to steroid abuse prevention.
(Source: P.A. 94-14, eff. 1-1-06.)
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(105 ILCS 5/27-23.4)
Sec. 27-23.4. Violence prevention and conflict resolution education.
School districts shall provide instruction in violence prevention and conflict
resolution education for grades kindergarten through 12 and may include such instruction
in
the courses of study regularly taught therein. School districts may give
regular school credit for satisfactory completion by the student of such
courses.
As used in this Section, "violence prevention and conflict resolution
education" means and includes instruction in the following:
(1) The consequences of violent behavior.
(2) The causes of violent reactions to conflict.
(3) Nonviolent conflict resolution techniques.
(4) The relationship between drugs, alcohol and | ||
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The State Board of Education shall prepare and make available to all school
boards instructional materials that may be used as guidelines for development
of a violence
prevention program under this Section, provided that each school board
shall determine the appropriate curriculum for satisfying the requirements of
this Section. The State
Board of Education shall assist in training teachers to provide effective
instruction in the violence prevention curriculum.
The State Board of Education and local school boards shall not be required
to implement the provisions of this Section unless grants of funds are made
available and are received after July 1, 1993 from private sources or from the
federal government in amounts sufficient to enable the State Board and local
school boards to meet the requirements of this Section. Any funds received
by the State or a local educational agency pursuant to the federal Safe and
Drug-Free Schools and Communities Act of 1994 shall first be applied or
appropriated to meet the requirements and implement the provisions of this
Section.
(Source: P.A. 97-87, eff. 7-8-11.)
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(105 ILCS 5/27-23.5)
Sec. 27-23.5. Organ/tissue and blood donor and transplantation programs. Each
school district that maintains grades 9 and 10 may include in its curriculum
and teach to the students of either such grade one unit of instruction on
organ/tissue and blood donor and transplantation programs. No student
shall be required
to
take or participate in instruction on
organ/tissue and blood donor and transplantation programs if a parent or
guardian files
written objection thereto on constitutional grounds, and refusal to take or
participate in such instruction on those grounds shall not be reason for
suspension or expulsion of a student or result in any academic penalty.
The regional superintendent of schools in which a school district that
maintains grades 9 and 10 is located shall obtain and distribute to each
school that maintains grades 9 and 10 in his or her district
information and data, including
instructional materials provided at no cost by America's Blood Centers, the
American
Red Cross, and Gift of Hope,
that may be used by the
school in developing a unit of instruction under this Section.
However, each
school board shall determine the minimum amount of instructional time that
shall qualify as a unit of instruction satisfying the requirements of this
Section.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/27-23.6) (Text of Section before amendment by P.A. 103-542) Sec. 27-23.6. Anti-bias education. (a) The General Assembly finds that there is a significant increase in violence in the schools and that much of that violence is the result of intergroup tensions. The General Assembly further finds that anti-bias education and intergroup conflict resolution are effective methods for preventing violence and lessening tensions in the schools and that these methods are most effective when they are respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. (b) Beginning with the 2002-2003 school year, public elementary and secondary schools may incorporate activities to address intergroup conflict, with the objectives of improving intergroup relations on and beyond the school campus, defusing intergroup tensions, and promoting peaceful resolution of conflict. The activities must be respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. Such activities may include, but not be limited to, instruction and teacher training programs. (c) A school board that adopts a policy to incorporate activities to address intergroup conflict as authorized under subsection (b) of this Section shall make information available to the public that describes the manner in which the board has implemented the authority granted to it in this Section. The means for disseminating this information (i) shall include posting the information on the school district's Internet web site, if any, and making the information available, upon request, in district offices, and (ii) may include without limitation incorporating the information in a student handbook and including the information in a district newsletter.(Source: P.A. 92-763, eff. 8-6-02.) (Text of Section after amendment by P.A. 103-542) Sec. 27-23.6. Anti-bias education. (a) The General Assembly finds that there is a significant increase in violence in the schools and that much of that violence is the result of intergroup tensions. The General Assembly further finds that anti-bias education and intergroup conflict resolution are effective methods for preventing violence and lessening tensions in the schools and that these methods are most effective when they are respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. (b) Beginning with the 2002-2003 school year, public elementary and secondary schools may incorporate activities to address intergroup conflict, with the objectives of improving intergroup relations on and beyond the school campus, defusing intergroup tensions, and promoting peaceful resolution of conflict. The activities must be respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. (c) A school board that adopts a policy to incorporate activities to address intergroup conflict as authorized under subsection (b) of this Section shall make information available to the public that describes the manner in which the board has implemented the authority granted to it in this Section. The means for disseminating this information (i) shall include posting the information on the school district's Internet web site, if any, and making the information available, upon request, in district offices, and (ii) may include without limitation incorporating the information in a student handbook and including the information in a district newsletter.(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/27-23.7) Sec. 27-23.7. Bullying prevention. (a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying. Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, physical appearance, socioeconomic status, academic status, pregnancy, parenting status, homelessness, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts, charter schools, and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying: (1) during any school-sponsored education program or | ||
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(2) while in school, on school property, on school | ||
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(3) through the transmission of information from a | ||
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(4) through the transmission of information from a | ||
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(a-5) Nothing in this Section is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 of Article I of the Illinois Constitution. (b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following: (1) placing the student or students in reasonable | ||
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(2) causing a substantially detrimental effect on the | ||
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(3) substantially interfering with the student's or | ||
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(4) substantially interfering with the student's or | ||
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Bullying, as defined in this subsection (b), may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive. "Cyber-bullying" means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. "Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. "Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section. "Policy on bullying" means a bullying prevention policy that meets the following criteria: (1) Includes the bullying definition provided in this | ||
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(2) Includes a statement that bullying is contrary to | ||
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(3) Includes procedures for promptly reporting | ||
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(4) Consistent with federal and State laws and rules | ||
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(5) Contains procedures for promptly investigating | ||
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(A) Making all reasonable efforts to complete the | ||
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(B) Involving appropriate school support | ||
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(C) Notifying the principal or school | ||
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(D) Consistent with federal and State laws and | ||
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(6) Includes the interventions that can be taken to | ||
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(7) Includes a statement prohibiting reprisal or | ||
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(8) Includes consequences and appropriate remedial | ||
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(9) Is based on the engagement of a range of school | ||
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(10) Is posted on the school district's, charter | ||
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(11) As part of the process of reviewing and | ||
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(12) Is consistent with the policies of the school | ||
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(13) Requires all individual instances of bullying, | ||
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"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act. "School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards. (c) (Blank).
(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. The policy on bullying shall be based on the State Board of Education's template for a model bullying prevention policy under subsection (h) and shall include the criteria set forth in the definition of "policy on bullying". The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs. School personnel available for help with a bully or to make a report about bullying shall be made known to parents or legal guardians, students, and school personnel. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions. No later than September 30 of the subject year, the policy must be filed with the State Board of Education after being updated. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d). In monitoring the implementation of the policies, the State Board of Education shall review each filed policy on bullying to ensure all policies meet the requirements set forth in this Section, including ensuring that each policy meets the 12 criterion identified within the definition of "policy on bullying" set forth in this Section. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying by September 30 of the subject year, the State Board of Education shall provide a written request for filing to the school district, charter school, or non-public, non-sectarian elementary or secondary school. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying within 14 days of receipt of the aforementioned written request, the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website. Each school district, charter school, and non-public, non-sectarian elementary or secondary school may provide evidence-based professional development and youth programming on bullying prevention that is consistent with the provisions of this Section. (e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
(f) School districts, charter schools, and non-public, non-sectarian elementary and secondary schools shall collect, maintain, and submit to the State Board of Education non-identifiable data regarding verified allegations of bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school. School districts, charter schools, and non-public, non-sectarian elementary and secondary schools must submit such data in an annual report due to the State Board of Education no later than August 15 of each year starting with the 2024-2025 school year through the 2030-2031 school year. The State Board of Education shall adopt rules for the submission of data that includes, but is not limited to: (i) a record of each verified allegation of bullying and action taken; and (ii) whether the instance of bullying was based on actual or perceived characteristics identified in subsection (a) and, if so, lists the relevant characteristics. The rules for the submission of data shall be consistent with federal and State laws and rules governing student privacy rights, including, but not limited to, the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act, which shall include, without limitation, a record of each complaint and action taken. The State Board of Education shall adopt rules regarding the notification of school districts, charter schools, and non-public, non-sectarian elementary and secondary schools that fail to comply with the requirements of this subsection. (g) Upon the request of a parent or legal guardian of a child enrolled in a school district, charter school, or non-public, non-sectarian elementary or secondary school within this State, the State Board of Education must provide non-identifiable data on the number of bullying allegations and incidents in a given year in the school district, charter school, or non-public, non-sectarian elementary or secondary school to the requesting parent or legal guardian. The State Board of Education shall adopt rules regarding (i) the handling of such data, (ii) maintaining the privacy of the students and families involved, and (iii) best practices for sharing numerical data with parents and legal guardians. (h) By January 1, 2024, the State Board of Education shall post on its Internet website a template for a model bullying prevention policy. (i) The Illinois Bullying and Cyberbullying Prevention Fund is created as a special fund in the State treasury. Any moneys appropriated to the Fund may be used, subject to appropriation, by the State Board of Education for the purposes of subsection (j). (j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming. Grants may be awarded from the Illinois Bullying and Cyberbullying Prevention Fund. School districts, charter schools, and non-public, non-sectarian elementary or secondary schools that are not in compliance with subsection (f) are not eligible to receive a grant from the Illinois Bullying and Cyberbullying Prevention Fund. (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff. 6-9-23.) |
(105 ILCS 5/27-23.8)
Sec. 27-23.8. Disability history and awareness. (a) A school district shall provide instruction on disability history, people with disabilities, and the disability rights movement. Instruction may be included in those courses that the school district chooses. This instruction must be founded on the principle that all students, including students with disabilities, have the right to exercise self-determination. When possible, individuals with disabilities should be incorporated into the development and delivery of this instruction. This instruction may be supplemented by knowledgeable guest speakers from the disability community. A school board may collaborate with community-based organizations, such as centers for independent living, parent training and information centers, and other consumer-driven groups, and disability membership organizations in creating this instruction. (b) The State Board of Education may prepare and make available to all school boards resource materials that may be used as guidelines for the development of instruction for disability history and awareness under this Section. (c) Each school board shall determine the minimum amount of instructional time required under this Section. (d) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirement during his or her annual compliance visit.
(Source: P.A. 96-191, eff. 1-1-10.) |
(105 ILCS 5/27-23.9) Sec. 27-23.9. (Repealed).
(Source: P.A. 96-952, eff. 6-28-10. Repealed internally, eff. 3-2-11.) |
(105 ILCS 5/27-23.10) (Text of Section before amendment by P.A. 103-542) Sec. 27-23.10. Gang resistance education and training. (a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts. (b) As used in this Section: "Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement: (1) conflict resolution; (2) cultural sensitivity; (3) personal goal setting; and (4) resisting peer pressure. (c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education and training in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education and training, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.(Source: P.A. 96-952, eff. 6-28-10.) (Text of Section after amendment by P.A. 103-542) Sec. 27-23.10. Gang resistance education and training. (a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts. (b) As used in this Section: "Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement: (1) conflict resolution; (2) cultural sensitivity; (3) personal goal setting; and (4) resisting peer pressure. (c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/27-23.11) Sec. 27-23.11. Traffic injury prevention; policy. The school board of a school district that maintains any of grades kindergarten through 8 shall adopt a policy on educating students on the effective methods of preventing and avoiding traffic injuries related to walking and bicycling, which education must be made available to students in grades kindergarten through 8.
(Source: P.A. 100-1056, eff. 8-24-18; 101-81, eff. 7-12-19.) |
(105 ILCS 5/27-23.12) Sec. 27-23.12. Emotional Intelligence and Social and Emotional Learning Task Force. The Emotional Intelligence and Social and Emotional Learning Task Force is created to develop assessment guidelines and best practices on emotional intelligence and social and emotional learning, including strategies and instruction to address the needs of students with anger management issues. The Task Force shall consist of the State Superintendent of Education or his or her designee and all of the following members, appointed by the State Superintendent: (1) A representative of a school district organized | ||
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(2) A representative of a statewide organization | ||
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(3) A representative of a statewide organization | ||
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(4) A representative of a statewide organization | ||
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(5) A representative of a statewide organization | ||
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(6) An employee of a school under Article 13A of this | ||
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(7) A school psychologist employed by a school | ||
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(8) Representatives of other appropriate State | ||
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Members appointed by the State Superintendent shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, including travel, subject to the rules of the appropriate travel control board. The Task Force shall meet at the call of the State Superintendent. The State Board of Education shall provide administrative and other support to the Task Force. The Task Force shall develop age-appropriate, emotional intelligence and social and emotional learning assessment guidelines and best practices for elementary schools and high schools. The guidelines shall, at a minimum, include teaching how to recognize, direct, and positively express emotions. The Task Force must also make recommendations on the funding of appropriate services and the availability of sources of funding, including, but not limited to, federal funding, to address social and emotional learning. The Task Force shall complete the guidelines and recommendations on or before March 1, 2020. Upon completion of the guidelines and recommendations the Task Force is dissolved.
(Source: P.A. 101-81, eff. 7-12-19; 101-498, eff. 6-1-20; 102-894, eff. 5-20-22.) |
(105 ILCS 5/27-23.13) Sec. 27-23.13. Hunting safety. A school district may offer its students a course on hunting safety as part of its curriculum during the school day or as part of an after-school program. The State Board of Education may prepare and make available to school boards resources on hunting safety that may be used as guidelines for the development of a course under this Section.
(Source: P.A. 101-152, eff. 7-26-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/27-23.14) Sec. 27-23.14. Workplace preparation course. A school district that maintains any of grades 9 through 12 may include in its high school curriculum a unit of instruction on workplace preparation that covers legal protections in the workplace, including protection against sexual harassment and racial and other forms of discrimination and other protections for employees. A school board may determine the minimum amount of instruction time that qualifies as a unit of instruction under this Section.
(Source: P.A. 101-347, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/27-23.15) Sec. 27-23.15. Computer science. (a) In this Section, "computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet. (b) Beginning with the 2023-2024 school year, the school board of a school district that maintains any of grades 9 through 12 shall provide an opportunity for every high school student to take at least one computer science course aligned to rigorous learning standards of the State Board of Education.
(Source: P.A. 101-654, eff. 3-8-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/27-23.16)
Sec. 27-23.16. Study of the process of naturalization. Every public high school may include in its curriculum a unit of instruction about the process of naturalization by which a foreign citizen or foreign national becomes a U.S. citizen. The course of instruction shall include content from the components of the naturalization test administered by the U.S. Citizenship and Immigration Services. Each school board shall determine the minimum amount of instructional time under this Section.
(Source: P.A. 102-472, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
Sec. 27-24. Short title. Sections 27-24 through 27-24.10 of this Article are known and may be
cited as the Driver Education Act.
(Source: P.A. 98-756, eff. 7-16-14.)
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(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
Sec. 27-24.1. Definitions. As used in the Driver Education Act unless the context otherwise
requires:
"State Board" means the State Board of Education.
"Driver education course" and "course" means a course of instruction
in the use and operation of cars, including instruction in the safe
operation of cars and rules of the road, the laws of this State
relating to motor vehicles, and law enforcement procedures during traffic stops, including appropriate interactions with law enforcement officers, which meets the minimum requirements of this
Act and the rules and regulations issued thereunder by the
State Board and has been approved by the State
Board as meeting
such requirements.
"Car" means a motor vehicle of the first division as defined in the
Illinois Vehicle Code.
"Motorcycle" or "motor driven cycle" means such a vehicle as defined
in the Illinois Vehicle Code.
"Driver's license" means any license or permit issued by the
Secretary of State under Chapter 6 of the Illinois Vehicle Code.
"Distance learning program" means a program of study in which all participating teachers and students do not physically meet in the classroom and instead use the Internet, email, or any other method other than the classroom to provide instruction. With reference to persons, the singular number includes the plural
and vice versa, and the masculine gender includes the feminine.
(Source: P.A. 101-183, eff. 8-2-19; 102-455, eff. 1-1-22; 102-558, eff. 8-20-21.)
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(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) Sec. 27-24.2. Safety education; driver education course. Instruction shall be given in safety education in each of grades one through 8, equivalent to one class period each week, and any school district which maintains
grades 9 through 12 shall offer a driver education course in any such school
which it operates. Its curriculum shall include content dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, the rules adopted pursuant to those Chapters insofar as they pertain to the operation of motor vehicles, and the portions of the Litter Control Act relating to the operation of motor vehicles. The course of instruction given in grades 10 through 12 shall include an emphasis on the development of knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, including motorcycles insofar as they can be taught in the classroom, and instruction on distracted driving as a major traffic safety issue. In addition, the course shall include instruction on special hazards existing at and required safety and driving precautions that must be observed at emergency situations, highway construction and maintenance zones, and railroad crossings and the approaches thereto. Beginning with the 2017-2018 school year, the course shall also include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement. The course of instruction required of each eligible student at the high school level shall consist of a minimum of 30 clock hours of classroom instruction and a minimum of 6 clock hours of individual behind-the-wheel instruction in a dual control car on public roadways taught by a driver education instructor endorsed by the State Board of Education. A school district's decision to allow a student to take a portion of the driver education course through a distance learning program must be determined on a case-by-case basis and must be approved by the school's administration, including the student's driver education teacher, and the student's parent or guardian. Under no circumstances may the student take the entire driver education course through a distance learning program. Both the classroom instruction part and the practice driving
part of a driver education course shall be open to a resident or
non-resident student attending a non-public school in the district wherein the
course is offered. Each student attending any public or non-public high school
in the district must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education course, or the
student shall not be permitted to enroll in the course; provided that the local
superintendent of schools (with respect to a student attending a public high
school in the district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may waive the
requirement if the superintendent or chief school administrator, as the case
may be, deems it to be in the best interest of the student. A student may be allowed to commence the
classroom instruction part of such driver education course prior to reaching
age 15 if such student then will be eligible to complete the entire course
within 12 months after being allowed to commence such classroom instruction. A school district may offer a driver education course in a school by contracting with a commercial driver training school to provide both the classroom instruction part and the practice driving part or either one without having to request a modification or waiver of administrative rules of the State Board of Education if the school district approves the action during a public hearing on whether to enter into a contract with a commercial driver training school. The public hearing shall be held at a regular or special school board meeting prior to entering into such a contract. If a school district chooses to approve a contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that the commercial driver training school with which it will contract holds a license issued by the Secretary of State under Article IV of Chapter 6 of the Illinois Vehicle Code and that each instructor employed by the commercial driver training school to provide instruction to students served by the school district holds a valid teaching license issued under the requirements of this Code and rules of the State Board of Education. Such evidence must include, but need not be limited to, a list of each instructor assigned to teach students served by the school district, which list shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. Once the contract is entered into, the school district shall notify the State Board of Education of any changes in the personnel providing instruction either (i) within 15 calendar days after an instructor leaves the program or (ii) before a new instructor is hired. Such notification shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. If the school district maintains an Internet website, then the district shall post a copy of the final contract between the district and the commercial driver training school on the district's Internet website. If no Internet website exists, then the school district shall make available the contract upon request. A record of all materials in relation to the contract must be maintained by the school district and made available to parents and guardians upon request. The instructor's date of birth and driver's license number and any other personally identifying information as deemed by the federal Driver's Privacy Protection Act of 1994 must be redacted from any public materials. Such a course may be commenced immediately after the completion of a prior
course. Teachers of such courses shall meet the licensure requirements of
this Code and regulations of the State Board as to qualifications. Except for a contract with a Certified Driver Rehabilitation Specialist, a school district that contracts with a third party to teach a driver education course under this Section must ensure the teacher meets the educator licensure and endorsement requirements under Article 21B and must follow the same evaluation and observation requirements that apply to non-tenured teachers under Article 24A. The teacher evaluation must be conducted by a school administrator employed by the school district and must be submitted annually to the district superintendent and all school board members for oversight purposes. Subject to rules of the State Board of Education, the school district may charge a reasonable fee, not to exceed $50, to students who participate in the course, unless a student is unable to pay for such a course, in which event the fee for such a student must be waived. However, the district may increase this fee to an amount not to exceed $250 by school board resolution following a public hearing on the increase, which increased fee must be waived for students who participate in the course and are unable to pay for the course. The total amount from driver education fees and reimbursement from the State for driver education must not exceed the total cost of the driver education program in any year and must be deposited into the school district's driver education fund as a separate line item budget entry. All moneys deposited into the school district's driver education fund must be used solely for the funding of a high school driver education program approved by the State Board of Education that uses driver education instructors endorsed by the State Board of Education. (Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/27-24.2a) Sec. 27-24.2a. Non-public school driver education course. Beginning with the 2017-2018 school year, any non-public school's driver education course shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17.) |
(105 ILCS 5/27-24.3) (from Ch. 122, par. 27-24.3)
Sec. 27-24.3. Reimbursement. In order for the school district to receive reimbursement from the
State as hereinafter provided, the driver education course offered in
its schools shall consist of at least 30 clock hours of classroom
instruction and, subject to modification as hereinafter allowed, at
least 6 clock hours of practice driving in a car having dual operating
controls under direct individual instruction.
(Source: P.A. 95-310, eff. 7-1-08.)
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(105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
Sec. 27-24.4. Reimbursement amount. (a) Each school district shall be entitled
to reimbursement for each student who finishes either the classroom instruction
part or the practice driving part of a
driver education course that meets the minimum requirements of this Act.
Reimbursement under this Act is payable from
the Drivers Education Fund in the State treasury.
Each year all funds appropriated from the Drivers
Education Fund to the
State Board of Education, with the exception of those funds necessary for
administrative purposes of the State Board of Education, shall be distributed
in the manner provided in this paragraph to school districts by the State Board of Education for reimbursement of
claims from the previous school year. As soon as may be after each quarter of the year, if moneys are available in the Drivers
Education Fund in the State treasury for payments under this Section, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education. The warrant for each quarter shall be in an amount equal to one-fourth of the total amount to be distributed to school districts for the year. Payments shall be made to school districts as soon as may be after receipt of the warrants.
The base reimbursement amount shall be calculated by the State Board by
dividing the total amount appropriated for distribution by the total of:
(a) the number of students who have completed the classroom instruction
part for whom valid claims have been made times 0.2; plus (b) the number
of students who have
completed the practice driving instruction part for whom valid claims have
been made times 0.8.
The amount of reimbursement to be distributed on each claim shall be 0.2
times the base reimbursement amount for each validly claimed student who
has completed the classroom instruction part, plus 0.8 times the base reimbursement
amount for each validly claimed student who has completed the practice driving
instruction part. (b) The school district which is the residence of
a student who attends a nonpublic school in another district that has furnished the driver
education course shall reimburse the district offering the course, the
difference between the actual per capita cost of giving the course the
previous school year and the amount reimbursed by the State, which, for purposes of this subsection (b), shall be referred to as "course cost". If the course cost offered by the student's resident district is less than the course cost of the course in the district where the nonpublic school is located, then the student is responsible for paying the district that furnished the course the difference between the 2 amounts. If a nonpublic school student chooses to attend a driver's education course in a school district besides the district where the nonpublic school is located, then the student is wholly responsible for the course cost; however, the nonpublic school student may take the course in his or her resident district on the same basis as public school students who are enrolled in that district.
By April 1 the
nonpublic school shall notify the district offering the course of the
names and district numbers of the nonresident students desiring to take
such course the next school year. The district offering such course shall
notify the district of residence of those students affected by April 15.
The school district furnishing the course may claim the nonresident student
for the purpose of making a claim for State reimbursement under this Act.
(Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.)
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(105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5)
Sec. 27-24.5. Submission of claims. The district shall report on forms prescribed
by the State Board, on an ongoing basis, a list of students by name, birth date
and sex, with the date
the
behind-the-wheel instruction or the classroom instruction or both were
completed
and with the
status of the course completion.
The State shall not reimburse any district for any student
who has
repeated any part of the course more than once or who did not meet the age
requirements of
this Act during the period that the student was instructed
in any part of the drivers education course.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/27-24.6) (from Ch. 122, par. 27-24.6)
Sec. 27-24.6. Attendance records. The school board shall require the teachers of drivers education courses
to keep daily attendance records for students attending such courses in the
same manner as is prescribed in Section 24-18 of this Act and such records
shall be used to prepare and certify claims made under the Driver Education
Act. Claims for reimbursement shall be made under oath or affirmation of
the chief school administrator for the district employed by the school
board
or authorized driver education personnel employed by the school board.
Whoever submits a false claim under the Driver Education Act or makes a
false record upon which a claim is based shall be fined in an amount equal
to the sum falsely claimed.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/27-24.7) (from Ch. 122, par. 27-24.7)
Sec. 27-24.7.
School code to apply.
The provisions of this Act not inconsistent with the provisions of the
Driver Education Act shall apply to the conduct of instruction offered by a
school district under the provisions of the Driver Education Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-24.8) (from Ch. 122, par. 27-24.8)
Sec. 27-24.8.
Rules and regulations.
The State Board may promulgate rules and regulations not
inconsistent with the provisions of the Driver Education Act for the
administration of the Driver Education Act.
(Source: P.A. 81-1508.)
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(105 ILCS 5/27-24.9) Sec. 27-24.9. Driver education standards. The State Board of Education, in consultation with the Secretary of State, an association representing teachers of driver education, students, education practitioners, including, but not limited to, teachers in colleges of education, administrators, and regional superintendents of schools, shall adopt rigorous learning standards for the classroom and laboratory phases of driver education for novice teen drivers under the age of 18 years, including, but not limited to, the Novice Teen Driver Education and Training Administrative Standards developed and written by the Association of National Stakeholders in Traffic Safety Education in affiliation with the National Highway Transportation Safety Administration. The national learning standards may be adapted to meet Illinois licensing and educational requirements, including classroom and behind-the-wheel hours and the cognitive, physiological, and psychological aspects of the safe operation of a motor vehicle and equipment of motor vehicles. As the national standards are updated, the Board shall update these learning standards.
(Source: P.A. 102-951, eff. 1-1-23.) |
(105 ILCS 5/27-24.10) Sec. 27-24.10. Cost report. The State Board of Education shall annually prepare a report to be posted on the State Board's Internet website that indicates the approximate per capita driver education cost for each school district required to provide driver education. This report, compiled each spring from data reported the previous school year, shall be computed from expenditure data for driver education submitted by school districts on the annual financial statements required pursuant to Section 3-15.1 of this Code and the number of students provided driver education for that school year, as required to be reported under Section 27-24.5 of this Code.
(Source: P.A. 97-1025, eff. 1-1-13.) |
(105 ILCS 5/prec. Sec. 27-25 heading)
NUCLEAR ENERGY EDUCATION ACT
(Repealed)(Source: Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25)
Sec. 27-25. (Repealed).
(Source: P.A. 76-1835. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.1)
Sec. 27-25.1. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.2)
Sec. 27-25.2. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.3)
Sec. 27-25.3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.4)
Sec. 27-25.4. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-26)
Sec. 27-26. (Repealed).
(Source: P.A. 78-1245. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/27-27) (from Ch. 122, par. 27-27)
Sec. 27-27.
When school districts use a system of categorizing classes
of instruction by degree of difficulty and issues grades in accordance
therewith, identification of said system shall be reflected in the affected
students' class ranking and permanent records.
(Source: P.A. 81-707.)
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(105 ILCS 5/Art. 27A heading) ARTICLE 27A
CHARTER SCHOOLS
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(105 ILCS 5/27A-1)
Sec. 27A-1.
Short title and application.
This Article may be cited as
the Charter Schools Law. This Article applies in all school districts,
including special charter districts and school districts located in cities
having a population of more than 500,000.
(Source: P.A. 89-450, eff. 4-10-96.)
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(105 ILCS 5/27A-2)
Sec. 27A-2.
Legislative declaration.
(a) The General Assembly finds and declares as follows:
(1) Encouraging educational excellence is in the best | ||
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(2) There are educators, community members, and | ||
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(3) The enactment of legislation authorizing charter | ||
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(b) The General Assembly further finds and declares that this Article is
enacted for the following purposes:
(1) To improve pupil learning by creating schools | ||
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(2) To increase learning opportunities for all | ||
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(3) To encourage the use of teaching methods that may | ||
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(4) To allow the development of new, different, or | ||
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(5) To create new professional opportunities for | ||
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(6) To provide parents and pupils with expanded | ||
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(7) To encourage parental and community involvement | ||
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(8) To hold charter schools accountable for meeting | ||
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(c) In authorizing charter schools, it is the intent of the General Assembly
to create a legitimate avenue for parents,
teachers, and community members to take responsible risks and create new,
innovative, and more flexible ways of educating children
within the public
school system. The General Assembly seeks to create opportunities within the
public school system of Illinois for development of
innovative and accountable
teaching techniques.
The provisions of this
Article should be interpreted liberally to support the findings and goals of
this Section and to advance a renewed commitment by the State of Illinois to
the mission, goals, and diversity of public education.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
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(105 ILCS 5/27A-3)
(Text of Section from P.A. 103-175)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
educational environment.
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter. "Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-416)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
educational environment.
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter. "Commission" means the State Charter School Commission established under Section 27A-7.5 of this Code. "Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
"Union neutrality clause" means a provision whereby a charter school agrees: (1) to be neutral regarding the unionization of any of its employees, such that the charter school will not at any time express a position on the matter of whether its employees will be unionized and such that the charter school will not threaten, intimidate, discriminate against, retaliate against, or take any adverse action against any employees based on their decision to support or oppose union representation;
(2) to provide any bona fide labor organization access at reasonable times to areas in which the charter school's employees work for the purpose of meeting with employees to discuss their right to representation, employment rights under the law, and terms and conditions of employment; and (3) that union recognition shall be through a majority card check verified by a neutral third-party arbitrator mutually selected by the charter school and the bona fide labor organization through alternate striking from a panel of arbitrators provided by the Federal Mediation and Conciliation Service. As used in this definition, "bona fide labor organization" means a labor organization recognized under the National Labor Relations Act or the Illinois Educational Labor Relations Act. As used in this definition, "employees" means non-represented, non-management, and non-confidential employees of a charter school. (Source: P.A. 103-416, eff. 8-4-23.)
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(105 ILCS 5/27A-4)
Sec. 27A-4. General provisions.
(a) The General Assembly does not intend to alter or amend the provisions
of any court-ordered desegregation plan in effect for any school district. A
charter school shall be subject to all federal and State laws and
constitutional provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin, religion, ancestry,
marital status, or need for special education services.
(b) The total number of charter schools operating under this Article at any
one time shall not exceed 120. Not more than 70 charter
schools
shall operate at any one time in any city having a population exceeding
500,000, with at least 5 charter schools devoted exclusively to students from low-performing or overcrowded schools operating at any one time in that city; and not more than 45
charter schools shall operate at any one time in the remainder of the State, with not
more than one charter school that
has been initiated by a board of education, or
by an intergovernmental agreement between or among boards of education,
operating at any one
time in the school district where the charter school is located. In addition to these charter schools, up to but no more than 5 charter schools devoted exclusively to re-enrolled high school dropouts and/or students 16 or 15 years old at risk of dropping out may operate at any one time in any city having a population exceeding 500,000. Notwithstanding any provision to the contrary in subsection (b) of Section 27A-5 of this Code, each such dropout charter may operate up to 15 campuses within the city. Any of these dropout charters may have a maximum of 1,875 enrollment seats, any one of the campuses of the dropout charter may have a maximum of 165 enrollment seats, and each campus of the dropout charter must be operated, through a contract or payroll, by the same legal entity as that for which the charter is approved and certified.
For purposes of implementing this Section, the State Board shall assign a
number to each charter submission it receives under Section 27A-6 for its
review and certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly notify local
school boards when the maximum numbers of certified charter schools authorized
to operate have been reached.
(c) No charter shall be granted under this Article that would convert any
existing private, parochial, or non-public school to a charter school.
(d) Enrollment in a charter school shall be open to any pupil who resides
within the geographic boundaries of the area served by the local school board, provided that the board of education in a city having a population exceeding 500,000 may designate attendance boundaries for no more than one-third of the charter schools permitted in the city if the board of education determines that attendance boundaries are needed to relieve overcrowding or to better serve low-income and at-risk students. Students residing within an attendance boundary may be given priority for enrollment, but must not be required to attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local school boards from
jointly
issuing a charter to a single shared charter school, provided that all of the
provisions of this Article are met as to those local school boards.
(f) No local school board shall require any employee of the school district
to be employed in a charter school.
(g) No local school board shall require any pupil residing within the
geographic boundary of its district to enroll in a charter school.
(h) If there are more eligible applicants for enrollment in a charter school
than there are spaces available, successful applicants shall be selected by
lottery. However, priority shall be given to siblings of pupils enrolled in
the charter school and to pupils who were enrolled in the charter school the
previous school year, unless expelled for cause, and priority may be given to pupils residing within the charter school's attendance boundary, if a boundary has been designated by the board of education in a city having a population exceeding 500,000. Any lottery required under this subsection (h) must be administered and videotaped by the charter school. The authorizer or its designee must be allowed to be present or view the lottery in real time. The charter school must maintain a videotaped record of the lottery, including a time/date stamp. The charter school shall transmit copies of the videotape and all records relating to the lottery to the authorizer on or before September 1 of each year. Subject to the requirements for priority applicant groups set forth in paragraph (1) of this subsection (h), any lottery required under this subsection (h) must be administered in a way that provides each student an equal chance at admission. If an authorizer makes a determination that a charter school's lottery is in violation of this subsection (h), it may administer the lottery directly. After a lottery, each student randomly selected for admission to the charter school must be notified. Charter schools may not create an admissions process subsequent to a lottery that may operate as a barrier to registration or enrollment. Charter schools may undertake additional intake activities, including without limitation student essays, school-parent compacts, or open houses, but in no event may a charter school require participation in these activities as a condition of enrollment. A charter school must submit an updated waitlist to the authorizer on a quarterly basis. A waitlist must be submitted to the authorizer at the same time as quarterly financial statements, if quarterly financial statements are required by the authorizer. Dual enrollment at both a
charter school and a public school or non-public school shall not be allowed.
A pupil who is suspended or expelled from a charter school shall be deemed to
be suspended or expelled from the public schools of the school district in
which the pupil resides. Notwithstanding anything to the contrary in this subsection (h): (1) any charter school with a mission exclusive to | ||
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(2) any charter school located in a school district | ||
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(i) (Blank).
(j) Notwithstanding any other provision of law to the contrary, a
school district in a city having a population exceeding 500,000 shall not
have a duty to collectively bargain with an exclusive representative of its
employees over decisions to grant or deny a charter school proposal
under Section 27A-8 of this Code, decisions to renew or revoke a charter
under Section 27A-9 of this Code, and the impact of these decisions,
provided that nothing in this Section shall have the effect of negating,
abrogating, replacing, reducing, diminishing, or limiting in any way
employee rights, guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, 14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section: "Low-performing school" means a public school in a school district organized under Article 34 of this Code that enrolls students in any of grades kindergarten through 8 and that is ranked within the lowest 10% of schools in that district in terms of the percentage of students meeting or exceeding standards on the assessments required under Section 2-3.64a-5 of this Code. "Overcrowded school" means a public school in a school district organized under Article 34 of this Code that (i) enrolls students in any of grades kindergarten through 8, (ii) has a percentage of low-income students of 70% or more, as identified in the most recently available School Report Card published by the State Board, and (iii) is determined by the Chicago Board of Education to be in the most severely overcrowded 5% of schools in the district. On or before November 1 of each year, the Chicago Board of Education shall file a report with the State Board on which schools in the district meet the definition of "overcrowded school". "Students at risk of dropping out" means students 16 or 15 years old in a public school in a district organized under Article 34 of this Code that enrolls students in any grades 9-12 who have been absent at least 90 school attendance days of the previous 180 school attendance days. (l) For advertisements created after January 1, 2015, any advertisement, including a radio, television, print, Internet, social media, or billboard advertisement, purchased by a school district or public school, including a charter school, with public funds must include a disclaimer stating that the advertisement was paid for using public funds. This disclaimer requirement does not extend to materials created by the charter school, including, but not limited to, a school website, informational pamphlets or leaflets, or clothing with affixed school logos. (Source: P.A. 103-175, eff. 6-30-23.)
|
(105 ILCS 5/27A-5)
(Text of Section from P.A. 103-154) (Text of Section before amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
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(3) the Local Governmental and Governmental Employees | ||
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(4) Section 108.75 of the General Not For Profit | ||
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(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
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(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
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(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
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(10) Section 2-3.162 of this Code regarding student | ||
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(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
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(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
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(3) the Local Governmental and Governmental Employees | ||
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(4) Section 108.75 of the General Not For Profit | ||
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(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
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(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
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(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
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(10) Section 2-3.162 of this Code regarding student | ||
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(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (24) Article 26A of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
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(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-175) (Text of Section before amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status. In
all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003. (b-5) (Blank).
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. The State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is authorized by the State Board, then the charter school is its own local education agency. (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status. In
all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003. (b-5) (Blank).
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. The State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (24) Article 26A of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is authorized by the State Board, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-472) (Text of Section before amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; (32) Section 22-85.10 of this Code; (33) Section 2-3.196 of this Code; (34) Section 22-95 of this Code; (35) Section 34-18.62 of this Code; and (36) the Illinois Human Rights Act. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
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(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
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(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
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(10) Section 2-3.162 of this Code regarding student | ||
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(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (24) Article 26A of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
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(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code (32) Section 22-85.10 of this Code; (33) Section 2-3.196 of this Code; (34) Section 22-95 of this Code; (35) Section 34-18.62 of this Code; and (36) the Illinois Human Rights Act. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24.)
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(105 ILCS 5/27A-5.5) Sec. 27A-5.5. Charter school truancy. (a) A charter school shall comply with all applicable absenteeism and truancy policies and requirements applicable to public schools under the laws of the State of Illinois. (b) A charter school shall define a truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof. (c) A charter school shall define a chronic or habitual truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days. (d) A charter school shall define a truant minor as a chronic truant to whom supportive services, including prevention, diagnostic, intervention, and remedial services, alternative programs, and other school and community resources have been provided and have failed to result in the cessation of chronic truancy or have been offered and refused. (e) A charter school shall define a dropout as any child enrolled in grades 9 through 12 whose name has been removed from the charter school enrollment roster for any reason other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country.
(Source: P.A. 99-596, eff. 6-22-16.) |
(105 ILCS 5/27A-6)
(Text of Section from P.A. 103-175) Sec. 27A-6. Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
between
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
charter
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
charter
may
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64a-5 of this Code. The
certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
other
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
charter school.
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies.
(Source: P.A. 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-416) Sec. 27A-6. Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
between
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
charter
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
charter
may
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64a-5 of this Code.
Beginning with the 2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
other
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
charter school.
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(c-10) After the effective date of this amendatory Act of the 103rd General Assembly, any renewal of a certified charter must include a union neutrality clause. (d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies.
(Source: P.A. 103-416, eff. 8-4-23.)
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(105 ILCS 5/27A-6.5)
Sec. 27A-6.5. Charter school referendum.
(a) No charter shall go into effect under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
of
the
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
regularly scheduled
election the question of whether a new charter school shall be established,
which
proposal
has been found by the State Board to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
authorities
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter | ||
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AGAINST the establishment of (name of proposed | ||
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(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
proposed charter
school
that desires to establish a
new charter
school by referendum shall submit the charter school proposal to
the State Board
in the form of a proposed contract to be entered into
between the State Board
and the governing body of the proposed charter school, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the State Board finds that the proposed contract complies with the
provisions
of this Article, it
shall
immediately
direct the
local school board to notify the proper
election authorities that the question of whether to establish a new charter
school
shall be submitted for referendum.
(d) If the State Board finds that the proposal fails to comply with the
provisions of this Article, it shall provide
written explanation, detailing its reasons for refusal, to the local school
board and
to the individuals or organizations submitting the proposal. The State Board shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
establishing
a charter school, the local school board shall notify the State Board of
the
passage of
the proposition in favor of establishing a charter school and the State Board
shall approve the charter within 7 days
after
the State Board of Elections has certified that a
majority
of the votes cast upon the proposition is in favor of establishing a charter
school. The State Board shall be the chartering entity for charter
schools established by referendum under this Section. (f) (Blank).
(Source: P.A. 101-543, eff. 8-23-19.)
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(105 ILCS 5/27A-7)
(Text of Section from P.A. 103-175) Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be submitted to the local school board and the State Board for certification under Section 27A-6 of this Code in the form of a proposed contract
entered
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which | ||
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(2) The age or grade range, areas of focus, minimum | ||
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(3) A description of and address for the physical | ||
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(4) The mission statement of the charter school, | ||
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(5) The goals, objectives, and pupil performance | ||
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(6) In the case of a proposal to establish a charter | ||
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(7) A description of the charter school's educational | ||
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(8) A description of the charter school's plan for | ||
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(9) Evidence that the terms of the charter as | ||
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(10) A description of the governance and operation of | ||
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(11) An explanation of the relationship that will | ||
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(12) An agreement between the parties regarding their | ||
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(13) A description of how the charter school plans to | ||
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(14) The proposed effective date and term of the | ||
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(14.5) Disclosure of any known active civil or | ||
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(15) Any other information reasonably required by the | ||
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(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for
development of a proposed contract to be submitted to the State Board for
certification under
Section 27A-6.
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-416) Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be submitted to the local school board and the State Board for certification under Section 27A-6 of this Code in the form of a proposed contract
entered
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which | ||
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(2) The age or grade range, areas of focus, minimum | ||
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(3) A description of and address for the physical | ||
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(4) The mission statement of the charter school, | ||
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(5) The goals, objectives, and pupil performance | ||
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(6) In the case of a proposal to establish a charter | ||
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(7) A description of the charter school's educational | ||
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(8) A description of the charter school's plan for | ||
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(9) Evidence that the terms of the charter as | ||
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(10) A description of the governance and operation of | ||
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(11) An explanation of the relationship that will | ||
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(12) An agreement between the parties regarding their | ||
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(13) A description of how the charter school plans to | ||
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(14) The proposed effective date and term of the | ||
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(14.5) Disclosure of any known active civil or | ||
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(14.7) A union neutrality clause. (15) Any other information reasonably required by the | ||
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(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for
development of a proposed contract to be submitted to the State Board for
certification under
Section 27A-6.
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 103-416, eff. 8-4-23.)
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(105 ILCS 5/27A-7.5) Sec. 27A-7.5. State Charter School Commission; abolition and transfer to State Board; fee. (a) (Blank). (a-5) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (g-5) (Blank). (h) (Blank). (i) (Blank). (j) The State Board may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities. Authorizing activities may include, but are not limited to: (i) soliciting, reviewing, and taking action on charter school proposals; (ii) hiring, training, and supervising staff engaged in authorizing activities; (iii) developing and conducting oversight, including regular monitoring, of authorized charter schools; (iv) reporting on best practices and performances of charter schools; (v) applying for, managing, and distributing grants and funds appropriated for charter schools and authorizing activities; (vi) training members of the State Board on their authorizing roles; and (vii) training other employees of the State Board on how to work with charter schools as their own local education agencies. (k) On July 1, 2020, the State Charter School Commission or "Commission" (established by Public Act 97-152 as an independent State agency with statewide chartering jurisdiction and authority) is abolished and the terms of all members end. On that date, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board. For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the State Board is declared to be the successor agency of the Commission. Beginning on July 1, 2020, references in statutes, rules, forms, and other documents to the Commission shall, in appropriate contexts, be deemed to refer to the State Board. Standards and procedures of the Commission in effect on July 1, 2020 shall be deemed standards and procedures of the State Board and shall remain in effect until amended or repealed by the State Board. On July 1, 2020, any charter school authorized by the Commission prior to July 1, 2020 shall have its authorization transferred to the State Board, which shall then become the school's authorizer for all purposes under this Article. On July 1, 2020, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission as the school's authorizer must be transferred to the State Board. At the end of its charter term, a charter school may reapply to the board or boards for authorization. On July 1, 2020, all rules of the State Board applicable to matters falling within the responsibility of the Commission shall be applicable to the actions of the State Board. (l) In any appeal filed with the State Board under this Article, both the applicant and the authorizing school district of the charter school shall have the right to request a hearing before the State Board. If more than one entity requests a hearing, then the State Board may hold only one hearing, wherein the applicant and the school district shall have an equal opportunity to present their respective positions.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-7.10) Sec. 27A-7.10. Authorizer powers and duties; immunity; principles and standards. (a) Authorizers are responsible for executing, in accordance with this Article, all of the following powers and duties: (1) Soliciting and evaluating charter applications. (2) Approving quality charter applications that meet | ||
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(3) Declining to approve weak or inadequate charter | ||
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(4) Negotiating and executing sound charter contracts | ||
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(5) Monitoring, in accordance with charter contract | ||
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(6) Determining whether each charter contract merits | ||
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(b) An authorizing entity may delegate its duties to officers, employees, and contractors. (c) Regulation by authorizers is limited to the powers and duties set forth in subsection (a) of this Section and must be consistent with the spirit and intent of this Article. (d) An authorizing entity, members of the local school board, the State Board, in its official capacity, and employees of an authorizer are immune from civil and criminal liability with respect to all activities related to a charter school that they authorize, except for willful or wanton misconduct. (e) The State Board and all local school boards that have a charter school operating are required to develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including all of the following: (1) Organizational capacity and infrastructure. (2) Soliciting and evaluating charter applications | ||
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(3) Performance contracting. (4) Ongoing charter school oversight and evaluation. (5) Charter renewal decision-making. Authorizers shall carry out all their duties under this Article in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this Article.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school established by
referendum under
Section 27A-6.5.
In evaluating any charter
school proposal submitted to it, the local school board shall give preference
to proposals that:
(1) demonstrate a high level of local pupil, | ||
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(2) set rigorous levels of expected pupil achievement | ||
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(3) are designed to enroll and serve a substantial | ||
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(b) In the case of a proposal to establish a charter school by converting an
existing public school or attendance center to charter school status, evidence
that the proposed formation of the charter school has received majority support
from certified teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if applicable, from a
local school council, shall be demonstrated by a petition in support of the
charter school signed by certified teachers and a petition in support of the
charter school signed by parents and guardians and, if applicable, by a vote of
the local school council held at a public meeting. In the case of all other
proposals to establish a charter school, evidence of sufficient support to fill
the number of pupil seats set forth in the proposal may be
demonstrated by a
petition in support of the charter school signed by parents and guardians of
students eligible to attend the charter school.
In all cases, the individuals, organizations, or entities who initiate
the proposal to establish a charter school may elect, in lieu of including any
petition referred to in this subsection as a part of the proposal submitted to
the local school board, to demonstrate that the charter school has
received the support referred to in this subsection by other evidence and
information presented at the public meeting that the local school board is
required to convene under this Section.
(c) Within 45 days of receipt of a charter school proposal, the local school
board shall convene a public meeting to obtain information to assist the board
in its decision to grant or deny the charter school proposal. A local school board may develop its own process for receiving charter school proposals on an annual basis that follows the same timeframes as set forth in this Article. Final decisions of a local school board are subject to judicial review under the Administrative Review Law.
(d) Notice of the public meeting required by this Section shall be published
in a community newspaper published in the school district in which the proposed
charter is located and, if there is no such newspaper, then in a newspaper
published in the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than 5 days before
the meeting and shall state that information regarding a charter school
proposal will be heard at the meeting. Copies of the notice shall also be
posted at appropriate locations in the school or attendance center proposed to
be established as a charter school, the public schools in the school district,
and the local school board office.
(e) Within 30 days of the public meeting, the local school board shall vote,
in a public meeting, to either grant or deny the charter school proposal.
(f) Within 7 days of the public meeting required under subsection (e) of this Section, the
local school board shall file a report with the State Board
granting or denying the proposal.
If the local school board has approved the proposal, within 30 days of receipt of the local school board's
report, the State Board shall determine whether the approved charter
proposal is consistent with the
provisions of this Article and, if the approved proposal
complies,
certify the proposal pursuant to Section 27A-6.
(g) (Blank). (h) (Blank). (i) (Blank). (Source: P.A. 101-543, eff. 8-23-19.)
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(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) An initial charter shall be granted for a period of 5
school years. A charter may be renewed in incremental periods not to exceed 10 school years. Authorizers shall ensure that every charter granted on or after January 1, 2017 includes standards and goals for academic, organizational, and financial performance. A charter must meet all standards and goals for academic, organizational, and financial performance set forth by the authorizer in order to be renewed for a term in excess of 5 years but not more than 10 years. If an authorizer fails to establish standards and goals, a charter shall not be renewed for a term in excess of 5 years. Nothing contained in this Section shall require an authorizer to grant a full 10-year renewal term to any particular charter school, but an authorizer may award a full 10-year renewal term to charter schools that have a demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the State Board, as the chartering entity,
shall contain:
(1) a report on the progress of the charter school in | ||
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(2) a financial statement that discloses the costs of | ||
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(c) A charter may be revoked
or not renewed if the local school board or the State Board, as the chartering
entity,
clearly demonstrates that the
charter school did any of the
following, or otherwise failed to comply with the requirements of this law:
(1) Committed a material violation of any of the | ||
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(2) Failed to meet or make reasonable progress toward | ||
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(3) Failed to meet generally accepted standards of | ||
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(4) Violated any provision of law from which the | ||
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In the case of revocation, the local school board or the State Board, as the chartering entity, shall notify the charter school in writing of the reason why the charter is subject to revocation. The charter school shall submit a written plan to the local school board or the State Board, whichever is applicable, to rectify the problem. The plan shall include a timeline for implementation, which shall not exceed 2 years or the date of the charter's expiration, whichever is earlier. If the local school board or the State Board, as the chartering entity, finds that the charter school has failed to implement the plan of remediation and adhere to the timeline, then the chartering entity shall revoke the charter. Except in situations of an emergency where the health, safety, or education of the charter school's students is at risk, the revocation shall take place at the end of a school year. Nothing in this Section shall be construed to prohibit an implementation timetable that is less than 2 years in duration. No local school board may arbitrarily or capriciously revoke or not renew a charter. Except for extenuating circumstances outlined in this Section, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school, as defined in the State's federal Every Student Succeeds Act accountability plan. In determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. (d) (Blank).
(e) Notice of a local school board's decision to
deny, revoke, or not
renew a charter shall be provided to the State Board.
The State Board may reverse a local board's decision to revoke or not renew a charter if the State Board finds
that the charter school or charter school proposal (i) is in compliance with
this Article and (ii) is in the best interests of the students it is designed
to serve.
The State Board may condition the granting of an appeal on the acceptance by
the charter school of funding in an amount less than that requested in the
proposal submitted to the local school board.
The State Board must appoint and utilize a hearing officer for any appeals conducted under this subsection. Final decisions of the State Board are subject
to judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if the State Board
on appeal reverses a local board's decision
or if a charter school is
approved by referendum,
the State Board
shall act as the
authorized chartering entity for the charter school and shall perform all functions
under this
Article otherwise performed by the local school
board. The State Board shall
report the aggregate number of charter school pupils resident in a school
district to that district
and shall notify the district
of the amount of
funding to be paid by the State Board to the charter school enrolling such
students. The charter school shall maintain accurate records of daily attendance and student enrollment and shall enter data on the students served, their characteristics, their particular needs, the programs in which they participate, and their academic achievement into the statewide student information system established by the State Board.
The State Board shall withhold from funds otherwise due the district
the funds authorized by this Article to be paid to the charter school and shall
pay such amounts to the charter school in quarterly installments, calculated as follows:
(1) The amount of the first quarterly payment shall | ||
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(2) The amount of the second quarterly payment shall | ||
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(3) The amount of the third quarterly payment shall | ||
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(4) The amount of the fourth quarterly payment shall | ||
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(g) (Blank). (h) The State Board shall pay directly to a charter school it authorizes any federal or State funding attributable to a student with a disability attending the school. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter school unless a
collective bargaining agreement or the charter school
contract otherwise provides.
(b) In all school districts, including special charter districts and
districts located in
cities having a population exceeding 500,000, the local school board shall
determine by policy or by negotiated
agreement, if one exists, the employment status of any school district
employees who are employed by a charter school and who seek to return to
employment in the public
schools of the district. Each local school board shall grant, for a period of
up to 5 years, a leave of absence to those of its teachers who accept
employment with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or resign; provided that if the teacher chooses to return to the school district, the
teacher must be assigned to a position that requires the teacher's licensure
and legal qualifications. The
contractual
continued service status and retirement benefits of a
teacher of the district who is granted a leave of absence to accept employment
with a charter school shall not be affected by that leave of absence.
(c) Charter schools shall employ in instructional positions, as defined in
the charter, individuals who are licensed under Article 21B of this
Code or who possess the following qualifications:
(i) graduated with a bachelor's degree from an | ||
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(ii) been employed for a period of at least 5 years | ||
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(iii) passed a content area knowledge test required | ||
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(iv) demonstrate continuing evidence of professional | ||
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(c-5) Charter schools employing individuals without licensure in
instructional positions shall provide such mentoring, training, and staff
development for those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
(c-10) At least 75% of the individuals employed in instructional positions by the charter school shall hold teaching licenses issued under Article 21B of this Code. Charter schools may employ non-licensed staff in all other positions. (c-15) Charter schools are
exempt from any annual cap on new
participants in an alternative educator licensure program. The second
and third phases of the program may
be conducted and completed at the charter school, and the
alternative provisional educator endorsement is valid for 4 years or the length
of the charter (or any extension of the charter), whichever is longer.
(d) A teacher at a charter school may resign his or her position only if
the teacher gives notice of resignation to the charter school's governing body
at least 60 days before the end of the school term, and the resignation must
take effect immediately upon the end of the school term.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-10.5) Sec. 27A-10.5. Educational or charter management organization. (a) In this Section: "CMO" means a charter management organization. "EMO" means an educational management organization. (b) All authorizers shall ensure that any charter school established on or after January 1, 2015 has a governing body that is separate and distinct from the governing body of any CMO or EMO. In reviewing charter applications and charter renewal applications, authorizers shall review the governance model proposed by the applicant to ensure that there are no conflicts of interest. (c) No charter school may employ a staff person who is simultaneously employed by an EMO or CMO.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-10.10) Sec. 27A-10.10. Closure of charter school; unspent public funds; procedures for the disposition of property and assets. (a) Upon the closing of a charter school authorized by one or more local school boards, the governing body of the charter school or its designee shall refund to the chartering entity or entities all unspent public funds. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets received by the charter school directly from any State or federal agency shall be refunded to or revert back to that State or federal agency, respectively. (b) Upon the closing of a charter school authorized by the State Board, the governing body of the charter school or its designee shall refund all unspent public funds to the State Board. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws its enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets provided by a State agency other than the State Board or by a federal agency shall be refunded to or revert back to that State or federal agency, respectively.
(c) If a determination is made to close a charter school located within the boundaries of a school district organized under Article 34 of this Code for at least one school year, the charter school shall give at least 60 days' notice of the closure to all affected students and parents or legal guardians. (Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-11)
Sec. 27A-11. Local financing.
(a) For purposes of the School Code, pupils enrolled in a charter school
shall be included in the pupil enrollment of the school district within which
the
pupil resides. Each charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school resides,
(ii) shall
report the aggregate number of pupils resident of a school district who are
enrolled in the charter school to the school district in which those pupils
reside, and (iii) shall maintain accurate records of daily attendance that
shall be deemed sufficient to file claims under Section 18-8.15 notwithstanding
any other requirements of that Section regarding hours of instruction and
teacher licensure.
(b) Except for a charter school established by referendum under Section
27A-6.5, as part of a charter school contract, the charter school and the
local
school board shall agree on funding and any services to be provided by the
school district to the charter school.
Agreed funding that a charter school is to receive from the local school
board for a school year shall be paid in
equal quarterly installments with the payment of the
installment for the first quarter being made not later than July 1, unless the
charter establishes a different payment schedule. However, if a charter school dismisses a pupil from the charter school after receiving a quarterly payment, the charter school shall return to the school district, on a quarterly basis, the prorated portion of public funding provided for the education of that pupil for the time the student is not enrolled at the charter school. Likewise, if a pupil transfers to a charter school between quarterly payments, the school district shall provide, on a quarterly basis, a prorated portion of the public funding to the charter school to provide for the education of that pupil.
All services centrally or otherwise provided by the school district
including, but not limited to, rent, food services, custodial services,
maintenance,
curriculum, media services, libraries, transportation, and warehousing shall be
subject to
negotiation between a charter school and the local school board and paid
for out
of the revenues negotiated pursuant to this subsection (b); provided that the
local school board shall not attempt, by negotiation or otherwise, to obligate
a charter school to provide pupil transportation for pupils for whom a district
is not required to provide transportation under the criteria set forth in
subsection (a)(13) of Section 27A-7.
In no event shall the funding be less than 97% or more than 103%
of the
school district's per capita student tuition multiplied by
the
number of students residing in the district who are enrolled in the charter
school.
It is the intent of the General Assembly that funding and service agreements
under this subsection (b) shall be neither a financial incentive nor a
financial disincentive to the establishment of a charter school.
The charter school may set and collect reasonable fees. Fees collected
from students enrolled at a charter school shall be retained
by the charter school.
(c) Notwithstanding subsection (b) of this Section, the proportionate share
of State and federal resources generated by students with disabilities or staff
serving them shall be directed to charter schools enrolling those students by
their school districts or administrative units. The proportionate share of
moneys generated under other federal or State categorical aid programs shall be
directed to charter schools serving students eligible for that aid.
(d) The governing body of a charter school is authorized to accept
gifts,
donations, or grants of any kind made to the charter school and to expend or
use gifts, donations, or grants in accordance with the conditions prescribed by
the donor; however, a gift, donation, or grant may not be accepted by the
governing body if it is subject to any condition contrary to applicable law or
contrary
to the terms of the contract between the charter school and the local school
board. Charter schools shall be encouraged to solicit and utilize community
volunteer speakers and other instructional resources when providing instruction
on the Holocaust and other historical events.
(e) (Blank).
(f) (Blank).
(g) At the non-renewal or revocation of its charter, each
charter school
shall refund to the local board of education all unspent funds.
(h) A charter school is authorized to incur temporary, short
term debt to
pay operating expenses in anticipation of receipt of funds from the local
school board.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-11.5) Sec. 27A-11.5. State financing. The State Board shall make
the following funds available to school districts and charter schools: (1) From a separate appropriation made to the State | ||
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(2) From a separate appropriation made for the | ||
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(3) The Charter Schools Revolving Loan Fund is | ||
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(4) A charter school may apply for and receive, | ||
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If a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. (Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-12)
Sec. 27A-12. Evaluation; report. On or before September 30 of every odd-numbered year, all local school boards with at least one charter school shall submit to the State Board any information required by the State Board pursuant to applicable rule. On or before the second Wednesday in January of every even-numbered year, the State Board shall issue a report to the General Assembly and the Governor on its findings for the previous 2 school years. The State Board's report shall summarize all of the following: (1) The authorizer's strategic vision for chartering | ||
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(2) The academic and financial performance of all | ||
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(3) The status of the authorizer's charter school | ||
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(4) The authorizing functions provided by the | ||
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Further, in the report required by this Section, the State
Board (i) shall
compare the performance of charter school pupils with the performance of
ethnically and economically comparable groups of pupils in other public schools
who are enrolled in academically comparable courses,
(ii) shall review information regarding the regulations and policies from
which
charter schools were released to determine if the exemptions assisted or
impeded
the charter schools in meeting their stated goals and objectives, and (iii)
shall
include suggested changes in State law necessary to strengthen charter schools.
In addition, the State Board shall undertake and report on periodic
evaluations of charter schools that include evaluations of student academic
achievement, the extent to which charter schools are accomplishing their
missions
and goals, the sufficiency of funding for charter schools, and the need for
changes in the approval process for charter schools.
Based on the information that the State Board receives from authorizers and the State Board's ongoing monitoring of both charter schools and authorizers, the State Board has the power to remove the power to authorize from any authorizer in this State if the authorizer does not demonstrate a commitment to high-quality authorization practices and, if necessary, revoke the chronically low-performing charters authorized by the authorizer at the time of the removal. The State Board shall adopt rules as needed to carry out this power, including provisions to determine the status of schools authorized by an authorizer whose authorizing power is revoked. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-13)
Sec. 27A-13. Rules. The State Board is authorized to adopt
any rules not inconsistent with this Article that it deems necessary to
implement and accomplish the purposes and provisions of this Article.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-14) Sec. 27A-14. (Repealed).
(Source: P.A. 96-105, eff. 7-30-09. Repealed internally, eff. 1-10-10.) |
(105 ILCS 5/Art. 28 heading) ARTICLE 28.
INSTRUCTIONAL MATERIALS
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(105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
Sec. 28-1. Copies and prices filed - Bond. No publisher or retail dealer shall offer any school instructional materials for
adoption, sale, or exchange in the State until it has complied with the
following conditions:
1. The publisher or retail dealer shall publish on | ||
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2. The publisher or retail dealer shall obtain a | ||
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(a) That the publisher or retail dealer will | ||
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(b) That the publisher or retail dealer will | ||
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(c) The publisher or retail dealer shall not | ||
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(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/28-2) (from Ch. 122, par. 28-2)
Sec. 28-2.
Approval of bond-Duration.
The bond required by Section 28-1 shall be approved by the Attorney
General and shall continue in force for 5 years after its filing, at or
before the expiration of which period a new bond shall be given or the
right to continue business within the State shall be forfeited.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/28-3)
Sec. 28-3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
Sec. 28-4. Notice of violations - Proceedings for forfeiture of bond. The school board of each district wherein the instructional materials
listed under the provisions of this Article have been adopted shall
notify the State Board of Education
of any violation of any
of the conditions contained in said bond. The State Board of Education may
thereupon notify the person
guilty of the violation
and if such person disregards the notification and fails to comply with
the requirements of the contract, the State Board of Education may
institute legal proceedings for the forfeiture of the
bond.
(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/28-5) (from Ch. 122, par. 28-5)
Sec. 28-5.
Inducement to teacher or officer forbidden.
No person shall secure or attempt to secure the sale of any school
instructional materials in any school district by rewarding or promising to
reward any teacher or by securing for him any position in any other school.
No person shall offer to give any emolument, money or other valuable thing,
promise of work or any other inducement to any teacher or school officer
for any vote or promise of vote or for the use of his influence for any
school instructional materials to be used in this State.
This section does not prevent any person from submitting, or any school
officer or teacher from receiving, a reasonable number of copies of printed
instructional materials for examination with a view to obtaining
information as to the book or series of books for which such officer shall
give his vote.
(Source: P.A. 77-2180.)
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(105 ILCS 5/28-6)
Sec. 28-6. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
Sec. 28-7. Retail prices of books. It is unlawful for any retail dealer in textbooks to sell any books
listed on the sworn statement published on the retail dealer's website at a price to
exceed a 15% advance on the net prices as so listed.
(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/28-8) (from Ch. 122, par. 28-8) Sec. 28-8. Purchase by districts for resale at cost. School districts may purchase textbooks and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the
prices listed on the sworn statement published on the retail dealer's website and sell
them to the pupils at the listed prices or at such prices as will
include the cost of transportation and handling.(Source: P.A. 101-17, eff. 6-14-19.) |
(105 ILCS 5/28-9) (from Ch. 122, par. 28-9) Sec. 28-9. Purchase by districts - Designation of agent for sale. School districts may purchase out of contingent funds school
textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed on the sworn statement published on the retail dealer's website and
may designate a retail dealer
or dealers to act as the agent of the district in selling them to
pupils. Such dealers shall at stated times make settlement with the
district for books sold. Such dealers shall not sell textbooks at prices
which exceed a 10% advance on the net prices as listed on the sworn statement.(Source: P.A. 101-17, eff. 6-14-19.) |
(105 ILCS 5/28-10)
Sec. 28-10. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-11) (from Ch. 122, par. 28-11)
Sec. 28-11.
Penalties.
Any dealer who violates the provisions of Sections 28--7 or 28--9 shall
be guilty of a petty offense and shall be fined not less than $25 nor more
than $100.
Whoever violates any of the provisions of the foregoing sections of this
Article, except those of Sections 28--7 and 28--9, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/28-12)
Sec. 28-12. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-13) (from Ch. 122, par. 28-13)
Sec. 28-13.
Districts adopting provisions for free textbooks.
The foregoing sections of this Article do not apply to school boards and
school districts that have adopted the subsequent provisions of this
Article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/28-14) (from Ch. 122, par. 28-14)
Sec. 28-14. Free textbooks - Referendum - Ballot. Any school board may, and whenever petitioned so to do by 5% or more
of the voters of such district shall order submitted to the
voters thereof at a regular scheduled
election the question of
furnishing free school textbooks or electronic textbooks for the use of pupils attending the
public schools of the district, and the secretary shall certify the proposition
to the proper election authorities for submission in accordance with the
general election law. The proposition shall be in substantially the following form:
FOR furnishing free textbooks or electronic textbooks in the public schools. AGAINST furnishing free textbooks or electronic textbooksin the public schools.
If a majority of the votes cast upon the proposition
is in favor of furnishing free textbooks or electronic textbooks, the governing body shall
provide, furnish and sell them as provided in Section 28-15, but no
such books shall be sold until at least 1 year after the election. The
furnishing of free textbooks or electronic textbooks when so adopted shall not be discontinued
within 4 years, and thereafter only by a vote of the voters of the
district upon the same conditions and in substantially the same manner
as the vote for the adoption of free textbooks or electronic textbooks. No textbook or electronic textbook furnished
under the provisions of this Article shall contain any denominational or
sectarian matter.
(Source: P.A. 96-1403, eff. 7-29-10.)
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(105 ILCS 5/28-15) (from Ch. 122, par. 28-15) Sec. 28-15. Textbooks provided and loaned to pupils-Sale to pupils. The governing body of every school district having voted in favor of
furnishing free textbooks or electronic textbooks under the provisions of Sections 28-14 through
28-19 shall provide, at the expense of the district, textbooks or electronic textbooks for use in
the public schools and loan them free to the pupils. Textbooks so furnished
shall remain the property of the school district. The governing body shall
also provide for the sale of such textbooks or electronic textbooks at cost to pupils of the
schools in the district wishing to purchase them for their own use.(Source: P.A. 96-1403, eff. 7-29-10.) |
(105 ILCS 5/28-16)
Sec. 28-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-17)
Sec. 28-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-18) (from Ch. 122, par. 28-18)
Sec. 28-18.
Boards may jointly carry out law.
School boards of two or more districts may jointly carry out the
provisions of Sections 28-14 through 28-19.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/28-19) (from Ch. 122, par. 28-19)
Sec. 28-19.
Penalty for demanding or receiving money, promise or thing of value.
Whoever directly or indirectly, demands or receives any money, promise
or thing of value from any pupil, parent, guardian or caretaker of a pupil
for any book provided in this Article, except as provided in Section 28-15
shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/28-19.1) (from Ch. 122, par. 28-19.1)
Sec. 28-19.1.
Any member of the public may inspect all text and instructional
material used in the public schools.
(Source: P.A. 81-625.)
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(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
Sec. 28-19.2.
(a) No discrimination or punishment of any kind, including, but not limited to: the lowering of grades, exclusion from classes, or withholding of student records, transcripts or diplomas may be exercised against
a student because the student's parents or guardians are unable to purchase required textbooks
or instructional materials or to pay required fees.
(b) Any person who violates this Section is guilty of a petty offense.
(Source: P.A. 102-805, eff. 1-1-23.)
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(105 ILCS 5/28-19.5) Sec. 28-19.5. Funding for electronic format of textbooks. Notwithstanding any other provision of law, a school district may use funding received pursuant to this Code to purchase textbooks or instructional materials in an electronic format or hard-bound format and the technological equipment necessary to gain access to and use electronic textbooks or instructional materials if both of the following conditions are met: (1) It can ensure that each pupil will be provided | ||
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(2) It will assist the pupil in comprehending the | ||
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Providing access to the materials at school and at home does not require the school district to purchase 2 sets of materials.
(Source: P.A. 96-1403, eff. 7-29-10.) |
(105 ILCS 5/28-20) (from Ch. 122, par. 28-20) Sec. 28-20. Definitions. (a) For purposes of this Act the term instructional materials shall mean
both print and non-print materials, including electronic textbooks, that are used in the educational
process. (b) For purposes of this Article, "textbook" includes electronic or digital textbooks that are used for educational purposes. (Source: P.A. 96-1403, eff. 7-29-10.) |
(105 ILCS 5/28-21) (from Ch. 122, par. 28-21) Sec. 28-21. The State Board of Education shall require each publisher
of any printed textbook or electronic textbook that is furnished at public expense under Sections 28-14
through 28-19 and is first published after July 19, 2006 to furnish, as provided in this Section, an accessible electronic file set of contracted print material to the National Instructional Materials Access Center, which shall then be available to the State Board of Education or its authorized user for the purpose of conversion to an accessible format for use by a child with a print disability and for distribution to local education agencies. An "accessible electronic file" means a file that conforms to specifications of the national file format adopted by the United States Department of Education. Other terms used in this Section shall be construed in compliance with the federal Individuals with Disabilities Education Act and related regulations.(Source: P.A. 101-17, eff. 6-14-19.) |
(105 ILCS 5/Art. 28A heading)
ARTICLE 28A. Education Purchasing Program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-5)
Sec. 28A-5. Definitions. In this Article: "State Board" means the State Board of Education. "Education purchasing contract" means a contract negotiated by the State Board, a local, State, or federal governmental entity, or a not-for-profit, for-profit, or cooperative entity that is certified under Section 28A-15 of this Code and made available to school districts.
"Master contract" means a contract designated as a statewide education master contract under Section 28A-15 of this Code.
"Program" means the education purchasing program created under this Article.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-10)
Sec. 28A-10. Program created. The State Board shall create an education purchasing program. Under the program, the State Board shall designate itself or another entity to act as a State education purchasing entity to form and designate statewide education master contracts and to certify education purchasing contracts for key categories identified and defined by the State Board. The State education purchasing entity shall provide master contract and education purchasing contract information and pricing to school districts.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-15)
Sec. 28A-15. Powers of State education purchasing entity. The State education purchasing entity shall have all of the following powers: (1) To select vendors and form contracts in | ||
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(2) To designate a contract as a statewide education | ||
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(3) To certify an education purchasing contract, | ||
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(4) To facilitate the inter-district sale or | ||
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(5) To select and subsidize e-procurement tools to | ||
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(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-20)
Sec. 28A-20. Rules. The State Board or other State agency designated by the State Board may adopt rules to implement the program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/Art. 29 heading) ARTICLE 29.
TRANSPORTATION
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(105 ILCS 5/29-1) (from Ch. 122, par. 29-1)
Sec. 29-1.
Free
transportation of pupils.
School boards may provide free transportation for pupils, as prescribed
in Section 10-22.22.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
Sec. 29-2.
Transportation of pupils less than one and one-half miles from school.
School boards may provide transportation for pupils living less than one
and one-half miles as measured by the customary route of travel from the
school attended and may make a charge for such transportation in an amount
of not to exceed the cost thereof, which shall include a reasonable
allowance for depreciation of the vehicles so used.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
Sec. 29-3. Transportation in school districts. School boards
of community consolidated districts, community unit
districts, consolidated districts, consolidated high school
districts, optional elementary unit districts, combined high school - unit districts, combined school districts if the combined district
includes any district which was previously required to provide
transportation, and any newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion if the newly created district includes any area that was previously required to provide transportation shall provide free transportation
for pupils residing at a distance of one and one-half miles or more from
any school to which they are assigned for attendance maintained within the
district, except for those pupils for whom the school board shall certify to
the State Board of Education that adequate transportation for the public is
available.
For the purpose of this Act 1 1/2 miles distance shall be from the exit
of the property where the pupil resides to the point where pupils are normally
unloaded at the school attended; such distance shall be measured by determining
the shortest distance on normally traveled roads or streets.
Such school board may comply with the provisions of this Section by
providing free transportation for pupils to and from an assigned school
and a pick-up point located not more than one and one-half miles from
the home of each pupil assigned to such point.
For the purposes of this Act "adequate transportation for the public"
shall be assumed to exist for such pupils as can reach school by
walking, one way, along normally traveled roads or streets
less than 1
1/2 miles irrespective of the distance the
pupil is transported by public transportation.
In addition to the other requirements of this Section, each school board may
provide free transportation for any pupil residing within 1 1/2 miles from the
school attended where conditions are such that walking, either to or from the
school to which a pupil is assigned for attendance or to or from a pick-up
point or bus stop, constitutes a serious hazard to the safety of the pupil
due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Such transportation shall not
be provided if adequate transportation for the public is available.
The determination as to what constitutes a serious safety hazard shall
be made by the school board, in accordance with guidelines promulgated by
the Illinois Department of Transportation regarding vehicular traffic or rail crossings or in accordance with guidelines regarding a course or pattern of criminal activity, as determined by the local law enforcement agency, in consultation with the State
Superintendent of Education. A school board, on written petition of the
parent or guardian of a pupil for whom adequate transportation for the public
is alleged not to exist because the pupil is required to walk along normally
traveled roads or streets where walking is alleged to constitute a serious
safety hazard due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, or who is required to
walk between the
pupil's home and assigned school or between the pupil's home or assigned school
and a pick-up point or bus stop along roads or streets where walking is alleged
to constitute a serious safety hazard due to either (i) vehicular traffic or rail
crossings or (ii) a course or pattern of criminal activity, shall conduct a
study and make findings, which the Department of Transportation, with respect to vehicular traffic or rail crossings, or the State Board of Education, in consultation with the local law enforcement agency, with respect to a course or pattern of criminal activity, shall review
and approve
or disapprove as provided in this Section, to determine whether a serious
safety hazard exists as alleged in the petition. The
Department of Transportation shall review
the findings of the school board concerning vehicular traffic or rail crossings and shall approve or disapprove the school
board's determination that a serious safety hazard exists within 30 days
after the school board submits its findings to the Department of Transportation. The State Board of Education, in consultation with the local law enforcement agency, shall review the findings of the school board concerning a course or pattern of criminal activity and shall approve or disapprove the school board's determination that a serious safety hazard exists within 30 days after the school board submits its findings to the State Board. The school board
shall annually review the conditions and determine whether or not the hazardous conditions remain unchanged. The
State Superintendent of Education may request that the Illinois Department
of Transportation or the local law enforcement agency verify that the conditions have not changed. No action
shall lie against the school board, the State Superintendent of Education,
the Illinois Department of Transportation, the State Board of Education, or a local law enforcement agency for decisions made in accordance
with this Section. The provisions of the Administrative Review Law and all
amendments and modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings instituted for the judicial
review of final administrative decisions of the Department of
Transportation, the State Board of Education, or a local law enforcement agency under this Section. At all points, except when otherwise mentioned in this Section, the local enforcement agency is authorized to determine what constitutes a course or pattern of criminal activity.
The changes made to this Section by this amendatory Act of the 100th General Assembly do not apply to a school district organized under Article 34 of this Code. (Source: P.A. 100-1142, eff. 11-28-18.)
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(105 ILCS 5/29-3.1) (from Ch. 122, par. 29-3.1)
Sec. 29-3.1.
Transportation to and from school sponsored activities.
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from any school sponsored activities in which pupils of the
district participate, whether during the school year or not, and may make
a charge for such transportation in an amount not to exceed the cost
thereof, which may include a reasonable allowance for depreciation of the
vehicles so used. The school board may provide transportation for pupils on
bona fide field trips in Illinois or adjacent states.
(Source: P.A. 85-1148; 85-1389; 85-1440.)
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(105 ILCS 5/29-3.2) (from Ch. 122, par. 29-3.2)
Sec. 29-3.2.
Transportation to and from activities of private schools.
The school board of any school district that provides transportation for
pupils to and from the public schools may, by agreement with the officials
of a non-public school, provide transportation, at times when the buses or
other conveyances are not needed for public school student transportation,
for students attending the non-public school to and from activities
sponsored by that school. Such a school board providing transportation
under this Section shall make a charge for furnishing that transportation
in an amount not less than the cost thereof, including a reasonable
allowance for the depreciation of each vehicle used in that transportation.
(Source: Laws 1967, p. 1228.)
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(105 ILCS 5/29-3.2a) (from Ch. 122, par. 29-3.2a)
Sec. 29-3.2a.
Transportation to and from summer school sessions.)
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from school during that period of the calendar year not
embraced with the regular school term in which courses are taught for any
pupils of the district who might participate, and may make a charge for
such transportation in an amount not to exceed the cost thereof, which may
include a reasonable allowance for depreciation of the vehicles so
used; provided no charge shall be made for transportation of the types of
children defined in Sections 14-1.02 through 14-1.07 of this Act and school
boards providing such transportation shall be reimbursed pursuant to Section
14-13.01 of this Act.
(Source: P.A. 79-203.)
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(105 ILCS 5/29-3.3) (from Ch. 122, par. 29-3.3)
Sec. 29-3.3.
Transportation for pupils of other districts.
The school board of any school district that provides transportation for
pupils to and from the public schools may, pursuant to agreement with the
school board of any other school district, provide transportation for
pupils of that district to and from activities sponsored by any public
school in that district, at times when buses or other conveyances used in
such transportation are not needed for transporting pupils of the school
district so providing that transportation. In providing such transportation
for pupils of another district, the school board shall charge an amount not
less than the cost of furnishing that transportation, including a
reasonable allowance for depreciation on each vehicle so used.
(Source: Laws 1967, p. 3480.)
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(105 ILCS 5/29-3.4) (from Ch. 122, par. 29-3.4)
Sec. 29-3.4.
The school board of any school district may provide transportation
services to children participating in or adults who are attending organized recreational, cultural,
educational, and public service programs. The school board shall make a
charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable allowance for insurance premiums and depreciation of the vehicles
so used. This Section shall not apply if such transportation services are
offered by any public or private mass transit system engaged in the
business of transporting people within the county or counties in which the
school district is located in whole or in part and if such transit system
has received or will receive funds provided by the "Mass Transportation
Emergency Operating Assistance Act of 1973", adopted by the 78th General
Assembly, or which receives or will receive funds from any other enactment
of the General Assembly or from any unit of local government.
(Source: P.A. 79-506.)
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(105 ILCS 5/29-3.5) (from Ch. 122, par. 29-3.5)
Sec. 29-3.5.
Other use of school buses.
The school board of any school district
may provide transportation services to any non-profit organization for recreational,
cultural,
educational, and public service programs operated by the organization for
the benefit of its members.
Transportation shall be provided to non-profit organizations during times
when the vehicles used are not
needed for the transportation of students between school and their homes.
The school board shall make
a charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable
allowance for depreciation of the vehicles used. The school board is authorized
to enter into contracts,
leases, or agreements covering the use of transportation by non-profit organizations.
The school board shall add to the charges made for the use of transportation
a reasonable amount to
cover any increase in insurance premiums incident to the use of transportation
by the organization.
Nothing in this Section shall be construed to terminate, either permanently
or temporarily, the
status of the vehicles used by the organization as school buses.
Nothing in this Section shall be construed to permit any
school district to provide transportation services in
competition with any mass transit carrier.
(Source: P.A. 79-656.)
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(105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
Sec. 29-4.
Pupils attending a charter school or nonpublic school.
The school
board of any school district that provides any school bus or conveyance
for transporting pupils to and from the public schools shall afford
transportation, without cost, for children who attend a charter school or
any school other
than a public school, who reside at least 1 1/2 miles from the school
attended, and who reside on or along the highway constituting the
regular route of such public school bus or conveyance, such
transportation to extend from some point on the regular route nearest or
most easily accessible to their homes to and from the school attended,
or to or from a point on such regular route which is nearest or most
easily accessible to the school attended by such children. Nothing
herein shall be construed to prevent high school districts from
transporting public or non-public elementary school pupils on a regular
route where deemed appropriate. The elementary district in which such
pupils reside shall enter into a contractual agreement with the high
school district providing the service, make payments accordingly, and
make claims to the State in the amount of such contractual payments.
The person in charge of any charter school or school other than a public
school shall
certify on a form to be provided by the State Superintendent of Education,
the names and addresses of pupils transported and when such
pupils were in attendance at the school. If any such children reside
within 1 1/2 miles from the school attended, the school board shall
afford such transportation to such children on the same basis as it
provides transportation for its own pupils residing within that distance
from the school attended.
Nothing herein shall be construed to preclude a school district from
operating separate regular bus routes, subject to the limitations of
this Section, for the benefit of children who attend a charter school or
any school other
than a public school where the operation of such routes is safer, more
economical and more efficient than if such school district were
precluded from operating separate regular bus routes.
If a school district is required by this Section to afford
transportation without cost for any child who is not a resident of the
district, the school district providing such transportation is entitled
to reimbursement from the school district in which the child resides for
the cost of furnishing that transportation, including a reasonable
allowance for depreciation on each vehicle so used. The school district
where the child resides shall reimburse the district providing the
transportation for such costs, by the 10th of each month or on such less
frequent schedule as may be agreed to by the 2 school districts.
(Source: P.A. 91-407, eff. 8-3-99.)
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(105 ILCS 5/29-5) (from Ch. 122, par. 29-5) Sec. 29-5. Reimbursement by State for transportation. Any school
district, maintaining a school, transporting resident pupils to another
school district's vocational program, offered through a joint agreement
approved by the State Board of Education, as provided in Section
10-22.22 or transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board of Education
which provides transportation meeting the standards of safety, comfort,
convenience, efficiency and operation prescribed by the State Board of
Education for resident pupils in kindergarten or any of grades 1 through
12 who: (a) reside at least 1 1/2 miles as measured by the customary route of
travel, from the school attended; or (b) reside in areas where conditions are
such that walking constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the school attended
from pick-up points at the beginning of the school day and back again at the
close of the school day or transported to and from their assigned attendance
centers during the school day, shall be reimbursed by the State as hereinafter
provided in this Section.
The State will pay the prorated allowable cost of transporting eligible pupils less the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 in a dual school district maintaining secondary
grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary
school districts maintaining grades K to 8 times a qualifying rate of
.06%; and in unit districts maintaining grades K to 12, including partial elementary unit districts formed pursuant to Article 11E, times a qualifying
rate of .07%. To be eligible to receive reimbursement in excess of 4/5
of the cost to transport eligible pupils, a school district or partial elementary unit district formed pursuant to Article 11E shall have a
Transportation Fund tax rate of at least .12%. The Transportation Fund tax rate for a partial elementary unit district formed pursuant Article 11E shall be the combined elementary and high school rates pursuant to paragraph (4) of subsection (a) of Section 18-8.15. If a school district or partial elementary unit district formed pursuant to Article 11E
does not have a .12% Transportation Fund tax rate, the amount of its
claim in excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the Transportation Fund tax
rate from .12% and multiplying that amount by the district's real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15, provided that in no case shall said reduction
result in reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16 times the
number of eligible pupils transported.
When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.
Any such district transporting resident pupils during the school day
to an area vocational school or another school district's vocational
program more than 1 1/2 miles from the school attended, as provided in
Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5
of the cost of transporting eligible pupils.
School day means that period of time during which the pupil is required to be
in attendance for instructional purposes.
If a pupil is at a location within the school district other than his
residence for child care purposes at the time for transportation to school,
that location may be considered for purposes of determining the 1 1/2 miles
from the school attended.
Claims for reimbursement that include children who attend any school
other than a public school shall show the number of such children
transported.
Claims for reimbursement under this Section shall not be paid for the
transportation of pupils for whom transportation costs are claimed for
payment under other Sections of this Act.
The allowable direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall be limited to the sum of
the cost of physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and school bus maintenance
personnel; employee benefits excluding Illinois municipal retirement
payments, social security payments, unemployment insurance payments and
workers' compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school districts for
pupil transportation services; pre-approved contractual expenditures for
computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other
supplies necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of travel to
meetings and workshops conducted by the regional superintendent or the
State Superintendent of Education pursuant to the standards established by
the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of
school bus drivers; the cost of maintenance of school buses including parts
and materials used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance and licenses for
transportation vehicles; expenditures for the rental of transportation
equipment; plus a depreciation allowance of 20% for 5 years for school
buses and vehicles approved for transporting pupils to and from school and
a depreciation allowance of 10% for 10 years for other transportation
equipment so used.
Each school year, if a school district has made expenditures to the
Regional Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for the
transportation of pupils and if the public transit carrier received direct
payment for services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable direct cost of
transporting pupils for regular, vocational, and special education pupil
transportation shall also include the expenditures that the district has
made to the public transit carrier.
In addition to the above allowable costs, school
districts shall also claim all transportation supervisory salary costs,
including Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without limitation.
Special education allowable costs shall also include expenditures for the
salaries of attendants or aides for that portion of the time they assist
special education pupils while in transit and expenditures for parents and
public carriers for transporting special education pupils when pre-approved
by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim for districts
which own and operate their own school buses. Such indirect costs shall
include administrative costs, or any costs attributable to transporting
pupils from their attendance centers to another school building for
instructional purposes. No school district which owns and operates its own
school buses may claim reimbursement for indirect costs which exceed 5% of
the total allowable direct costs for pupil transportation.
The State Board of Education shall prescribe uniform regulations for
determining the above standards and shall prescribe forms of cost
accounting and standards of determining reasonable depreciation. Such
depreciation shall include the cost of equipping school buses with the
safety features required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department of
Transportation for the safety and construction of school buses provided,
however, any equipment cost reimbursed by the Department of Transportation
for equipping school buses with such safety equipment shall be deducted
from the allowable cost in the computation of reimbursement under this
Section in the same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school administrator for
the district shall certify to the State Superintendent of Education the
district's claim for reimbursement for the school year ending on June 30
next preceding. The State Superintendent of Education shall check and
approve the claims and prepare the vouchers showing the amounts due for
district reimbursement claims. Each fiscal year, the State
Superintendent of Education shall prepare and transmit the first 3
vouchers to the Comptroller on the 30th day of September, December and
March, respectively, and the final voucher, no later than June 20.
If the amount appropriated for transportation reimbursement is insufficient
to fund total claims for any fiscal year, the State Board of Education shall
reduce each school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total amount
appropriated.
For purposes of calculating claims for reimbursement under this Section for any school year beginning July 1, 2016, the equalized assessed valuation for a school district or partial elementary unit district formed pursuant to Article 11E used to compute reimbursement shall be the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15.
All reimbursements received from the State shall be deposited into the
district's transportation fund or into the fund from which the allowable
expenditures were made.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may classify all or a portion of the funds that it
receives in a particular fiscal year or from State aid pursuant to
Section 18-8.15 of this Code
as funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
Any school district with a population of not more than 500,000
must deposit all funds received under this Article into the transportation
fund and use those funds for the provision of transportation services.
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
Sec. 29-5.2. Reimbursement of transportation.
(a) Reimbursement. A
custodian of a qualifying pupil shall be entitled to reimbursement in
accordance with procedures established by the State Board of Education for
qualified transportation expenses paid by such custodian during the school
year.
(b) Definitions. As used in this Section:
(1) "Qualifying pupil" means an individual referred | ||
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(A) is a resident of the State of Illinois; and
(B) is under the age of 21 at the close of the | ||
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(C) during the school year for which | ||
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(D) did not live within 1 1/2 miles from the | ||
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(2) "Qualified transportation expenses" means costs | ||
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(3) "School" means a public or nonpublic elementary | ||
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(4) One and one-half miles distance. For the purposes | ||
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(5) Custodian. The term "custodian" shall mean, with | ||
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(c) An individual, resident of the State of Illinois, who is under
the age of 21 at the close of the
school year for which reimbursement is sought and who, during that school
year, was a full time pupil enrolled in a kindergarten through 12th grade
educational program at a school which was within 1 1/2 miles of the pupil's
residence, measured in a manner consistent with Section 29-3, is a
"qualifying pupil" within the meaning of this Section if (i) such pupil attends public school in a school district organized under Article 34 of this Code and must walk or otherwise travel along a safe passage route, as designated by
the school board, to reach school or return home or
(ii) such pupil
did not have access to transportation provided entirely at public expense
to and from that school and the pupil's residence and conditions were
such that walking would have constituted a serious hazard to the safety of
the pupil due to vehicular traffic. The determination of what constitutes
a serious safety hazard within the meaning of this subsection shall in each
case be made by the Department of Transportation in accordance with
guidelines which the Department, in consultation with the State
Superintendent of Education, shall promulgate. Each custodian intending to
file an application for reimbursement under subsection (d) for expenditures
incurred or to be incurred with respect to a pupil asserted to be a
qualified pupil as an individual referred to in this subsection shall first
file with the appropriate regional superintendent, on forms provided by the
State Board of Education, a request for a determination that a serious
safety hazard within the meaning of this subsection (c) exists with respect
to such pupil. Custodians shall file such forms with the appropriate
regional superintendents not later than February 1 of the school year for
which reimbursement will be sought for transmittal by the regional
superintendents to the Department of Transportation not later than February
15; except that any custodian who previously received a determination
that a serious safety hazard exists need not resubmit such a request for 4
years but instead may certify on their application for reimbursement to the State
Board of Education referred to in subsection (d), that the conditions found
to be hazardous, as previously determined by the Department, remain
unchanged. The Department shall make its determination on all requests so
transmitted to it within 30 days, and shall thereupon forward notice of
each determination which it has made to the appropriate regional
superintendent for immediate transmittal to the custodian affected thereby.
The determination of the Department relative to what constitutes a serious
safety hazard within the meaning of subsection (c) with respect to any
pupil shall be deemed an "administrative decision" as defined in Section
3-101 of the Administrative Review Law; and the Administrative Review Law
and all amendments and modifications thereof and rules adopted pursuant
thereto shall apply to and govern all proceedings instituted for the
judicial review of final administrative decisions of the Department of
Transportation under this subsection.
(d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an individual
referred to in subsection (c), who applies in accordance
with procedures established by the State Board of Education shall be
reimbursed in accordance with the dollar limits set out in this Section.
Such procedures shall require application no later than June 30 of each
year, documentation as to eligibility, and adequate evidence of
expenditures; except that for reimbursement sought pursuant to subsection
(c) for the 1985-1986 school year, such procedures shall require
application within 21 days after the determination of the Department of
Transportation with respect to that school year is transmitted by the
regional superintendent to the affected custodian. In the absence of
contemporaneous records, an affidavit by
the custodian may be accepted as evidence of an expenditure. If the amount
appropriated for such reimbursement for any year is less than the amount
due each custodian, it shall be apportioned on the basis of the requests
approved. Regional Superintendents shall be reimbursed for such costs of
administering the program, including costs incurred in administering the
provisions of subsection (c), as the State Board of Education determines are
reasonable and necessary.
(e) Dollar limit on amount of reimbursement. Reimbursement to custodians
for transportation expenses incurred during the 1985-1986 school year,
payable in fiscal year 1987, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $50 per pupil. Reimbursement to
custodians for transportation expenses incurred during the 1986-1987 school
year, payable in fiscal year 1988, shall be equal to the lesser of (1) the
actual qualified transportation expenses, or (2) $100 per pupil. For
reimbursements of qualified transportation expenses incurred in 1987-1988
and thereafter, the amount of reimbursement shall not exceed the prior
year's State reimbursement per pupil for transporting pupils as required by
Section 29-3 and other provisions of this Article.
(f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
(g) The provisions of this amendatory Act of 1986 shall apply according to
their terms to the entire 1985-1986 school year, including any portion of
that school year which elapses prior to the effective date of this
amendatory Act, and to each subsequent school year.
(h) The chief administrative officer of each school shall notify
custodians of qualifying pupils that reimbursements are available.
Notification shall occur by the first Monday in November of the school year
for which reimbursement is available.
(Source: P.A. 98-1057, eff. 1-1-15.)
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(105 ILCS 5/29-6) (from Ch. 122, par. 29-6)
Sec. 29-6.
Inter-district contracts for transportation.
Any school district, including any non-high school district, may
contract at actual cost with 1 or more school districts for the
transportation of pupils to and from the school attended.
(Source: P.A. 78-1245.)
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(105 ILCS 5/29-6.1) (from Ch. 122, par. 29-6.1)
Sec. 29-6.1. Contracts for transportation. Subject to Section 6-106.11
of the Illinois Vehicle Code,
school boards may enter into contracts for any period of time deemed appropriate by those school boards for transportation
of pupils to and from school; however, no contract, inclusive of any proposed renewals, may exceed 10 years. All contracts for a period of time greater than 5 years that do not include the use of electric vehicles for pupil transportation shall include a termination option after 5 years. Nothing in this Section prohibits contract opener clauses for any purpose from being included in the contract. A contract for pupil transportation that utilizes a significant percentage of electric vehicles may be entered into by a school board for up to 15 years if the contract relies on capital or infrastructure purchases or improvements that cannot reasonably be justified in a shorter-term contract.
(Source: P.A. 103-430, eff. 1-1-24.)
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(105 ILCS 5/29-6.3)
Sec. 29-6.3. Transportation to and from specified interscholastic or school-sponsored
activities. (a) Any school district transporting students in grade 12 or below for an interscholastic, interscholastic athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the district and (ii) is not associated with the students' regular class-for-credit schedule or required 5 clock hours of instruction under Section 10-19.05 shall transport the students only in a school bus, a vehicle manufactured to transport not more than 10 persons, including the driver, or a multifunction school-activity bus manufactured to transport not more than 15 persons, including the driver. (a-5) A student in any of grades 9 through 12 may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of the Illinois Vehicle Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions: (i) A MFSAB may not be used to transport students | ||
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(ii) The use of a MFSAB under this Section is subject | ||
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(b) Any school district furnishing transportation for students under the authority of this Section shall insure against any loss or liability of the district resulting from the maintenance, operation, or use of the vehicle. (c) Vehicles used to transport students under this Section may claim a depreciation allowance of 20% over 5 years as provided in Section 29-5 of this Code.
(Source: P.A. 101-12, eff. 7-1-19.)
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(105 ILCS 5/29-6.4)
Sec. 29-6.4. Non-contract transportation; bids;
reimbursement. A school board of a school district that provides
transportation of its pupils to and from school on buses that are owned by the
district that are operated by drivers who are employed by the district shall,
if it receives a timely request from an interested private school bus
contractor that the district provide that transportation under contract,
solicit sealed bids for that purpose. A district or special education cooperative is not required to respond to such a request more than once every 2 years.
A request
shall not be considered timely if it is made more than
24 months or less than 3 months before the expiration of the collective
bargaining or other agreement that is in effect at the time the request is made
and that governs the terms and conditions of employment of the school bus
drivers employed by the district. All requests shall be made in writing by certified mail, return receipt requested, addressed to the school board of the district at the administrative offices or any school of the district. At the conclusion of the bidding process,
the school board shall publicly announce the district's fully allocated costs
of providing transportation of its pupils to and from school under its present
system and thereupon may (i) elect to enter into a contract as provided in
Section 29-6.1 with the lowest responsible bidder for transportation of the
district's pupils to and from school or (ii) elect to continue providing
transportation of its pupils to and from school under its present system.
In the event the school board elects to continue providing transportation of
the district's pupils to and from school under its present system even though
the district's fully allocated costs of doing so exceed the amount of the
lowest responsible bid received by the school board for transportation of the
district's pupils to and from school, the school board shall publicly
announce at a regularly scheduled meeting of the board held within 30 days
after making its election to continue providing pupil
transportation under its present system (i) the fully allocated costs of
providing transportation of the district's pupils to and from school under its
present system, and (ii) the amount of each of the sealed bids submitted to the
school board, identifying which of the sealed bid amounts was the lowest
responsible bid.
As used in this Section the term "fully allocated costs" includes both the
fixed and variable direct costs of the labor, capital, and material resources
that are used by the school district exclusively for purposes of providing
transportation of the district's pupils to and from school plus that portion of
the district's shared costs as is fairly allocable to the products, services,
and facilities necessary to provide transportation of the district's pupils to
and from school. Direct costs of labor, capital, and material resources used
exclusively to provide pupil transportation include the wages, payroll costs,
and associated fringe benefits of school bus drivers, mechanics, and any
supervisory or administrative personnel whose services relate exclusively to
pupil transportation personnel or services, fuel, lubricants, tires, tubes,
related material costs incurred in providing pupil transportation, depreciation
costs associated with school buses and other vehicles, including spare
vehicles, used to provide pupil transportation, and costs of facilities and
equipment maintained exclusively to service, garage, or park vehicles used for
pupil transportation purposes.
"Shared costs" means the aggregate cost of the labor, capital, and material
resources that are used in common by the district for a multiplicity of
purposes, including the purpose of providing transportation of the district's
pupils to and from school. The costs of the management, administration, and
underlying infrastructure that support a multiplicity of services provided by
the school district (including pupil transportation services) constitute shared
costs within the meaning of this Section, and to the extent they are fairly
allocable to pupil transportation services they are included within the term
fully allocated costs as used in this Section. The
State Board of Education shall promulgate rules setting forth the manner in
which a district's fully allocated costs of providing transportation of its
pupils to and from school under a non-contractual system shall be determined
and computed for purposes of this Section. However, those rules shall be
consistent with the provisions of this paragraph and shall follow recognized
principles of fully allocated costing analysis in the transit industry,
including generally accepted methods of identifying and estimating the
principal cost elements of maintaining and operating a pupil transportation
system.
(Source: P.A. 93-953, eff. 1-1-05.)
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(105 ILCS 5/29-9) (from Ch. 122, par. 29-9)
Sec. 29-9.
Liability insurance.
Any school district, including any non-high school district, which
provides transportation for pupils shall insure against any loss or
liability of such district, its agents or employees, resulting from or
incident to the ownership, maintenance or use of any school bus. Such
insurance shall be carried only in companies duly licensed and authorized
to write such coverage in this State and in compliance with the provisions
of Section 12-707 of "The Illinois Vehicle Code", approved September 29,
1969, as now or hereafter amended.
(Source: P.A. 78-310.)
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(105 ILCS 5/29-15) (from Ch. 122, par. 29-15)
Sec. 29-15.
Subject to the provisions of Section 10-22.8 of this Act, school
districts, which own buses or other vehicular equipment for the
transportation of pupils to or from school within such district, may sell
or lease such buses or equipment to a Mass Transit District organized under
the Local Mass Transit District Act or to an Urban Transportation District
organized under the Urban Transportation District Act. Such districts may
contract with a Mass Transit District or an Urban Transportation District
for the transportation of pupils to and from the schools of such districts
at a consideration to be determined by negotiation between the parties.
Such contracts shall otherwise be subject to the provisions of this
Article.
(Source: P.A. 77-1492.)
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(105 ILCS 5/29-16) (from Ch. 122, par. 29-16)
Sec. 29-16.
The school board of any school district which owns buses or other
vehicular equipment for the transportation of pupils may rent such buses or
equipment to the county board of any county in which it is situated to
provide public transportation services pursuant to the "Downstate Public
Transportation Act". The school board may rent such buses and equipment to
the county board only for use during times when such buses or equipment are
not needed for transporting pupils of the school district. A school board
renting school buses or other vehicular equipment under this Section shall
make a charge for furnishing such buses or other vehicular equipment in an
amount not less than the cost thereof, including a reasonable allowance for
the depreciation of each vehicle used.
This amendatory Act is not a limitation upon the contractual and
associational powers granted by Section 10 of Article VII of the
Constitution.
(Source: P.A. 78-1109.)
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(105 ILCS 5/29-17)
Sec. 29-17. (Repealed).
(Source: P.A. 85-1010. Repealed by P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
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(105 ILCS 5/29-18)
Sec. 29-18. (Repealed).
(Source: P.A. 90-756, eff. 8-14-98. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/29-20) Sec. 29-20. (Repealed).
(Source: P.A. 98-907, eff. 8-15-14. Repealed internally, eff. 1-1-16.) |
(105 ILCS 5/Art. 30 heading) ARTICLE 30.
SCHOLARSHIPS
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(105 ILCS 5/30-1) (from Ch. 122, par. 30-1)
Sec. 30-1.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-2) (from Ch. 122, par. 30-2)
Sec. 30-2.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-3) (from Ch. 122, par. 30-3)
Sec. 30-3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4)
Sec. 30-4. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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(105 ILCS 5/30-4a) (from Ch. 122, par. 30-4a)
Sec. 30-4a.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4b) (from Ch. 122, par. 30-4b)
Sec. 30-4b.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4c) (from Ch. 122, par. 30-4c)
Sec. 30-4c.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4d) (from Ch. 122, par. 30-4d)
Sec. 30-4d.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4e) (from Ch. 122, par. 30-4e)
Sec. 30-4e.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-6)
Sec. 30-6. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/30-7)
Sec. 30-7. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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(105 ILCS 5/30-8)
Sec. 30-8. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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(105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
Sec. 30-9.
General Assembly scholarship; conditions of admission; award by
competitive examination.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
Sec. 30-10.
Filing nominations-Failure to accept or pass-Second
nomination.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
Sec. 30-11. Failure to use scholarship - Further nominations.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
Sec. 30-12. Failure to begin or discontinuance of course because of military service.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-12.5)
Sec. 30-12.5. Waiver of confidentiality.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
Sec. 30-13. Use of scholarship at public university.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-13.5) Sec. 30-13.5. General Assembly scholarship program abolished. Before September 1, 2012, each member of the General Assembly may nominate persons to receive a scholarship or certificate of scholarship under Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly. A person nominated to receive or awarded such a scholarship or certificate before September 1, 2012 is entitled to the scholarship under the terms of Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly and Section 30-14 of this Code.
(Source: P.A. 97-772, eff. 7-11-12.) |
(105 ILCS 5/30-14) (from Ch. 122, par. 30-14)
Sec. 30-14.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is holding a
scholarship issued under this Article who satisfies the president of the
university or someone designated by him, that he requires leave of absence
for the purpose of earning funds to defray his expenses while in attendance
or on account of illness or military service may be granted such leave and
allowed a period of not to exceed 6 years in which to complete his course
at the university. The university shall notify the county superintendent of
the county from which the scholarship was issued of the granting of the
leave. Time spent in the armed forces shall not be part of the 6 years.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/30-14.1)
Sec. 30-14.1. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' Dependents scholarship.
(a) Any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or
step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson who possesses all necessary
entrance requirements shall, upon application and proper proof, be awarded
a MIA/POW Scholarship consisting of the equivalent of 4 calendar years of
full-time enrollment including summer terms, to the state supported
Illinois institution of higher learning of his choice, subject to the
restrictions listed below.
"Eligible veteran or serviceperson" means any veteran or serviceperson, including an Illinois National Guard member who is on active duty or is active on a training assignment,
who has been declared by the U.S. Department of Defense or the
U.S. Department of Veterans Affairs to be a prisoner of war or missing
in action, or has died as the result of a service-connected disability or has become a person with a permanent disability from service-connected causes with 100% disability and
who (i) at the time of entering service was an Illinois resident, or (ii) was an
Illinois resident within 6 months after entering such service, or (iii) is a resident of Illinois at the time of application for the Scholarship and, at some point after entering such service, was a resident of Illinois for at least 15 consecutive years.
Full-time enrollment means 12 or more semester hours of courses per semester,
or 12 or more quarter hours of courses per quarter, or the equivalent thereof
per term. Scholarships utilized by dependents enrolled in less than full-time
study shall be computed in the proportion which the number of hours so carried
bears to full-time enrollment.
Scholarships awarded under this Section may be used by a spouse or child
without regard to his or her age. The holder of a Scholarship
awarded under this Section shall be subject to all examinations and academic
standards, including the maintenance of minimum grade levels, that are
applicable generally to other enrolled students at the Illinois institution of
higher learning where the Scholarship is being used.
If the surviving spouse
remarries or if there is a divorce between the veteran or serviceperson and
his or her spouse while the dependent is pursuing his or her course of
study, Scholarship benefits will be terminated at the end of the term for
which he or she is presently enrolled. Such dependents shall also be
entitled, upon proper proof and application, to enroll in any extension
course offered by a State supported Illinois institution of higher learning
without payment of tuition and approved fees.
The holder of a MIA/POW Scholarship authorized under this Section shall
not be required to pay any tuition or mandatory fees while attending a State-controlled university or public community college in this State for a period equivalent to 4 years of enrollment, including summer terms.
Any dependent who has been or shall be awarded a MIA/POW Scholarship shall
be reimbursed by the appropriate institution of higher learning for any
fees which he or she has paid and for which exemption is granted under this
Section if application for reimbursement is made within 2 months following
the end of the school term for which the fees were paid.
(b) In lieu of the benefit provided in subsection (a), any spouse,
natural child, legally adopted child, or step-child of an eligible veteran
or serviceperson, which spouse or child has a physical, mental or
developmental disability, shall be entitled to receive, upon application and
proper proof, a benefit to be used for the purpose of defraying the cost of
the attendance or treatment of such spouse or child at one or more
appropriate therapeutic, rehabilitative or educational facilities. The
application and proof may be made by the parent or legal guardian of the
spouse or child on his or her behalf.
The total benefit provided to any beneficiary under this subsection shall
not exceed the cost equivalent of 4 calendar years of full-time enrollment,
including summer terms, at the University of Illinois. Whenever
practicable in the opinion of the Department of Veterans' Affairs, payment
of benefits under this subsection shall be made directly to the facility,
the cost of attendance or treatment at which is being defrayed, as such
costs accrue.
(c) The benefits of this Section shall be administered by and paid for out
of funds made available to the Illinois Department of Veterans' Affairs.
The amounts that become due to any state supported Illinois institution of
higher learning shall be payable by the Comptroller to such institution on
vouchers approved by the Illinois Department of Veterans' Affairs. The
amounts that become due under subsection (b) of this Section shall be
payable by warrant upon vouchers issued by the Illinois Department of
Veterans' Affairs and approved by the Comptroller. The Illinois Department
of Veterans' Affairs shall determine the eligibility of the persons
who make application for the benefits provided for in this Section.
(Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.)
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(105 ILCS 5/30-14.3) (from Ch. 122, par. 30-14.3)
Sec. 30-14.3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.5) (from Ch. 122, par. 30-14.5)
Sec. 30-14.5.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.6) (from Ch. 122, par. 30-14.6)
Sec. 30-14.6.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.7) (from Ch. 122, par. 30-14.7)
Sec. 30-14.7.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.8)
Sec. 30-14.8.
Christa McAuliffe Fellowship Program.
(a) The General Assembly finds that the Christa McAuliffe federal fellowship
is an award expressly and exclusively for the benefit of one or more elementary
or secondary teachers, provides funding for a sabbatical for the recipient of
the fellowship, has no express relationship to post-secondary educational
benefits under State and federal grant and loan programs administered by the
Illinois Student Assistance Commission (hereinafter in this Section sometimes
referred to as the "Commission"), and therefore is a program that from and
after the effective date of this amendatory Act of 1995 should be administered
in this State by the State Board of Education.
(b) There is hereby transferred to the State Board of Education from the
Illinois Student Assistance Commission all authority and responsibility
exercised by the Commission before the effective date of this amendatory Act of
1995 with respect to the administration within this State of the Christa
McAuliffe federal fellowship program. From and after the effective date of
this amendatory Act, the State Board of Education shall administer on behalf of
the State of Illinois and in accordance with all applicable rules and
regulations the conduct and operation of the Christa McAuliffe federal
fellowship program within this State.
(c) The Illinois Student Assistance Commission shall transfer to the State
Board of Education, as successor to the Commission for all purposes of
administering the Christa McAuliffe federal fellowship program, all books,
accounts, records, papers, documents, contracts, agreements, and pending
business in the possession or under the control of the Commission and relating
to its administration of the Christa McAuliffe fellowship program in this
State.
All pending applications made before the effective date of this amendatory Act
of 1995 for scholarship awards under the Christa McAuliffe fellowship program
and all scholarships awarded under that program before the effective date of
this amendatory Act of 1995 shall be unaffected by the transfer to the State
Board of Education of all responsibilities and authority formerly exercised by
the Commission with respect to that program. The Commission shall furnish to
the State Board of Education such other information as the State Board of
Education may request to assist it in administering this Section.
(Source: P.A. 89-106, eff. 7-7-95.)
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(105 ILCS 5/prec. Sec. 30-15 heading)
HIGHER EDUCATION STUDENT ASSISTANCE LAW
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(105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
Sec. 30-15.25.
(a) As used in this Section, the term "public institution
of higher education" includes: the University of Illinois; Southern
Illinois University;
Chicago State University; Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois University;
Northern Illinois University; Western Illinois University; the public community
colleges of the State; and any other public
universities, colleges and community colleges now or hereafter established
or authorized by the General Assembly. The term "nonpublic institution of
higher education" includes any educational organization in this State,
other than a public institution of higher education, which provides a
minimum of an organized 2 year program at the private junior college level
or higher and which operates not-for-profit and in conformity with
standards substantially equivalent to those of public institutions of
higher education.
(b) Each public institution of higher education shall disclose
the terms, restrictions and requirements attached to or made a part of any
endowment, gift, grant, contract award or property of any kind or value
in excess of $100,000 made to such institution, or to any school, college,
division, branch or other organizational entity within or forming a part
of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $100,000, such institution shall report all the gifts received.
This subsection shall not apply to funds that public institutions of higher
education receive from grants and contracts through either the federal
government or the State of Illinois.
(c) The provisions of this subsection apply to each nonpublic
institution of higher education: (i) which receives any grant or award
under the Illinois Financial Assistance Act for Nonpublic Institutions of
Higher Learning or under the Higher Education Cooperation Act, or (ii)
which is a participant in a program of interinstitutional cooperation
administered by a not-for-profit organization that is organized to
administer such program under the Higher Education Cooperation Act and that
receives any grant under and in furtherance of the purposes of that Act, or
(iii) which receives any grant or distribution of grant moneys appropriated
from the State Treasury or any fund therein to such institution or to the
Board of Higher Education for distribution to nonpublic institutions of
higher education for purposes of Section 4 of the Build Illinois Bond Act
or for any other purpose authorized by law. Each nonpublic institution of
higher education to which the provisions of this subsection apply shall
disclose the terms, restrictions and requirements attached to or made a
part of any endowment, gift, grant, contract award or property of any kind
or value in excess of $250,000 made to such institution, or to any school,
college, division, branch or other organizational entity within or forming
a part of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $250,000, such institution shall report all the gifts received.
(d) Such information shall be forwarded to the Attorney
General no later than 30 days after the final day of each calendar or fiscal
year of such institution, whichever type of year is used by the institution
in accounting for the gifts received for the purposes of this Section. The
information shall include:
(1) the name of the foreign government in the case of | ||
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(2) the amount and the date of the contribution or | ||
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(3) when the gift is conditional, matching or | ||
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(4) the purpose or purposes for which the | ||
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Such information shall be a matter of public record.
(Source: P.A. 89-4, eff. 1-1-96.)
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(105 ILCS 5/30-16.1) (from Ch. 122, par. 30-16.1)
Sec. 30-16.1.
Purpose.
The General Assembly has found and hereby declares that it is essential
for the national defense and for the defense of the State of Illinois that
among those residents of this State receiving higher education, provisions
should be made for Reserve Officer's Training Corps training, in order
to provide officers for the several Armed Forces
of the United
States of America and to that end, that scholarships should be furnished to
eligible residents, in order to encourage their participation in the
Reserve Officer's Training Corps programs.
(Source: P.A. 79-768.)
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(105 ILCS 5/30-16.2) (from Ch. 122, par. 30-16.2)
Sec. 30-16.2.
Eligible recipients.
Those residents of the State of
Illinois whose scholastic standing will enable them to enroll in the
Reserve Officer's Training Corps programs of the several Armed Forces
available at universities supported by the State of Illinois, are
considered as eligible recipients for scholarships set forth in
Section 30-16.3.
(Source: P.A. 79-768.)
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(105 ILCS 5/30-16.3) (from Ch. 122, par. 30-16.3)
Sec. 30-16.3.
Availability of Scholarships.
Scholarships shall be awarded on the following basis:
(a) One scholastic scholarship to an eligible recipient from each private
junior
college and public community college which has a total enrollment of
less than 500 students.
(b) Two scholarships to eligible recipients from each private junior
college and public community college
which has an enrollment of 500 or more, but less than 1,000, students.
(c) Three scholarships to eligible recipients from private junior
colleges and public community colleges
having an enrollment of 1,000, or more, students.
(d) The equivalent of 10 scholarships per class, per branch of
service, each academic
year, to eligible recipients.
(Source: P.A. 91-503, eff. 8-13-99.)
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(105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
Sec. 30-16.4.
Privileges Conferred.
The scholarships issued under Sections 30-16.1 through 30-16.6,
inclusive, of this Article, may be used at those State supported
universities where there are provided Reserve Officer's Training
Corps programs of the several Armed Services over a period during which
the eligible recipient is
eligible for enrollment in the program. The scholarships exempt the holder
from the payment of tuition, or any matriculation, graduation, activity,
term or incidental fee, except any portion of a multi-purpose fee which is
used for a purpose for which exemption is not granted under this Section.
Exemption may not be granted for any other fees including book rental,
service, laboratory, supply, Union Building, hospital and medical insurance
fees and any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of interest and
principal, or bonds issued by the governing board of the universities.
Any student who has been or is awarded a scholarship shall be reimbursed
by the appropriate university for any fees which he has paid and for which
exemption is granted under this Section, if application for such
reimbursement is made within 2 months following the school term for which
the fees were paid.
The holder of a scholarship is subject to all examinations, rules and
requirements of the university in which he is enrolled, except as herein
directed.
The provisions of Sections 30-16.1 through 30-16.6 of this Act do not
prohibit the Board of Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, and the Board of Trustees of Western Illinois University
from granting other scholarships.
(Source: P.A. 89-4, eff. 1-1-96.)
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(105 ILCS 5/30-16.5) (from Ch. 122, par. 30-16.5)
Sec. 30-16.5.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is requesting a
scholarship issued under the provisions of Section 30-16.3 of this Act
who satisfies the President of the University, or someone designated
by him, that he requires leave of absence while in attendance, or on
account of illness, or military service, may be granted such leave and
allowed a period of not to exceed 6 years, in which to complete his course
at the university. Time spent in the armed services is not a part of the 6
years.
(Source: P.A. 79-768.)
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(105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
Sec. 30-16.6.
Registration of eligible recipients; examination.
The president or chairman of the board of each private junior college or
public community college, and the
President of each University in which a Reserve Officer's Training Corps
program is available, or some individual or committee designated by such
person,
shall receive and register the names of all eligible recipients applying
for the scholarships set forth in Section 30-16.3. Applicants shall take
an examination each year according to the rules prescribed jointly by the
President of the University of Illinois, the President of Southern Illinois
University, the President of Chicago State University, the President of
Eastern Illinois University, the President of Governors State University, the
President of Illinois State University, the President of Northeastern Illinois
University, the President of Northern Illinois University, and the President of
Western Illinois University. The
scholarships shall be awarded on a merit basis to those eligible recipients
receiving the highest grades with evidence of leadership ability, and the
number of scholarships to be awarded in any institution shall be as set
forth in Section 30-16.3.
(Source: P.A. 89-4, eff. 1-1-96.)
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(105 ILCS 5/30-17) (from Ch. 122, par. 30-17)
Sec. 30-17.
Revocation of Scholarship Because of Misconduct.
If the holder of any scholarship funded in whole or in part by this
State, whether granted by the State Scholarship Commission, granted
pursuant to any of Sections 30-1 through 30-16.6 or otherwise granted by
any State supported college or university and whether used at a
State-supported institution of higher learning or at a private institution,
participates in any disorderly disturbance or course of conduct directed
against the administration or policies of such an institution using means
which are not protected by the constitution of this State or of the United
States, his scholarship is thereupon revoked and no further payments under
that scholarship may be made to him or on his behalf, notwithstanding any
other provision to the contrary.
The initial determination as to whether the means employed in a course
of conduct are not protected by the Constitution of this State or of the
United States shall be made by the chief executive officer of the
institution at which the scholarship recipient is enrolled. No revocation
shall take place until the recipient of the scholarship to be revoked is
afforded the opportunity to present evidence against revocation to the
chief executive officer or his representatives, either in person, in
writing, or by counsel of his choice.
(Source: P.A. 76-1580.)
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(105 ILCS 5/30-17.1) (from Ch. 122, par. 30-17.1)
Sec. 30-17.1.
Scholarships-Draft Registration.
Each applicant for any
student financial aid funded in whole or in part by this State, whether
granted by the Illinois Student Assistance Commission, granted pursuant to
any of Sections 30-1 through 30-16.6 or otherwise granted by any State
supported college or university, and whether to be used at a State
supported institution of higher learning or at a private institution, shall
submit to the institution he or she is attending Selective Service
registration compliance documentation as required by Part 668 of Title 34
of the Code of Federal Regulations. If an applicant for or holder of any
such student financial aid fails to submit documentation in the manner and
within the time allowed, any pending application of such person for the
award, grant, or renewal of any such student financial aid shall be denied,
and any such student financial aid currently held by such person shall be
revoked to the extent that no further payments under that student financial
aid may be made. Procedures for notification and administrative review
shall be consistent with Part 668 of Title 34 of the Code of Federal Regulations.
(Source: P.A. 86-169.)
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(105 ILCS 5/Art. 31 heading) ARTICLE 31.
FRATERNITIES--SORORITIES
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(105 ILCS 5/31-1) (from Ch. 122, par. 31-1)
Sec. 31-1.
Definition.
A public school fraternity, sorority or secret society, in this Article
means any organization, composed wholly or in part of public school pupils,
which seeks to perpetuate itself by taking in additional members from the
pupils enrolled in such school on the basis of the decision of its
membership rather than upon the free choice of any pupil in the school who
is qualified by the rules of the school to fill the special aims of the
organization.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/31-2) (from Ch. 122, par. 31-2)
Sec. 31-2.
Inimical to public good.
Any public school fraternity, sorority or secret society is inimical to
the public good.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/31-3) (from Ch. 122, par. 31-3)
Sec. 31-3.
Suspension or expulsion of members, pledges and solicitors.
The governing body of any public school shall suspend or expel any pupil
who is a member of or joins or promises to join, or who becomes pledged to
become a member of, or who solicits any other person to join, promise to
join or be pledged to become a member of any public school fraternity,
sorority or secret society.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/31-4) (from Ch. 122, par. 31-4)
Sec. 31-4.
Solicitation unlawful-Penalty.
It is unlawful for any person not enrolled in any public school of this
State to solicit any pupil enrolled therein to join or pledge himself or
herself to become a member of any public school fraternity, sorority or
secret society or to solicit any such pupil to attend a meeting thereof or
any meeting where the joining of any such fraternity, sorority or secret
society is encouraged. Whoever violates this section shall be guilty of a
petty offense and fined not less than $25 nor more than $100.
(Source: P.A. 77-2267.)
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(105 ILCS 5/31-5) (from Ch. 122, par. 31-5)
Sec. 31-5.
Not
applicable to universities.
The provisions of this Article do not apply to fraternities, sororities
or secret societies in any State University nor to students thereof in
their relations to such organizations in these institutions.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/Art. 32 heading) ARTICLE 32.
SPECIAL CHARTER DISTRICTS
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(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
Sec. 32-1. May vote to organize under general law.
(a) Any special charter district may, by vote of its electors, cease to
control its school under the Act under which it was organized, and become part
of the school township or townships in which it is situated. Upon petition of
50 voters of the district, presented to the board having the control and
management of the schools, the board shall order submitted to the voters at an
election to be held in the district, in accordance with the general election
law, the question of "organizing under the general school law".
The secretary of the board shall make certification to the proper election
authority in accordance with the general election law. If, however, a
majority of the votes cast at any such election in any school district subject
to Sections 32-3 through 32-4.11 is against organizing the district under
the general school law, the question may not again be submitted in the district
for 22 months thereafter, and then only upon petition signed by at least 2% of
the voters of the school district. Notice shall be given in accordance with
the general election law, which notice shall be in the following form:
NOTICE OF REFERENDUM
Notice is hereby given that on (insert date), a referendum will be held at.... for the purpose of deciding the
question of organizing under the general school law. The polls will be opened
at .... o'clock ..m and closed at .... o'clock ..m.
Signed .....
If a majority of the votes cast on the proposition is in favor of organizing
under the general school law, then the board having the control and management
of schools in the district, shall declare the proposition carried.
When such a proposition is declared to have so carried, the board of
education shall continue to exercise its powers and duties under the general
school law. Each member of the board of education selected under the provisions
of the special charter shall continue in office until his term has expired.
Before the term of each of these members expires, the board shall give notice
of an election to be held on the date of the next regular school election, in
accordance with the general election law to fill the vacancy which is created.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located 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 nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
(b) Notwithstanding the foregoing, any special charter district whose board
is appointed by the mayor or other corporate authority of that municipality
may, by resolution adopted by the corporate authorities of that municipality
cease to control its school under the Act under which it was organized,
become a part of the school township or townships in which it is situated
and become organized under the general school law. If such a resolution
is adopted, the board of education shall continue to exercise its powers
and duties under the general school law. Each member of the board of education
selected under the provisions of the special charter shall continue in office
until his term has expired. Before the term of each of these members expires,
the board shall give notice of an election to be held on the date of the
next regular school election, in accordance with the general election law
to fill the vacancy which is created.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
Sec. 32-1.1.
Election and powers of board - No provision in special act.
In all special charter districts maintaining schools under any general school
laws, where there is no provision in the special Acts creating such districts
for the election of boards of education as otherwise provided, there shall
be elected, in lieu of the school directors as now provided, a board of
education, to consist of 7 members to be elected at the time and in the
manner as provided by the general election law for the
election and qualification of boards of education in other cases. In any
district having a population of more than 100,000 but less than
2,000,000
such board may be increased in size to 11 members upon adoption by a majority
of electors residing in the district and voting on the question in a referendum
as provided in this Section. Such question shall be submitted to the electors
at an election upon a resolution adopted by the Board. Members
shall be elected biennially in the school district, whose term of office
shall be 4 years,
and there shall also be elected in each odd-numbered year
a president of the board. Following the first such election, those members
elected, other than the president, shall, by lot, determine 3 to serve 2
years and 3 to serve 4 years; thereafter, all terms shall be 4 years. In
other cases, however, if 4 members, other than the president, are elected
in 1983, then those elected shall, by lot, determine one to serve for 2
years and 3 to serve 4 years; thereafter all terms shall be 4 years. In
neither case shall such determinations affect the biennial selection of
the president. At the first regular school election after
the adoption by the district electors of a question as provided in this
Section increasing the size of the board in those districts entitled to
exercise an option for and elect an 11 member board, 4 additional members
shall be elected and shall determine by lot 2 to serve for 2
years and 2 for 4 years.
Their successors shall serve for a 4 year term. In case of
an 11 member board already in existence, if 7 members, other than the
president,
are elected in 1983 then those members elected shall, by lot determine one
to serve 2 years and 6 to serve 4 years. Terms thereafter shall be 4 years.
The board of education shall have all the powers and duties of trustees
of schools in school townships and the powers and duties of boards of education
in districts having a population of not fewer than 1,000 and not more than
500,000 as provided by this Act.
The day upon which the election provided for in this section is to be held
is subject to the provisions of the general election law.
(Source: P.A. 86-225.)
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(105 ILCS 5/32-1.2) (from Ch. 122, par. 32-1.2)
Sec. 32-1.2.
Powers of election boards.
A school board of any special charter district that is elected by the
voters shall have the powers and duties of school trustees.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-1.3) (from Ch. 122, par. 32-1.3)
Sec. 32-1.3.
Determination to elect-Election-Powers.
Any special charter district having a population of not less than 1,000
and not over 20,000, may, by vote of its electors, determine to elect,
instead of the directors or other governing or managing board now provided
for by the special Act under which it was organized, a board of education
which shall be elected at the time and in the manner and have the powers
conferred upon boards of education of districts under this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
Sec. 32-1.4.
Petition - referendum - election of board.
Upon petition
of 50 voters of any district as defined in Section 32-1.3 presented to the
board having the control and management of schools, the board shall, at
the next regularly scheduled election held in such district cause to be
submitted to the voters thereof, in accordance with the general election
law, the proposition of "electing a board of education having the powers
conferred upon such boards in districts organized under The School Code".
The board shall publish notice of such election, in the manner provided by the
general
election law, which notice may be in the following form:
Public notice is hereby given that on (insert date), a referendum will be
held at ...., between the hours of ...
..m. and ... ..m. of said day for the purpose of deciding the
question of "electing a board of education having the powers conferred upon
such boards in districts organized under the School Code".
If a majority of the votes cast is in favor of the proposition, then at
the time of the next regular election for boards of education, there shall
be elected a board of education for the district.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/32-1.5) (from Ch. 122, par. 32-1.5)
Sec. 32-1.5.
Election of board of education.
Any special charter district
may, by vote of its electors, determine to elect, instead of the managing
board provided for by its special charter, a board of education which shall
be elected at the time and in the manner as boards of education under Article
10 of this Act; but such determination shall not affect any other powers
or duties conferred or imposed by the special charter.
Upon petition of 10% or 200 of the voters, whichever is less, of any such
district requesting a referendum therefor, presented to the managing board
thereof, the board shall, or upon its own initiative if no such petition
has been presented the board may order submitted to the voters at the next
regular election, in accordance with the general election law, a proposition
to elect a board of education of 3 or 5 or 7 members, as the case may be.
The proposition shall be substantially as follows:
Shall school district.... be governed by a board of education of.... members YES to be elected at the time and in the manner as boards of education under Article 10 NO of the School Code?
If more than one proposition is properly presented to the board, the one
first presented shall be submitted to the electors.
If such proposition receives a majority of all valid votes cast thereon,
the change in membership shall
be effectuated at the next succeeding regular school election. In the conduct
of such election, the managing board shall take such measures as may be
necessary to arrange for the election of a board of 3, 5, or 7 members,
as the case may be. The new board shall be organized as provided in Article
10 of this Act, except that, if only 5 members are
to be elected, 2 (instead of 3) shall be selected by lot for a
2 year term, and if only 3 members are to be elected, then one
shall be selected by lot for a 2 year term. In case of a 5 member board already
established, if 4 are elected in 1983, then those elected shall by lot
determine 2 to serve 2 years and 2 to serve 4 years. All successors, except
to fill vacancies, shall be elected for terms of 4 years.
In the case of a 5 member board already established, on which the members
serve 5 year terms, the member elected in 1981 shall serve a 6 year term.
The 2 members elected in 1983 shall serve 6 year terms. The 2 members elected
in 1985 shall also serve 6 year terms. All successors, except to fill vacancies,
shall be elected for terms of 6 years.
As soon as the first new board is organized, the terms of all members of
the predecessor board shall terminate.
In any such school district which determines to elect a new board of education
as hereinabove authorized, the number of members on the board may thereafter
be changed by following the procedure hereinabove set forth.
At least 22 months must elapse after the date of an election
under this section before any of the above propositions may be again submitted
to the electors.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-1.6) (from Ch. 122, par. 32-1.6)
Sec. 32-1.6.
School board districts.
Section 9-22 applies to all special charter districts as well as those
organized under the general school law.
(Source: P.A. 78-536.)
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(105 ILCS 5/32-2.1) (from Ch. 122, par. 32-2.1)
Sec. 32-2.1.
Boards to which preceding section applicable.
The provisions of Section 32-2 shall apply to the board of school
inspectors of the City of Peoria and to all other boards of directors,
boards of education, and boards of school inspectors existing under any
special school charter heretofore granted by the State.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
Sec. 32-2.5. Election of board of education in lieu of appointive board. In all special charter districts having a population of over 35,000 by the
last federal census, where the board of directors or board of education
is elected or appointed by the city council of the city, of which school
district such city may form the whole or a part, and where there are no
provisions in the special charter creating such school district for the
election of a board of directors or board of education, there shall be elected
in lieu of the present governing body a board of education to consist of
7 members. Nomination of a candidate for member of the board of education
shall be made by petitions signed in the aggregate by not less than 200
qualified voters residing in the school district, and also by filing with
the petitions a statement of candidacy as provided in the general election
law, which petitions and statements
of candidacy shall be filed in the office of the board of education in
accordance with the general election law.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located 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 nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
The county clerk or the county board of election commissioners shall make certification to the proper election
authority in accordance with the general election law.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/32-2.6) (from Ch. 122, par. 32-2.6)
Sec. 32-2.6.
Election - vacancies - names on ballots.
All elections in school districts described in Section 32-2.5 shall
be conducted in accordance with the provisions of the general election law.
If any member of the board of
education is disqualified to hold office, the board of education may, by
resolution, declare the office vacant, and provide for an appointment
to fill the vacancy until the next election
for members of the board of education. The nomination and
election of a candidate thereupon to fill the vacancy shall be made in the same
manner as the nomination of a candidate for a regular term, as
hereinbefore provided, except that there shall be printed on the ballot
that the election is for a certain number of persons for a certain
number of years to fill a vacancy. The names of all candidates for member of such board
of education shall be printed on the ballot in alphabetical order
according to their surnames.
(Source: P.A. 80-1469.)
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(105 ILCS 5/32-2.10) (from Ch. 122, par. 32-2.10)
Sec. 32-2.10.
Application of law.
In all special charter districts of this State having a population of not
more than 50,000 lying wholly or in part within any city, village, or incorporated
town, the school directors or members of the board of education,
as provided in the special charter, shall be elected at elections held as
provided by the general election law, and all
propositions pertaining to said school districts required to be submitted
to the voters thereof shall be voted upon at elections held as provided
in the general election law.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-2.11) (from Ch. 122, par. 32-2.11)
Sec. 32-2.11.
Election of board members.
In every city whose schools have
been operating under special Acts and are governed by a board of school
inspectors where such city, together with territory added thereto for school
purposes, includes 2 districts for the purpose of electing 6 inspectors
(3 in each district) and 1 district for all other school purposes, there
shall continue to be elected a board of school inspectors, consisting of
6 members (3 in each district) and 1 inspector at large who shall be chosen
for a term of 4 years. If 4 inspectors, excluding the inspector
at large, are elected in 1983, those selected shall by lot determine one
inspector to serve for 2 years and 3 for 4 years. Thereafter all terms
shall be for 4 years.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
Sec. 32-2.12.
Time for election of board members.
In all special charter districts, the regular election of members
of such boards shall hereafter be held on the date set for
school elections
as provided in the general election law in
odd numbered years.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-2.13) (from Ch. 122, par. 32-2.13)
Sec. 32-2.13.
No annexation accomplished pursuant to Section 7-2.1 shall
affect the method of selection of the board of the special charter district
as otherwise provided by law excepting in those instances where the special
charter has an appointive school board appointed solely within the
boundaries of a municipality within such special charter school district;
in those instances where there are voters living within the school
district, but outside the municipality, the county superintendent of
schools having supervision over the greatest portion of the territory of
the special charter district shall appoint one additional member to the
board of education of the special charter district effective with the date
and for the term for which other appointments to the special charter board
are effective; provided, further, that during any period the number of
voters living within such school district but outside the municipality
exceeds a quotient determined by dividing the total number of voters living
in the municipality by the number of school board members appointed within
said municipality, the county superintendent shall appoint one additional
school board member for each time such quotient is equaled.
(Source: P.A. 82-783.)
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(105 ILCS 5/32-3) (from Ch. 122, par. 32-3)
Sec. 32-3.
Law
governing appointment.
Where, by the provisions of any general or special law, the members of
the city council of any city have been made ex-officio school directors or
members of the board of education for the school district of which the city
constitutes the whole or a part, the school directors or members of the
board of education shall be appointed as provided in Section 32-3.1.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.1) (from Ch. 122, par. 32-3.1)
Sec. 32-3.1.
Nomination by mayor-President of board.
The mayor of any city described in Section 32-3, at the first regular
meeting of the city council, after each annual municipal election and after
his installation into office, shall nominate and place before the council
for confirmation as school directors or members of the board of education,
as the case may be, 1 person from each ward of the city to serve for 2
years and 1 person from the city at large to serve for 1 year. If the
persons so appointed are confirmed by a majority vote of the city council,
to be entered of record, such persons shall constitute the board of
education or school directors for the district. The person appointed from
the city at large for 1 year shall be president of the board of education
or school directors but shall have no vote except in case of a tie.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.2) (from Ch. 122, par. 32-3.2)
Sec. 32-3.2.
City of 45,000-Number of members-Nomination-Vacancy.
In any city, however, having a population of 45,000 or more,
constituting a school district to which Sections 32-3 to 32-4.11,
inclusive, are applicable, the board of education shall consist of 11
persons who shall be nominated by the mayor from the city at large and
confirmed by a majority vote of the city council, 1 of which persons shall
be designated by the mayor as the president of the board of education. The
president shall have no vote except in case of a tie. 5 Members of the
board of education and such person as may be designated as the president
thereof shall be nominated by the mayor and placed before the city council
for confirmation at the first regular meeting of the city council after the
mayor's installation into office, and upon confirmation by the council
shall hold their offices for 2 years and until their successor shall be
chosen as herein provided. The remaining 5 members of the board of
education shall be nominated by the mayor and placed before the city
council for confirmation at the first regular meeting of the city council
next after 1 year from the date of the mayor's installation into office,
and upon confirmation by the council shall hold their offices for 2 years
and until their successors shall be chosen as herein provided. If a vacancy
occurs in the board of education, the mayor shall nominate and place before
the city council for confirmation at a regular meeting thereof some person
to fill the vacancy, and upon confirmation by the city council, the person
so nominated shall hold the office during the remainder of the term for
which his predecessor was appointed.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.3) (from Ch. 122, par. 32-3.3)
Sec. 32-3.3.
Organization and powers of board.
The board members appointed under Section 32-3.1 to 32-3.2 shall, as
soon as practicable after their appointment, organize by electing 1 of
their number secretary, who shall hold his office for 1 year.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.5)
Sec. 32-3.5. Student board member. The governing board of a special charter district may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.) |
(105 ILCS 5/32-4) (from Ch. 122, par. 32-4)
Sec. 32-4.
Powers of board.
The board of inspectors referred to in Section 32-2.11 may, in addition
to the powers conferred upon it by special law and the applicable
provisions of this Act, employ teachers, janitors and such other employees
as it deems necessary and fix the amount of their compensation; buy or
lease sites for schoolhouses, with the necessary grounds; build, erect,
lease or purchase buildings suitable for school purposes; repair and
improve buildings and furnish them with the necessary supplies, fixtures,
apparatus, libraries and fuel; and may lease school property, when not
needed for school purposes, for a term of not longer than 99 years from the
date of the granting of the lease. All such leases shall provide for
revaluation privileges at least once in every 20 years.
In case the school board and the lessee cannot agree on revaluation and
a new rent, the same shall be determined in the following manner: 3 arbitrators
shall be appointed, 1 by the school board, 1 by the
lessee, and 1 by the arbitrators appointed by the school board and the
lessee. The 3 arbitrators, or a majority of them, shall fix and determine
the revaluation and the new rent and their decision or a decision of a
majority of them shall be final.
When, in the opinion of the school board,
a school site, building, or site with building thereon, or any other real
estate of the district, has become unnecessary or unsuitable or
inconvenient for a school, or unnecessary for the uses of the district and
the school board decides to sell the same,
unless the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency, the
school board shall give notice of the sale
stating the time and place the sale is to be held, the terms of the sale
and a description of the property to be sold. The notice shall be published
in a newspaper of general circulation published in the district, or if
none, in the county in which the district is situated, such notice to be
published once each week for 3 successive weeks, and the first publication
to be at least 30 days prior to the day the sale is to be held. Unless the
school board holds legal title to the property, the school
board shall notify the trustees of schools of the terms upon which the school
board
desires the property to be conveyed. The school board or trustees of
schools holding legal title to the property shall convey the property in
accordance with the terms fixed by the school board.
The deed of
conveyance shall be executed
by the president and secretary or clerk of the school board or trustees of
the school holding legal title to the property and the proceeds if any shall be
paid
to the school treasurer for the benefit of the district.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the
initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
(Source: P.A. 92-365, eff. 8-15-01.)
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(105 ILCS 5/32-4.1) (from Ch. 122, par. 32-4.1)
Sec. 32-4.1.
Annual tax levy - Township treasurer custodian.
The board of school inspectors of districts described in Section 32-2.11
may levy a tax, annually, upon all of the taxable property of the
district, in the manner provided by Sections 17-2 through 17-9, and in
accordance with the powers conferred by Section 32-4. All moneys raised by
taxation for school purposes, or received from the common school fund or
any other source, or held or collected for school purposes, shall be paid
to and held by the school treasurer as a special fund for school purposes,
subject to the order of the board of school inspectors upon warrants signed
by the president and secretary thereof or a majority of the board.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.2) (from Ch. 122, par. 32-4.2)
Sec. 32-4.2.
Leasehold revenue bonds.
The board of inspectors of districts described in Section 32-2.11 in
addition to all other powers conferred upon it by special law and the
applicable provisions of this Act, may borrow money for the purpose of
building schoolhouses, or repairing, altering or building additions to any
schoolhouses already erected, or purchasing schoolhouse sites, or
purchasing land outside the school district pursuant to the provisions of
Section 22-16 and as evidence of the indebtedness may issue revenue bonds
in denominations of not less than $100 nor more than $1,000 payable solely
from rentals or other revenue to be derived from any lease of school
property made by said board of inspectors in accordance with the power
conferred by Section 32-4. Said bonds shall be negotiable instruments and
shall bear interest at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable
semi-annually, and shall mature at or prior to the expiration of the term
of said lease, provided that in any event all such bonds shall mature
within 40 years from the date of said bonds. Said bonds shall not
constitute a general obligation of the school district and may be issued in
addition to all other bonds which the school district is now or hereafter
may be authorized to issue. Said bonds shall not constitute an indebtedness
of the school district within the meaning of any constitutional or
statutory limitation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/32-4.3) (from Ch. 122, par. 32-4.3)
Sec. 32-4.3.
Resolution.
Said bonds shall be sold in such manner and upon such terms not
inconsistent with the provisions hereof as the board of inspectors shall
determine by resolution authorizing the issuance of said bonds. The
resolution may contain such covenants and restrictions upon the issuance of
additional revenue bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of all revenue bonds previously issued and
secured by the rentals and other revenue from any lease upon the same
school property. The resolution shall pledge the rentals and other revenue
from said school property for the purpose of paying the cost of operation
and maintenance of said school property, providing an adequate depreciation
fund, and paying the principal of and interest on bonds issued pursuant
thereto and shall provide for the deposit of all rentals and other revenue,
as received, in a special fund to be used only for the purpose of paying
the cost of operating and maintaining said school property, providing an
adequate depreciation fund, and paying the principal of and interest on
said bonds.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.4) (from Ch. 122, par. 32-4.4)
Sec. 32-4.4.
Publication - Referendum on petition.
Within 10 days after
this resolution has been adopted by the board of inspectors it shall be
published at least once in 1 or more newspapers published in the school
district, or if no newspaper is published in such school district, then in
1 or more newspapers with a general circulation therein. The publication of
the resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the resolution be submitted to the electors of the school district; (2) the
time in which such petition must be filed; and (3) the date of the
prospective referendum. The secretary of the Board of inspectors shall
provide a petition form to any individual requesting one. If no petition is
filed with the secretary of the board of inspectors as hereinafter provided
in this Section within 30 days after the publication of the resolution, or
if any and all petition filed are invalid, the resolution shall be in
effect immediately upon the expiration of that 30 day period. But if within
that 30 day period a petition is filed with the secretary, signed by voters
residing within the school district equal to 10% or more of the number of
registered voters in the district, asking that the question of issuing
revenue bonds as provided in said resolution be submitted to the voters of
the school district, the board of inspectors of the school district shall
certify the proposition of issuing revenue bonds as described in said
resolution to the proper election authorities for submission to the
electors in accordance with the general election law. If a majority of the
voters voting upon the question voted in favor of the issuance of said
revenue bonds, then the resolution shall be in effect, but if a majority of
the voters voting upon the question are not in favor thereof, the
resolution shall not take effect.
(Source: P.A. 87-767.)
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(105 ILCS 5/32-4.5) (from Ch. 122, par. 32-4.5)
Sec. 32-4.5.
Signing, attestation, numbering and registration.
All bonds issued pursuant to the authority of sections 32-4.2 to 32-4.5,
inclusive, shall be signed, attested, countersigned, numbered, and
registered and disposition thereof made pursuant to the provisions of
section 32-5.9.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
Sec. 32-4.6. Title, care and custody of property; supervision and control. The title, care and custody of all schoolhouses and school sites
belonging to districts that are described in Section 32-2.11 and that are
not districts whose school boards under subsection (a) of Section 10-22.35B of this Code are to
hold legal title to school buildings and school sites of the district shall
be vested in the
trustees of schools of the townships in which the districts are situated, but the supervision
and control of such schoolhouses and sites shall be vested in the board of
inspectors of the districts.
In all other cases, the legal title, care, custody and control of school
houses and school sites belonging to districts that are described in Section
32-2.11, together with the supervision and control of those school houses and
sites, shall be vested in the board of inspectors of the districts.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/32-4.7) (from Ch. 122, par. 32-4.7)
Sec. 32-4.7.
Change of boundaries.
The trustees of schools of townships in which districts described in
Section 32-2.11 are situated may change the boundaries of such school
districts when petitioned as provided by this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.8) (from Ch. 122, par. 32-4.8)
Sec. 32-4.8.
Powers of boards - Bond of treasurer.
The board of education of a school district described in Section 32-2.5
shall have all the powers of trustees of schools in school townships and
all the powers of boards of directors, and boards of education elected by
virtue of this Act, and shall also have power to elect and appoint a
secretary for such board, who shall attend all its meetings and keep an
accurate record of all proceedings of the board and shall also have power
to appoint a treasurer for the district whose term of office, duties and
obligations shall be the same as a treasurer appointed by the trustees of
schools, except that the treasurer appointed under this section shall not
be obliged to keep a record of the proceedings of the board. The treasurer
shall, before entering upon his duties, execute a bond in such amount and
with such sureties to be approved by the board of education, and containing
such provisions, as provided in Section 8-2 for the bonds of treasurers
appointed by trustees of schools; provided, however, the board of education
of a school district described in Section 32-2.5 shall not be required to
submit to the voters the propositions of selecting school sites, purchasing
school sites and building school buildings, as provided by any other
section of this Act, but shall have power in its discretion to select and
purchase school sites and build, repair, alter and build additions to any
school buildings which is deemed necessary and in the interests of the
district, and the power to issue bonds and the procedure to be followed in
the issuance of bonds shall be governed by the provisions of Sections 32-5.6 to
32-5.9 inclusive.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.9) (from Ch. 122, par. 32-4.9)
Sec. 32-4.9.
Powers and duties of board members.
All rights, powers and duties heretofore exercised by and devolved upon
the members of the city council, as ex-officio member of the board of
education, or school directors, shall devolve upon and be exercised by the
members of the board of education and school directors appointed under the
provisions of this Article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.10) (from Ch. 122, par. 32-4.10)
Sec. 32-4.10.
Amount to be raised-Tax levy.
In all school districts to which Sections 32-3 to 32-4.11, inclusive,
apply the school boards shall annually, before August 1, certify to the
city council under the signatures of the president
and secretary of
the board, the amount of money required to be raised by taxation for school
purposes in the district for the ensuing year, and the city council shall
thereupon cause the amount to be levied and collected in the manner now
provided by law for the levy and collection of taxes for school purposes in
the district, but the amount to be so levied and collected shall not exceed
the amount now allowed to be collected for school purposes by this Act.
When such taxes have been collected and paid over to the treasurer of the
city or school district, as may be provided by the terms of the Act under
which the district has been organized, such funds shall be paid out only on
the order of the board of education or school directors, signed by the
president and secretary.
(Source: P.A. 84-550.)
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(105 ILCS 5/32-4.10a)
Sec. 32-4.10a. (Repealed).
(Source: P.A. 77-4. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/32-4.11) (from Ch. 122, par. 32-4.11)
Sec. 32-4.11.
Tax
anticipation warrants.
Whenever there is no money in the hands of the treasurer of any school
district to which Sections 32-2 to 32-4.11, inclusive,
shall apply, to defray the necessary expenses of such district, including
amounts necessary to pay maturing principal and interest of bonds, it is lawful
for the school board of
the district to draw and issue warrants against and
in
anticipation of any taxes already levied for the payment of the necessary
expenses of the district, either for transportation, educational or for
all operations, building and maintenance purposes, or for payments to
the Illinois Municipal Retirement Fund, or for the payment of maturing principal
and interest of bonds, as the case may be, to the extent
of 85% of the total amount
of any such taxes levied. The warrants shall show upon their face that they
are payable solely from said taxes when collected, and shall be received by
any collector of taxes in payment of the taxes against which they are
issued. The taxes against which the warrants are drawn shall be set apart
and held for their payment. Every warrant shall bear interest, payable only
out of the taxes against which it shall be drawn, at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued before
January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued after January 1, 1972, from
the date of its issuance until
paid, or until notice is given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid upon
presentation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/32-4.12) (from Ch. 122, par. 32-4.12)
Sec. 32-4.12.
Sale of real estate-Use of proceeds.
The board of education of any special charter district may sell and
dispose of any real estate conveyed to it by any city for school purposes
and use the proceeds derived from the sale thereof for school building
purposes or for the purchase of other real estate for such purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.13) (from Ch. 122, par. 32-4.13)
Sec. 32-4.13.
Eminent domain.
Whenever any school district existing by virtue of any special charter
and governed by any or all such special charter or special school laws of
this State, and having a population of fewer than 500,000 inhabitants,
requires any lot or parcel of land situated within the district for a site
for a school building or for an addition to any school building already
erected and used for school purposes, or requires any lot or parcel of land
situated within such school district for the purpose of a playground for
school children, and the compensation for such lot or parcel of land cannot
be agreed upon between the owner or owners of such lot or parcel of land
and the corporate authority managing and controlling the public schools of
such district it is lawful for the corporate authority of the district to
acquire such lot or parcel of land and have the compensation to be paid
therefor determined in the manner provided by law for the exercise of the
right of eminent domain.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.14) (from Ch. 122, par. 32-4.14)
Sec. 32-4.14.
Issuance of orders.
The corporate authorities of any special charter district having a
population of less than 500,000 may issue and deliver at least once each
month to the teachers and employees of the district orders on the treasurer
of the district in payment of their salaries. Such orders shall state the
rate of compensation and time for which the teacher or employee is paid and
an order so issued, properly endorsed and paid in full shall be sufficient
receipt for the purpose of this and the succeeding section. The corporate
authorities shall issue no order except an order for the payment of wages
of teachers and employees unless at the time of its issuance there are
sufficient funds in the hands of the treasurer to pay it.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.15) (from Ch. 122, par. 32-4.15)
Sec. 32-4.15.
Form of orders.
Every order issued by the corporate authorities of a district as
described in Section 32-4.14 shall state for what purpose and on what
account it is issued, and shall be in the following form:
STATE OF ILLINOIS
$....... No. ....
To the Treasurer of .... School District, .... County, Illinois.
Pay to the order of .... the sum of .... Dollars ($....)
for .....
By order of the Board of Education (or Board of School Inspectors) of
.... School District, .... County, Illinois.
....(President)
....(Clerk)
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.16) (from Ch. 122, par. 32-4.16)
Sec. 32-4.16.
Cities, villages and towns-Levy made by board of education.
Where a school district was organized as a special charter district of a
city, village, or town, and where such district has an elective board of
education of either 5 or 7 members, and of which board the mayor of the
city, village or town is not ex officio a member, it is not necessary for
such board of education to present an annual financial report to the city,
village or town council, or board of trustees, nor a statement as to the
amount of money necessary to be raised by taxation for school purposes for
the ensuing school year and the council or board of trustees, as the case
may be, shall not make the levy for school purposes but the board of
education shall make the levy for school purposes for such district.
The certificate of such levy shall be made at the time and, as near as
may be, in the form and manner provided in Section 17-11.
(Source: P.A. 77-490.)
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(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
Sec. 32-5. Bond issues - district boundaries coextensive with city. For the purpose of building or repairing schoolhouses or purchasing
or improving school sites, including the purchase of school sites
outside the boundaries of the school district and building school
buildings thereon as provided by Section 10-20.10 of this Act, any
special charter district governed by a special charter, and special or
general school laws, whose boundaries are coextensive with or greater
than the boundaries of any incorporated city, town or village, where
authorized by a majority of all the votes cast on the proposition may
borrow money and as evidence
of the indebtedness, may
issue bonds in denominations of not less than $100 nor more than $1,000,
for a term not to exceed 20 years bearing interest at a rate not to
exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, payable annually,
semi-annually, or quarterly,
signed by the president and secretary of the school board of the
district; provided, that the amount borrowed shall not exceed, including
existing indebtedness, 5% of the taxable property of such school
district, as ascertained by the last assessment for State and county
taxes previous to incurring such indebtedness.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 99-642, eff. 7-28-16.)
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(105 ILCS 5/32-5.1) (from Ch. 122, par. 32-5.1)
Sec. 32-5.1.
Registration, numbering and countersigning.
All bonds authorized by Section 32-5, before being issued, negotiated
and sold, shall be registered, numbered and countersigned by the treasurer
of the school district. The registration shall be made in a book in which
shall be entered the record of the election authorizing the school district
to issue bonds, and a description of the bonds issued, including the
number, date, amount, rate of interest and when payable.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
Sec. 32-5.2.
Moneys paid into treasury - Delivery of bonds - Records.
All moneys borrowed by virtue of Section 32-5 shall be paid into the
treasury of the school district. Upon receiving the moneys, the treasurer
shall deliver the bonds issued therefor to the persons entitled to receive
them, and shall credit the amount received to the district. The treasurer
shall record the amount received for each bond issued, and when any bond is
paid the treasurer shall cancel it and enter in the register opposite the
record of the bond the words "paid and cancelled" and
the date of the payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/32-5.3) (from Ch. 122, par. 32-5.3)
Sec. 32-5.3.
Election - Notice - Judges.
Whenever it is desired to hold a referendum for the purpose of
borrowing money as provided by Section 32-5, the school board of the
district in which the proposition is to be held shall
adopt a resolution ordering the referendum and shall certify the proposition
to the proper election authorities who shall submit the proposition at a
regular scheduled election in accordance with the general election law.
(Source: P.A. 81-1489.)
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(105 ILCS 5/32-5.5) (from Ch. 122, par. 32-5.5)
Sec. 32-5.5.
Issue of new bonds.
When any school district described in Section 32-5 has heretofore
issued bonds or other evidences of indebtedness, on account of any public
school building, or for any other purpose, which are now binding and
subsisting obligations against such school district and remaining
outstanding, such school district may, upon the surrender of any such bonds
or any part thereof, or other evidences of indebtedness, issue in lieu
thereof, to the holders of the bonds, or to any persons, for money with
which to take them up, new bonds in accordance with the provisions of
Sections 32-5 to 32-5.4, inclusive; provided, such bonds shall not be
issued so as to increase the aggregate indebtedness of such school district
to exceed, including existing indebtedness, 5% of the taxable property of
such school district, to be ascertained by the last assessment for State
and county taxes previous to incurring such indebtedness.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-5.6) (from Ch. 122, par. 32-5.6)
Sec. 32-5.6.
Special charter districts with population less than
500,000 - Authority to borrow money and issue bonds. The corporate
authorities of any special charter district having a population of less
than 500,000 governed by a special charter, or special charter and
general law, may borrow money for the purpose of building schoolhouses,
or repairing, altering and building additions to any schoolhouse already
erected, or purchasing schoolhouse sites or purchasing grounds adjoining
any schoolhouse site, or separated therefrom only by a public street or
way, and shall also include the purchase of school sites outside the
boundaries of the school district and building school buildings thereon
as provided by Sections 10-22.35 and 10-22.36 of this Act, and may
issue its negotiable coupon bonds therefor in such form and such
denominations, payable at such place and at such time or times (not
exceeding 20 years from date of issuance) and bearing interest at such
rate as the corporate authorities may by resolution prescribe. The bonds
shall be in denominations of not less than $100 nor more than $5,000,
and shall bear interest at a rate not to exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, if issued
before January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972, payable semi-annually. No money may be borrowed or
bonds issued, however, unless the proposition to borrow money and issue
bonds for the purpose or purposes and in the amount prescribed in the
resolution is certified to the proper election authorities and submitted
to the voters of the school district at a regular scheduled election
in accordance with the
general election law, and the majority of
all the votes cast on the proposition is in favor thereof. The
corporate authorities may not incur any indebtedness under this Section,
which together with all other outstanding indebtedness, exceeds in the
aggregate the indebtedness limitation under Section 19-1 of this Act
that would be applicable if the district were not a special charter
district.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/32-5.7) (from Ch. 122, par. 32-5.7)
Sec. 32-5.7.
Submission to voters - Notice of election.
Whenever it is desired to submit to the voters of any school district
to which Section 32-5.6 applies the proposition to borrow money and
issue bonds for any or all of the purposes specified in Section 32-5.6,
the school board of such school district
shall adopt a resolution directing that such proposition be submitted
to referendum and the secretary of the board shall certify the proposition
to the proper election authorities for submission to the electors in accordance
with the general election law.
(Source: P.A. 81-1489.)
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(105 ILCS 5/32-5.8) (from Ch. 122, par. 32-5.8)
Sec. 32-5.8.
Ballots.
The proposition
submitted to the voters of any school district to which Sections 32-5.6
to 32-5.9, inclusive, apply shall specify the total
amount of the bonds sought to be issued, and the specific purpose or
purposes for which the bonds shall be issued, and shall be substantially
in the following
form:
Shall bonds or obligations forthe purpose of (state specific YESpurpose) in the sum of $.... beissued by (state whether to be issued by the board of educationor board of school inspectors) NOof....?
(Source: P.A. 81-1489.)
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(105 ILCS 5/32-5.9) (from Ch. 122, par. 32-5.9)
Sec. 32-5.9.
Signature and attestation - Numbering and registration - Delivery of bonds.
All bonds authorized to be issued under Sections 32-5.6 to 32-5.9,
inclusive, before being issued, negotiated and sold shall be signed by the
president of the school board and attested by the secretary and
countersigned by the treasurer of the school board or of the school
district. All of the bonds shall be numbered by such treasurer and
registered in a book. All moneys borrowed under Section 32-5.6 to 32-5.9,
inclusive, shall be paid into the treasury of the school board, or of the
school district, and thereupon the treasurer thereof shall deliver the
bonds therefor to the persons entitled to receive them. The treasurer shall
record the amount for which each bond is issued, negotiated and sold, and
when any bond is paid, he shall cancel it and enter in the register
opposite the record of the bond the date, month and year when it was paid.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-5.10) (from Ch. 122, par. 32-5.10)
Sec. 32-5.10.
Assumption of indebtedness of city for school purposes.
Whenever any city is by special law made a school district, or whenever
any school district created by special law is coterminous with any city,
the directors of the district may, at the request of the city council,
assume and provide for, by borrowing and taxation, any indebtedness created
by the authorities of the city for school purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-6.1) (from Ch. 122, par. 32-6.1)
Sec. 32-6.1.
Territory disconnected from city or village.
Whenever the territorial limits of any special charter district governed
by any or all of the provisions of the special charter coincide with the
territorial limits of (1) any township which is wholly surrounded by any
school district, and (2) any city, town, or village from which any land has
been heretofore or is hereafter disconnected under the provisions of
Section 7-3-6 of the Illinois Municipal Code, as heretofore and hereafter
amended, as the territorial limits of such city, town or village existed
immediately prior to such disconnection, the land disconnected from such
city, town or village shall also be deemed to be disconnected from such
school district and annexed to a school district in the township it
adjoins.
(Source: Laws 1963, p. 923.)
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(105 ILCS 5/32-6.2) (from Ch. 122, par. 32-6.2)
Sec. 32-6.2.
Bonded indebtedness.
The disconnection of any land under Section 32-6.1 shall not exempt it
from taxation for the purpose of paying any bonded indebtedness contracted
prior to the disconnection, but such land shall be assessed and taxed for
this purpose until such indebtedness is completely paid, the same as though
not disconnected. After the disconnection the county clerk of the county in
which such land is situated shall not include such land within the limits
of such school district for any purpose, except as stated herein, but shall
include it within the adjoining district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
Sec. 32-7.
Form of bond.
The form of bond to be given by any treasurer who
has the custody of funds belonging to any special charter district shall be
substantially in the following form:
We, (AB), principal, and (CD and EF), sureties, all of the County of .... and
State of Illinois, are obligated to the People of the State of Illinois, for
the use of the .... (name of school district) in the penal sum of $...., for
the payment of which to be made, we obligate ourselves, and each of us, our
heirs, executors, administrators, successors, and assigns.
Dated (insert date).
The condition of the above bond is that if the above obligated (AB)
shall perform all the duties which are, or may be required by law to be
performed by him as treasurer of the school district in the time and
manner prescribed, or to be prescribed by law, and when he shall be
succeeded in office and surrender and deliver over to his successor in
office all books, papers, moneys, and other things belonging to the
school district and pertaining to his office, then the above bond to
be void; otherwise, to remain in full force.
It is expressly understood and intended that the obligation of the above
named sureties shall not extend to any loss sustained by the insolvency,
failure, or closing of any bank or savings and loan association organized
and operating either under the
laws of the State of Illinois or the United States wherein such treasurer
has placed the funds in his custody or control, or any part thereof,
provided, such depository has been approved by the (board of education,
board of school inspectors or other governing body of the particular
district) of the .... (name of district).
A B ....
C D ....
E F ....
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/32-7.1) (from Ch. 122, par. 32-7.1)
Sec. 32-7.1.
Amount of bond.
The amount of the bond prescribed by Section 32-7 shall be fixed by the
governing body of the district but shall not be less than 1/10 of the
maximum amount of all moneys which came into the hands or control of such
treasurer or his predecessors during any fiscal year in the preceding 5
years nor less than 1 1/2 times the largest amount estimated by such
governing body will be in his hands or control at any one time if
individuals act as sureties nor less than the largest amount estimated by
such governing body will be in his hands or control at any one time if the
surety is a surety company authorized to do business in this State.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-7.2) (from Ch. 122, par. 32-7.2)
Sec. 32-7.2.
Teachers' orders.
The school treasurer of any special
charter district having a population of less than 500,000 shall pay out no
funds of the district except on an order of the corporate authorities
thereof, signed by the president and clerk, or by a majority of the board.
When an order issued for the wages of any teacher or employee of such
district is presented to the treasurer and is not paid for want of funds,
the treasurer shall endorse it over his signature "not paid for want of
funds", with the date of presentation, and shall make and keep a record of
such endorsement. The order shall thereafter bear interest at the rate
established by the school board of the district, payable annually, not
exceeding the rate authorized from time to time under the Bond
Authorization Act until the treasurer of such district notifies the clerk
in writing that he has funds to pay it, and the treasurer shall keep a
record of such notices and hold the funds necessary to pay such order until
it is presented. The order shall draw no interest after notice
is given to the clerk. Orders presented within 10 days after the notice
is mailed to the clerk shall be payable in the numerical order of their
issuance.
(Source: P.A. 86-715; 86-1161.)
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(105 ILCS 5/32-7.3) (from Ch. 122, par. 32-7.3)
Sec. 32-7.3. Depositaries. The governing body of any special charter district, when requested by
the treasurer or custodian of the funds of the district, shall designate
one or more banks or savings and loan associations in which the funds
in the custody of the
treasurer or custodian may be kept. A bank or savings and loan association
designated as a depositary shall
continue as such until 10 days have elapsed after a new depositary is
designated and has qualified by furnishing the statements of resources and
liabilities as is required by this Section. When a new depositary is
designated, the board of education or other governing body shall notify the
sureties of the treasurer or custodian of that fact, in writing, at least 5
days before the transfer of funds. The treasurer or custodian shall be
discharged from responsibility for all funds which he deposits in a
depositary so designated while such funds are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(105 ILCS 5/Art. 33 heading) ARTICLE 33.
DISTRICTS FROM 100,000 TO NOT MORE THAN 500,000 INHABITANTS
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(105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
Sec. 33-1. Board of Education - Election - Terms. In all school districts,
including special charter districts having a population of 100,000 and not
more than 500,000, which adopt this Article, as hereinafter provided, there
shall be maintained a system of free schools in charge of a board of education,
which shall be a body politic and corporate by the name of "Board of Education
of the City of....". The board shall consist of 7 members elected by the
voters of the district. Except as provided in Section 33-1b of this Act,
the regular election for members of the board shall be held at the consolidated election in odd numbered years and at the general primary election
in even numbered years. The law governing the registration of voters for
the primary election shall apply to the regular election. At the first
regular election 7 persons shall be elected as members of the board. The
person who receives the greatest number of votes shall be elected for a
term of 5 years. The 2 persons who receive the second and third greatest
number of votes shall be elected for a term of 4 years. The person who
receives the fourth greatest number of votes shall be elected
for a term of 3 years. The 2 persons who receive the fifth and sixth greatest
number of votes shall be elected for a term of 2 years. The person who
receives the seventh greatest number of votes shall be elected for a term
of 1 year. Thereafter, at each regular election for members of the board,
the successors of the members whose terms expire in the year of election
shall be elected for a term of 5 years. All terms shall commence on July
1 next succeeding the elections. Any vacancy occurring in the membership
of the board shall be filled by appointment until the next regular election
for members of the board.
In any school district which has adopted this Article, a proposition for
the election of board members by school board district rather than at large
may be submitted to the voters of the district at the regular school election
of any year in the manner provided in Section 9-22. If the proposition
is approved by a majority of those voting on the propositions, the board
shall divide the school district into 7 school board districts as provided
in Section 9-22. At the regular school election in the year following the
adoption of such proposition, one member shall be elected from each school
board district, and the 7 members so elected shall, by lot, determine one
to serve for one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one for 5 years. Thereafter their respective successors shall be elected
for terms of 5 years. The terms of all incumbent members expire July 1
of the year following the adoption of such a proposition.
Any school district which has adopted this Article may, by referendum in
accordance with Section 33-1a, adopt the method of electing members of the
board of education provided in that Section.
Reapportionment of the voting districts provided for in this Article or
created pursuant to a court order, shall be completed pursuant to
Section 33-1c.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
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(105 ILCS 5/33-1a) (from Ch. 122, par. 33-1a)
Sec. 33-1a.
Board of Education-Alternative Method of
Election-Terms. The board of education may, on its own motion, or shall
upon the petition of the lesser of 2,500 or 5% of the voters registered
in the district, submit to the voters of the district at a regular
school election held in an even-numbered year a proposition for the election of 4 board
members from school board districts and 3 board members at large. If
the proposition is approved by a majority of those voting on the
proposition, the board shall divide the school district into 4 school
board districts, each of which must be compact and contiguous and
substantially equal in population to each other district. At the school
election in the following year, one member shall be elected from each
school board district and 3 members shall be elected at large. They
shall commence their terms on July 1, at which time the terms of the
incumbent board members expire. Those members first elected under this
Section shall determine by lot which member at large and which 2
district members shall serve for 2 years; the other 2 members at large
and the other 2 district members shall serve for a 4 year term. Their
respective successors shall be elected for terms of 4 years.
The regular election for members of the board of education shall be
held on the same day as the regular township or municipal election.
Terms shall commence on July 1 following the election. Any vacancy
occurring in the membership of the board shall be filled by appointment
of the board until the next regular election for members of such board at
which election the office shall be filled.
(Source: P.A. 80-1469.)
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(105 ILCS 5/33-1b) (from Ch. 122, par. 33-1b)
Sec. 33-1b.
Whenever the date designated in Section 33-1 for the election
of members of boards of education conflicts with the celebration of Passover,
that election shall be postponed to the first Tuesday following the last
day of Passover.
(Source: P.A. 82-1014.)
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(105 ILCS 5/33-1c) (from Ch. 122, par. 33-1c)
Sec. 33-1c.
Reapportionment of board voting districts.
In the year
following each decennial census, the Board of Education shall reapportion
the board voting districts to reflect the results of such census. The
board voting districts shall be compact, contiguous and have substantially
the same ratio of population to the total population of the school district
as the ratio of the board members elected from that board voting district
has to the total number of members of the Board of Education. The
reapportionment plan shall be completed and formally approved by a majority
of the members of the board not less than 90 days before the last date
established by law for the filing of nominating petitions for the second
school board election after the decennial census year. If by
reapportionment a board member no longer resides within the board voting
district from which the member was elected, the member shall continue to
serve in office until the expiration of the member's regular term. All new
members shall be elected from the board voting districts as reapportioned.
(Source: P.A. 86-1331.)
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(105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
Sec. 33-2. Eligibility. To be eligible for election to the board, a person
shall be a citizen of
the United States, shall have been a resident of the district for at least one
year immediately preceding his or her election, and
shall not be a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. Permanent removal from the
district by any member constitutes a resignation from and creates a vacancy
in the board. Board members shall serve without compensation.
Notwithstanding any provisions to the contrary in any special charter,
petitions nominating candidates for the board of education shall be signed
by at least 200 voters of the district; and the polls, whether they be
located within a city lying in the district or outside of a city, shall
remain open during the hours specified in the Election Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(105 ILCS 5/33-3) (from Ch. 122, par. 33-3)
Sec. 33-3.
President, secretary and treasurer.
At the first regular meeting of the board in July of each year, or as
soon thereafter as may be, the board shall choose 1 of its number as
president, and shall appoint a secretary and a treasurer, who need not be
members of the board. The president, secretary and treasurer shall hold
their offices for 1 year and until their successors are appointed and
qualified. They shall be subject to removal by a majority of all the
members and in case of removal or where a vacancy otherwise occurs in
either of the offices the board shall appoint a successor to fill the
vacancy.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/33-4) (from Ch. 122, par. 33-4)
Sec. 33-4.
Rights, powers and duties of board.
The board of education shall succeed to all rights, powers and duties of
the former governing body of the district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/33-5) (from Ch. 122, par. 33-5)
Sec. 33-5.
Interest in contracts or transactions.
No member or employee of the board shall be directly or indirectly
interested in any contract, work, or business of the district, or in the
sale of any article, the expense, price or consideration of which is paid
by the district; nor in the purchase of any real estate or property
belonging to the district, or which shall be sold by virtue of legal
process at the suit of the district. Whoever violates any provision of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/33-6) (from Ch. 122, par. 33-6)
Sec. 33-6.
Adoption of article by voters.
The electors of any such
school district may adopt this Article in the following manner: whenever
1000 of the voters of the district voting at the last preceding election
petition the Chief Judge of the Circuit Court or any Judge of that
Circuit designated by the Chief Judge of the county in which the
district is located to submit to a vote of the electors of the district
the proposition as to whether the district shall adopt this Article, the
circuit court shall, upon entering an order to that effect, submit the
proposition at the next regular scheduled election. The court shall certify
the proposition to the proper election authorities for submission to the
electors in accordance with the general election law.
(Source: P.A. 81-1489.)
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(105 ILCS 5/33-7) (from Ch. 122, par. 33-7)
Sec. 33-7.
Notice of election - Law applicable - Statement of proposition.
The Chief Judge of the Circuit Court or any Judge of that Circuit designated
by the Chief Judge shall give notice of the election at which such proposition
is to be submitted by publishing the notice in accordance with the general
election law. If a majority of the votes cast upon the proposition is in
favor thereof this Article shall thereby be adopted by the school district,
and the circuit court shall thereupon enter an order declaring this Article
in force therein.
(Source: P.A. 81-1490.)
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(105 ILCS 5/Art. 34 heading) ARTICLE 34.
CITIES OF OVER 500,000
INHABITANTS - BOARD OF EDUCATION
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(105 ILCS 5/34-1) (from Ch. 122, par. 34-1)
Sec. 34-1.
Application of article; Definitions.
This Article applies only to
cities having a population exceeding 500,000.
"Trustees", when used in this Article, means the Chicago School Reform
Board of Trustees created by this amendatory Act of 1995 and serving as the
governing board of the school district organized under this Article beginning
with its appointment on or after the effective date of this amendatory Act of
1995 and continuing until June 30, 1999 or the appointment of a new Chicago
Board of Education as provided in Section 34-3, whichever is later.
"Board", or "board of education" when used in this Article, means: (i)
the Chicago School Reform Board of Trustees for the period that begins with the
appointment of the Trustees and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3;
and (ii) the new Chicago Board of Education from and after June 30, 1999 or
from and after its appointment as provided in Section 34-3, whichever is later.
Except during the period that begins with the appointment of the Chicago
School Reform Board of Trustees on or after the effective date of this
amendatory Act of 1995 and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3:
(i) the school district organized under this Article may be subject to further
limitations imposed under Article 34A; and (ii) the provisions of Article 34A
prevail over the other provisions of this Act, including the provisions of this
Article, to the extent of any conflict.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-1.01) (from Ch. 122, par. 34-1.01)
Sec. 34-1.01.
Intent.
The General Assembly has previously established
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development, and the General Assembly has defined these areas as including
language arts, mathematics, biological, physical and social sciences, the
fine arts, and physical development and health. The General Assembly
declares its intent to achieve the primary purpose of schooling in
elementary and secondary schools subject to this Article, as now or
hereafter amended, in cities of over 500,000 inhabitants, through the
provisions of this amendatory Act of 1991.
A. Goals. In the furtherance of this intent, the General Assembly is
committed to the belief that, while such urban schools should foster
improvement and student growth in a number of areas, first priority should
be given to achieving the following goals:
1. assuring that students show significant progress | ||
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2. assuring that students attend school regularly and | ||
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3. assuring that students are adequately prepared for | ||
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4. assuring that students are adequately prepared for | ||
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5. assuring that students are, to the maximum extent | ||
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6. assuring that students are better prepared to | ||
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7. assuring that students are encouraged in exploring | ||
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8. assuring that individual teachers are granted the | ||
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9. assuring that students are provided the means to | ||
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10. assuring that students are provided adequate | ||
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B. Achieving goals. To achieve these priority goals, the General
Assembly intends to make the individual local school the essential unit for
educational governance and improvement and to establish a process for
placing the primary responsibility for school governance and improvement in
furtherance of such goals in the hands of parents, community residents,
teachers, and the school principal at the school level.
Further, to achieve these priority goals, the General Assembly intends to
lodge with the board of education key powers in limited areas related to
district-wide policy, so that the board of education supports school-level
governance and improvement and carries out functions that can be performed
more efficiently through centralized action.
The General Assembly does not intend to alter or amend the provisions
of the desegregation obligations of the board of education, including but
not limited to the Consent Decree or the Desegregation Plan in United
States v. Chicago Board of Education, 80 C 5124, U.S. District Court for
the Northern District of Illinois. Accordingly, the implementation of this
amendatory Act of 1991, to the extent practicable, shall be consistent with
and, in all cases, shall be subject to the desegregation obligations
pursuant to such Consent Decree and Desegregation Plan.
(Source: P.A. 87-455; 88-686, eff. 1-24-95.)
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(105 ILCS 5/34-1.02) (from Ch. 122, par. 34-1.02)
Sec. 34-1.02.
Educational reform.
The General Assembly hereby finds
and declares that educational reform in school districts organized under
this Article shall be implemented in such manner that:
1. the percentage of entering freshmen who 4 years later graduate from
12th grade from each high school attendance center within the district in
each of the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years
exceeds by at least 5% the percentage of similar students graduating from
that high school attendance center in the immediately preceding school year;
2. the average daily student attendance rate within the district in each of
the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years exceeds by
at least 1% the average daily student attendance rate within the district for
the immediately preceding school year;
3. by the conclusion of the 1993-1994 school year, the percentage of
students within the district failing and not advancing to the next higher
grade or graduating is at least 10% less than the percentage of students
within the district failing and not advancing to the next higher grade or
graduating at the conclusion of the 1987-88 school year;
4. on an annual basis, each attendance center within the district
makes significant progress toward meeting and exceeding State performance
standards in reading, writing, mathematics, and other State mandated learning
areas, including the mastery of higher
order thinking skills in these learning areas. Significant annual progress
toward meeting and exceeding State performance standards shall occur for all
students regardless of race, ethnicity, gender, or income status, based on the
expectation that these subgroups shall meet and exceed State performance
standards. Annual objectives for significant progress and timeframes during
which the students' performance overall and as measured within subgroups will
meet and exceed State performance standards shall be specified in
the school improvement plan required in Section 34-2.4; and
5. appropriate improvement and progress are realized each school year in
each attendance center within the district, when compared to the
performance of such attendance center during the immediately preceding
school year, in advancing toward and achieving the objectives established
by paragraphs 1 through 4 of this Section.
(Source: P.A. 88-686, eff. 1-24-95.)
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(105 ILCS 5/34-1.05) Sec. 34-1.05. (Repealed).
(Source: P.A. 98-1053, eff. 1-1-15. Repealed internally, eff. 5-31-16.) |
(105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
Sec. 34-1.1. Definitions. As used in this Article:
"Academic Accountability Council" means the Chicago Schools Academic
Accountability Council created under Section 34-3.4.
"Local School Council" means a local school council established
under Section 34-2.1.
"School" and "attendance center" are used interchangeably to mean any
attendance center operated pursuant to this Article and under the direction
of one principal.
"Secondary Attendance Center" means a school which has students enrolled
in grades 9 through 12 (although it may also have students enrolled
in grades below grade 9).
"Local Attendance Area School" means a school which has a local
attendance area established by the board.
"Multi-area school" means a school other than a local attendance area school.
"Contract school" means an attendance center managed and operated by a for-profit or not-for-profit private entity retained by the board to provide instructional and other services to a majority of the pupils enrolled in the attendance center. "Contract turnaround school" means an experimental contract school created by the board to implement alternative governance in an attendance center subject to restructuring or similar intervention. "Parent" means a parent or legal guardian of an enrolled student of an
attendance center.
"Community resident" means a person, 18 years of age or older,
residing within an attendance area served by a school,
excluding any person who is a parent of a student enrolled in that
school; provided that with respect to any multi-area school, community
resident means any person, 18 years of age or older, residing within the
voting district established for that school pursuant to Section 34-2.1c,
excluding any person who is a parent of a student enrolled in that school.
"School staff" means all licensed and nonlicensed school
personnel, including all teaching and administrative staff (other than the
principal) and including all custodial, food service and other civil
service employees, who are employed at and assigned to perform the majority
of their employment duties at one attendance center served by the same
local school council.
"Regular meetings" means the meeting dates established by the local
school council at its annual organizational meeting.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-2) (from Ch. 122, par. 34-2)
Sec. 34-2.
City
to constitute district-Corporate status of board.
Each city having a population exceeding 500,000 shall constitute one
school district which shall maintain a system of free schools under the
charge of a board of education. The district shall be a body politic and
corporate by the name of "Board of Education of the City of ...." and by
that name may sue and be sued in all courts and places where judicial
proceedings are had.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local school councils; composition; voter eligibility; elections; terms. (a) Beginning with the first local school council election that occurs after December 3, 2021 (the effective date of Public Act 102-677), a local school council shall be established for each attendance
center within the school district, including public small schools within the district. Each local school council shall
consist of the following 12 voting members: the principal of the
attendance center, 2 teachers employed and assigned to perform the
majority of their employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center, one employee of the school district employed and assigned to perform the majority of his or her employment duties at the attendance center who is not a teacher, and 2 community
residents. Neither the parents nor the community residents who serve as
members of the local school council shall be employees of the Board of
Education. In each secondary attendance center, the local school council
shall consist of 13 voting members through the 2020-2021 school year, the 12 voting members described above
and one full-time student member, and 15 voting members beginning with the 2021-2022 school year, the 12 voting members described above and 3 full-time student members, appointed as provided in subsection
(m) below. In each attendance center enrolling students in 7th and 8th grade, one full-time student member shall be appointed as provided in subsection (m) of this Section.
In the event that the chief executive officer of the Chicago School Reform
Board of Trustees determines that a local school council is not carrying out
its financial duties effectively, the chief executive officer is authorized to
appoint a representative of the business community with experience in finance
and management
to serve as an advisor to the local school council for
the purpose of providing advice and assistance to the local school council on
fiscal matters.
The advisor shall have access to relevant financial records of the
local school council. The advisor may attend executive sessions.
The chief executive officer shall
issue a written policy defining the circumstances under which a local school
council is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall appoint the
members and officers (a Chairperson who shall be a parent member and a
Secretary) of each local school council who shall hold their offices until
their successors shall be elected and qualified. Members so appointed shall
have all the powers and duties of local school councils as set forth in
Public Act 86-1477. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be encouraged to be
reflective of the racial and ethnic composition of the student population
of the attendance center served by the local school council.
(c) Beginning with the 1995-1996 school year and in every even-numbered
year thereafter, the Board shall set second semester Parent Report Card
Pick-up Day for Local School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the school system.
Elections shall be
conducted as provided herein by the Board of Education in consultation with
the local school council at each attendance center. (c-5) Notwithstanding subsection (c), for the local school council election set for the 2019-2020 school year, the Board may hold the election on the first semester Parent Report Card Pick-up Day of the 2020-2021 school year, making any necessary modifications to the election process or date to comply with guidance from the Department of Public Health and the federal Centers for Disease Control and Prevention. The terms of office of all local school council members eligible to serve and seated on or after March 23, 2020 through January 10, 2021 are extended through January 10, 2021, provided that the members continue to meet eligibility requirements for local school council membership.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council members at each
attendance center:
(i) The elected members of each local school council | ||
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(ii) Each elected member shall be elected by the | ||
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(iii) Each eligible voter shall be entitled to cast | ||
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(iv) Each parent voter shall be entitled to vote in | ||
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(v) Each eligible voter shall be entitled to vote | ||
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(vi) The 2 teacher members and the non-teacher | ||
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(vii) At secondary attendance centers and attendance | ||
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(e) The Council shall publicize the date and place of the election by
posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
(f) Nomination. The Council shall publicize the opening of nominations
by posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
Not less than 2 weeks before the election date, persons eligible to run for
the Council shall submit their name,
date of birth, social
security number, if
available,
and some evidence of eligibility
to the Council. The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall disclose, in a
manner determined by the Board, any economic interest held by such person,
by such person's spouse or children, or by each business entity in which
such person has an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district.
Each person
nominated who runs as a candidate shall also disclose, in a manner determined
by the Board, if he or she ever has been convicted of any of the offenses
specified in subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be deemed to require
the disclosure of any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile
Court Act of 1987.
Failure to make such disclosure shall render a person ineligible
for election or to serve on the local school council. The same
disclosure shall be
required of persons under consideration for appointment to the Council
pursuant to subsections (l) and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been convicted of any
of
the
following offenses at any time shall be ineligible for election or appointment
to a local
school council and ineligible for appointment to a local school council
pursuant to
subsections (l) and (m) of this Section: (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of Section 11-14.3, of the
Criminal Code of 1961 or the Criminal Code of 2012, or (ii) any offense committed or attempted in any other
state or
against the laws of the United States, which, if committed or attempted in this
State,
would have been punishable as one or more of the foregoing offenses.
Notwithstanding
disclosure, a person who has been convicted of any of the following offenses
within the
10 years previous to the date of nomination or appointment shall be ineligible
for election or
appointment to a local school council:
(i) those defined in Section 401.1, 405.1, or 405.2 of the Illinois Controlled
Substances Act or (ii) any
offense committed
or attempted in any other state or against the laws of the United States,
which, if
committed or attempted in this State, would have been punishable as one or more
of the
foregoing offenses.
Immediately upon election or appointment, incoming local school
council members
shall be
required to undergo a criminal background investigation, to be completed prior
to the member taking office,
in order to identify
any criminal convictions under the offenses enumerated in Section 34-18.5.
The investigation shall be conducted by the Illinois State Police in the
same manner as provided for in Section 34-18.5. However, notwithstanding
Section 34-18.5, the social security number shall be provided only if
available.
If it is determined at any time that a local school council member or
member-elect has been convicted
of any of the offenses enumerated in this Section or failed to disclose a
conviction of any of the offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or member-elect of
such
determination and the local school council member or member-elect shall be
removed from the
local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the Council shall
publicize, in the manner provided in subsection (e), the names of persons
nominated for election.
(h) Voting shall be in person by secret ballot at the attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall be declared
elected by the Council. In cases of a tie, the Council shall determine the
winner by lottery.
(j) The Council shall certify the results of the election and shall
publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any
disputes
concerning election procedure or results and shall ensure that, except as
provided in subsections (e) and (g), no resources of any attendance center
shall be used to endorse or promote any candidate.
(l) Beginning with the first local school council election that occurs after December 3, 2021 (the effective date of Public Act 102-677), in every
even numbered
year, the Board shall appoint 2 teacher
members to each
local school council. These appointments shall be made in the following
manner:
(i) The Board shall appoint 2 teachers who are | ||
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(ii) A non-binding, advisory poll to ascertain the | ||
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(iii) In the event that a teacher representative is | ||
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(m) Beginning with the 1995-1996 school year through the 2020-2021 school year, the Board shall appoint one student member to each
secondary attendance center. Beginning with the 2021-2022 school year and for every school year thereafter, the Board shall appoint 3 student members to the local school council of each secondary attendance center and one student member to the local school council of each attendance center enrolling students in 7th and 8th grade. Students enrolled in grade 6 or above are eligible to be candidates for a local school council. No attendance center enrolling students in 7th and 8th grade may have more than one student member, unless the attendance center enrolls students in grades 7 through 12, in which case the attendance center may have a total of 3 student members on the local school council. The Board may establish criteria for students to be considered eligible to serve as a student member. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those | ||
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(ii) During the twenty-second week of school in every | ||
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(iii) (Blank).
(n) The Board may promulgate such other rules and regulations for
election procedures as may be deemed necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's term, the
Council shall appoint a person eligible to serve on the Council to fill
the unexpired term created by the vacancy, except that any teacher or non-teacher staff vacancy
shall be filled by the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of school staff. In the case of a student vacancy, the vacancy shall be filled by the preferences of an election poll of students.
(p) If less than the specified number of persons is elected within each
candidate category, the newly elected local school council shall appoint
eligible persons to serve as members of the Council for 2-year terms, as provided in subsection (c-5) of Section 34-2.2 of this Code.
(q) The Board shall promulgate rules regarding conflicts of interest
and disclosure of economic interests which shall apply to local school
council members and which shall require reports or statements to be filed
by Council members at regular intervals with the Secretary of the
Board. Failure to comply with such rules
or intentionally falsifying such reports shall be grounds for
disqualification from local school council membership. A vacancy on the
Council for disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the general
superintendent shall provide notice, by mail, to each local school council
member of all requirements and forms for compliance with economic interest
statements.
(r) (1) If a parent member of a local school council ceases to have any
child
enrolled in the attendance center governed by the Local School Council due to
the graduation or voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's graduation or
voluntary transfer. If the child of a parent member of a local school council dies during the member's term in office, the member may continue to serve on the local school council for the balance of his or her term. Further,
a local school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of Section
34-2.2 if the Council member has missed 3 consecutive regular meetings, not
including committee meetings, or 5 regular meetings in a 12-month period,
not including committee meetings.
If a parent member of a local school council ceases to be eligible to serve
on the Council for any other reason, he or she shall be removed by the Board
subject
to a hearing, convened pursuant to Board rule, prior to removal.
A vote to remove a Council member by the local school council shall
only be valid if the Council member has been notified personally or by
certified mail, mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The provisions of this
subsection shall be contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident member of a
local
school council as long as he or she resides in the attendance area served by
the
school and is not employed by the Board nor is a parent of a student enrolled
at the school. If a community resident member ceases to be eligible to serve
on the Council, he or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a staff member of a local school
council as long as he or she is employed and assigned to perform a majority of
his or her duties at the school, provided that if the staff representative
resigns from employment with the Board or
voluntarily transfers to another school, the staff member's membership on the local
school council and all voting rights are terminated immediately as of the date
of the staff member's resignation or upon the date of the staff member's voluntary
transfer to another school. If a staff member of a local school council
ceases to be eligible to serve on a local school council for any other reason,
that member shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal. (s) As used in this Section only, "community resident" means a person, 17 years of age or older, residing within an attendance area served by a school, excluding any person who is a parent of a student enrolled in that school; provided that with respect to any multi-area school, community resident means any person, 17 years of age or older, residing within the voting district established for that school pursuant to Section 34-2.1c, excluding any person who is a parent of a student enrolled in that school. This definition does not apply to any provisions concerning school boards.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-2.1b) (from Ch. 122, par. 34-2.1b)
Sec. 34-2.1b.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-2.1c) (from Ch. 122, par. 34-2.1c)
Sec. 34-2.1c.
Multi-Area Schools - Establishment of Voting
Districts.
(a) On or before September 1, 1991, the Board shall establish
a voting district for each multi-area school. The Board shall take into
account the following criteria in establishing such voting districts:
(i) in cases where the multi-area school was | ||
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(ii) the location of physical characteristics in the | ||
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(iii) the location of established neighborhood and | ||
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(iv) size of student population; and
(v) compactness and contiguity of voting districts.
Prior to establishing voting districts for multi-area schools, the Board
shall hold at least one public hearing thereon. The Board shall establish
procedures to ensure the maximum participation of all interested persons in
such hearing or hearings.
(b) The Board shall publicize the location and description of these
voting districts by posting notices at each multi-area school and in public
places within each voting district, by distributing notices to students at
the multi-area school and by placing notices both in daily newspapers of
general circulation published in the city and in local and community
newspapers published within each voting district. The Board shall utilize
other means to ensure adequate dissemination of the description and
location of the voting districts.
(c) The Board may adjust or alter the voting districts of any multi-area
school once every tenth year. The Board shall utilize the same criteria
and procedures described above in connection with any adjustment or
alteration of any voting district.
(d) With respect to any school designated as a multi-area school
subsequent to the establishment of voting districts, as described in
subsection (a), or subsequent to the adjustment of these districts, as
described in subsection (c), the Board shall establish a voting district
for that school prior to the commencement of its operation as a multi-area
school. The Board shall utilize the same criteria and procedures described
in subsection (a) in connection with the establishment of such a voting
district.
(Source: P.A. 87-454.)
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(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
Sec. 34-2.2. Local school councils; manner of operation.
(a) The annual organizational meeting of each local school council
shall be held at the attendance center or via videoconference or teleconference if guidance from the Department of Public Health or Centers for Disease Control and Prevention limits the size of in-person meetings at the time of the meeting. At the annual organization meeting,
which shall be held no sooner than July 1 and no later than July 14, a parent
member of the local school council shall be selected by the members of such
council as its chairperson, and a secretary shall be selected by the members of
such council from among their number, each to serve a term of one year.
However, an organizational meeting held by members elected to a local school council under subsection (c-5) of Section 34-2.1 may be held no sooner than January 11, 2021 and no later than January 31, 2021. Whenever a vacancy in the office of chairperson or secretary of a local school
council shall occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members of the local
school council from among their number to serve as such
chairperson or secretary for the unexpired term of office in which the
vacancy occurs. At each annual organizational meeting, the time and
place of any regular meetings of the local school council shall be fixed.
Special meetings of the local school council may be called by the
chairperson or by any 4 members from an attendance center enrolling students up to grade 8 or any 5 members from a secondary attendance center or an attendance center enrolling students in grades 7 through 12, by giving notice thereof in writing,
specifying the time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open Meetings Act.
(b) Members and officers of the local school council shall serve
without compensation and without reimbursement of any expenses incurred in
the performance of their duties, except that the board of education may by
rule establish a procedure and thereunder provide for reimbursement of
members and officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal expenses) incurred in
the performance of their duties as the board may deem appropriate.
(c) A majority of the full membership of the local school council
shall constitute a quorum, except as provided in subsection (c-5), and whenever a vote is taken on any measure
before the local school council, a quorum being present, the affirmative
vote of a majority of the votes of the full membership then serving of the
local school council shall determine the outcome thereof; provided that
whenever the measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance contract or
the inclusion of any provision or modification of the contract, or (iii)
the direct selection by the local school council of a new principal
(including
a new principal to fill a vacancy) to serve under a 4 year performance
contract, or (iv) the determination of the names of candidates to be submitted
to the general superintendent for the position of
principal, the
principal and any
student members of a local school council shall not be counted for purposes of
determining whether a quorum is present to act on the measure and shall have no
vote thereon; and provided further that 7 affirmative votes of the local school
council shall be required for the direct selection by the local school
council
of a new principal
to serve under a 4 year performance contract but not for the renewal of a
principal's performance contract.
(c-5) If the number of members serving on a local school council at an attendance center enrolling students through the 8th grade falls below 7 members due to vacancies, then 4 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. If the number of members serving on a local school council at a secondary attendance center falls below 8 members due to vacancies, then 5 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. For such purposes, the affirmative vote of a majority of those present shall be required to fill a vacancy through appointment by the local school council. (d) Student members shall not be eligible
to vote on personnel matters, including but not limited to principal
evaluations and contracts and the allocation of teaching and staff resources.
(e) The local school council of an attendance center which provides
bilingual education shall be encouraged to provide translators at each
council meeting to maximize participation of parents and the community.
(f) Each local school council of an attendance center which provides
bilingual education shall create a Bilingual Advisory Committee or
recognize an existing Bilingual Advisory Committee as a standing committee.
The Chair and a majority of the members of the advisory committee shall be
parents of students in the bilingual education program. The parents on the
advisory committee shall be selected by parents of students in the
bilingual education program, and the committee shall select a Chair. The
advisory committee for each secondary attendance center shall include at
least one full-time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the local school council.
(g) Local school councils may utilize the services of an arbitration
board to resolve intra-council disputes.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-296, eff. 8-6-21; 102-677, eff. 12-3-21.)
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(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3) Sec. 34-2.3. Local school councils; powers and duties. Each local school council shall have and exercise, consistent with the provisions of this Article and the powers and duties of the board of education, the following powers and duties: 1. (A) To annually evaluate the performance of the principal of the attendance center using a Board approved principal evaluation form, which shall include the evaluation of (i) student academic improvement, as defined by the school improvement plan, (ii) student absenteeism rates at the school, (iii) instructional leadership, (iv) the effective implementation of programs, policies, or strategies to improve student academic achievement, (v) school management, and (vi) any other factors deemed relevant by the local school council, 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; (B) to determine in the manner provided by subsection (c) of Section 34-2.2 and subdivision 1.5 of this Section whether the performance contract of the principal shall be renewed; and (C) to directly select, in the manner provided by subsection (c) of Section 34-2.2, a new principal (including a new principal to fill a vacancy) -- without submitting any list of candidates for that position to the general superintendent as provided in paragraph 2 of this Section -- to serve under a 4 year performance contract; provided that (i) the determination of whether the principal's performance contract is to be renewed, based upon the evaluation required by subdivision 1.5 of this Section, shall be made no later than 150 days prior to the expiration of the current performance-based contract of the principal, (ii) in cases where such performance contract is not renewed -- a direct selection of a new principal -- to serve under a 4 year performance contract shall be made by the local school council no later than 45 days prior to the expiration of the current performance contract of the principal, and (iii) a selection by the local school council of a new principal to fill a vacancy under a 4 year performance contract shall be made within 90 days after the date such vacancy occurs. A Council shall be required, if requested by the principal, to provide in writing the reasons for the council's not renewing the principal's contract. 1.5. The local school council's determination of whether to renew the principal's contract shall be based on an evaluation to assess the educational and administrative progress made at the school during the principal's current performance-based contract. The local school council shall base its evaluation on (i) student academic improvement, as defined by the school improvement plan, (ii) student absenteeism rates at the school, (iii) instructional leadership, (iv) the effective implementation of programs, policies, or strategies to improve student academic achievement, (v) school management, and (vi) any other factors deemed relevant by the local school council, 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. If a local school council fails to renew the performance contract of a principal rated by the general superintendent, or his or her designee, in the previous years' evaluations as meeting or exceeding expectations, the principal, within 15 days after the local school council's decision not to renew the contract, may request a review of the local school council's principal non-retention decision by a hearing officer appointed by the American Arbitration Association. A local school council member or members or the general superintendent may support the principal's request for review. During the period of the hearing officer's review of the local school council's decision on whether or not to retain the principal, the local school council shall maintain all authority to search for and contract with a person to serve as interim or acting principal, or as the principal of the attendance center under a 4-year performance contract, provided that any performance contract entered into by the local school council shall be voidable or modified in accordance with the decision of the hearing officer. The principal may request review only once while at that attendance center. If a local school council renews the contract of a principal who failed to obtain a rating of "meets" or "exceeds expectations" in the general superintendent's evaluation for the previous year, the general superintendent, within 15 days after the local school council's decision to renew the contract, may request a review of the local school council's principal retention decision by a hearing officer appointed by the American Arbitration Association. The general superintendent may request a review only once for that principal at that attendance center. All requests to review the retention or non-retention of a principal shall be submitted to the general superintendent, who shall, in turn, forward such requests, within 14 days of receipt, to the American Arbitration Association. The general superintendent shall send a contemporaneous copy of the request that was forwarded to the American Arbitration Association to the principal and to each local school council member and shall inform the local school council of its rights and responsibilities under the arbitration process, including the local school council's right to representation and the manner and process by which the Board shall pay the costs of the council's representation. If the local school council retains the principal and the general superintendent requests a review of the retention decision, the local school council and the general superintendent shall be considered parties to the arbitration, a hearing officer shall be chosen between those 2 parties pursuant to procedures promulgated by the State Board of Education, and the principal may retain counsel and participate in the arbitration. If the local school council does not retain the principal and the principal requests a review of the retention decision, the local school council and the principal shall be considered parties to the arbitration and a hearing officer shall be chosen between those 2 parties pursuant to procedures promulgated by the State Board of Education. The hearing shall begin (i) within 45 days after the initial request for review is submitted by the principal to the general superintendent or (ii) if the initial request for review is made by the general superintendent, within 45 days after that request is mailed to the American Arbitration Association. The hearing officer shall render a decision within 45 days after the hearing begins and within 90 days after the initial request for review. The Board shall contract with the American Arbitration Association for all of the hearing officer's reasonable and necessary costs. In addition, the Board shall pay any reasonable costs incurred by a local school council for representation before a hearing officer. 1.10. The hearing officer shall conduct a hearing, which shall include (i) a review of the principal's performance, evaluations, and other evidence of the principal's service at the school, (ii) reasons provided by the local school council for its decision, and (iii) documentation evidencing views of interested persons, including, without limitation, students, parents, local school council members, school faculty and staff, the principal, the general superintendent or his or her designee, and members of the community. The burden of proof in establishing that the local school council's decision was arbitrary and capricious shall be on the party requesting the arbitration, and this party shall sustain the burden by a preponderance of the evidence. The hearing officer shall set the local school council decision aside if that decision, in light of the record developed at the hearing, is arbitrary and capricious. The decision of the hearing officer may not be appealed to the Board or the State Board of Education. If the hearing officer decides that the principal shall be retained, the retention period shall not exceed 2 years. 2. In the event (i) the local school council does not renew the performance contract of the principal, or the principal fails to receive a satisfactory rating as provided in subsection (h) of Section 34-8.3, or the principal is removed for cause during the term of his or her performance contract in the manner provided by Section 34-85, or a vacancy in the position of principal otherwise occurs prior to the expiration of the term of a principal's performance contract, and (ii) the local school council fails to directly select a new principal to serve under a 4 year performance contract, the local school council in such event shall submit to the general superintendent a list of 3 candidates -- listed in the local school council's order of preference -- for the position of principal, one of which shall be selected by the general superintendent to serve as principal of the attendance center. If the general superintendent fails or refuses to select one of the candidates on the list to serve as principal within 30 days after being furnished with the candidate list, the general superintendent shall select and place a principal on an interim basis (i) for a period not to exceed one year or (ii) until the local school council selects a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2, whichever occurs first. If the local school council fails or refuses to select and appoint a new principal, as specified by subsection (c) of Section 34-2.2, the general superintendent may select and appoint a new principal on an interim basis for an additional year or until a new contract principal is selected by the local school council. There shall be no discrimination on the basis of race, sex, creed, color or disability unrelated to ability to perform in connection with the submission of candidates for, and the selection of a candidate to serve as principal of an attendance center. No person shall be directly selected, listed as a candidate for, or selected to serve as principal of an attendance center (i) if such person has been removed for cause from employment by the Board or (ii) if such person does not hold a valid Professional Educator License issued under Article 21B and endorsed as required by that Article for the position of principal. A principal whose performance contract is not renewed as provided under subsection (c) of Section 34-2.2 may nevertheless, if otherwise qualified and licensed as herein provided and if he or she has received a satisfactory rating as provided in subsection (h) of Section 34-8.3, be included by a local school council as one of the 3 candidates listed in order of preference on any candidate list from which one person is to be selected to serve as principal of the attendance center under a new performance contract. The initial candidate list required to be submitted by a local school council to the general superintendent in cases where the local school council does not renew the performance contract of its principal and does not directly select a new principal to serve under a 4 year performance contract shall be submitted not later than 30 days prior to the expiration of the current performance contract. In cases where the local school council fails or refuses to submit the candidate list to the general superintendent no later than 30 days prior to the expiration of the incumbent principal's contract, the general superintendent may appoint a principal on an interim basis for a period not to exceed one year, during which time the local school council shall be able to select a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2. In cases where a principal is removed for cause or a vacancy otherwise occurs in the position of principal and the vacancy is not filled by direct selection by the local school council, the candidate list shall be submitted by the local school council to the general superintendent within 90 days after the date such removal or vacancy occurs. In cases where the local school council fails or refuses to submit the candidate list to the general superintendent within 90 days after the date of the vacancy, the general superintendent may appoint a principal on an interim basis for a period of one year, during which time the local school council shall be able to select a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2. 2.5. Whenever a vacancy in the office of a principal occurs for any reason, the vacancy shall be filled in the manner provided by this Section by the selection of a new principal to serve under a 4 year performance contract. 3. To establish additional criteria to be included as part of the performance contract of its principal, provided that such additional criteria shall not discriminate on the basis of race, sex, creed, color or disability unrelated to ability to perform, and shall not be inconsistent with the uniform 4 year performance contract for principals developed by the board as provided in Section 34-8.1 of the School Code or with other provisions of this Article governing the authority and responsibility of principals. 4. To approve the expenditure plan prepared by the principal with respect to all funds allocated and distributed to the attendance center by the Board. The expenditure plan shall be administered by the principal. Notwithstanding any other provision of this Act or any other law, any expenditure plan approved and administered under this Section 34-2.3 shall be consistent with and subject to the terms of any contract for services with a third party entered into by the Chicago School Reform Board of Trustees or the board under this Act. Via a supermajority vote of 8 members of a local school council enrolling students through the 8th grade or 9 members of a local school council at a secondary attendance center or an attendance center enrolling students in grades 7 through 12, the Council may transfer allocations pursuant to Section 34-2.3 within funds; provided that such a transfer is consistent with applicable law and collective bargaining agreements. Beginning in fiscal year 1991 and in each fiscal year thereafter, the Board may reserve up to 1% of its total fiscal year budget for distribution on a prioritized basis to schools throughout the school system in order to assure adequate programs to meet the needs of special student populations as determined by the Board. This distribution shall take into account the needs catalogued in the Systemwide Plan and the various local school improvement plans of the local school councils. Information about these centrally funded programs shall be distributed to the local school councils so that their subsequent planning and programming will account for these provisions. Beginning in fiscal year 1991 and in each fiscal year thereafter, from other amounts available in the applicable fiscal year budget, the board shall allocate a lump sum amount to each local school based upon such formula as the board shall determine taking into account the special needs of the student body. The local school principal shall develop an expenditure plan in consultation with the local school council, the professional personnel leadership committee and with all other school personnel, which reflects the priorities and activities as described in the school's local school improvement plan and is consistent with applicable law and collective bargaining agreements and with board policies and standards; however, the local school council shall have the right to request waivers of board policy from the board of education and waivers of employee collective bargaining agreements pursuant to Section 34-8.1a. The expenditure plan developed by the principal with respect to amounts available from the fund for prioritized special needs programs and the allocated lump sum amount must be approved by the local school council. The lump sum allocation shall take into account the following principles: a. Teachers: Each school shall be allocated funds | ||
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b. Other personnel: Funds for other teacher licensed | ||
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c. Non-compensation items: Appropriations for all | ||
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d. Funds for categorical programs: Schools shall | ||
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d.1. Funds for State Title I: Each school shall | ||
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e. The Local School Council shall have the right to | ||
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f. Operating within existing laws and collective | ||
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g. (Blank). Any funds unexpended at the end of the fiscal year shall be available to the board of education for use as part of its budget for the following fiscal year. 5. To make recommendations to the principal concerning textbook selection and concerning curriculum developed pursuant to the school improvement plan which is consistent with systemwide curriculum objectives in accordance with Sections 34-8 and 34-18 of the School Code and in conformity with the collective bargaining agreement. 6. To advise the principal concerning the attendance and disciplinary policies for the attendance center, subject to the provisions of this Article and Article 26, and consistent with the uniform system of discipline established by the board pursuant to Section 34-19. 7. To approve a school improvement plan developed as provided in Section 34-2.4. The process and schedule for plan development shall be publicized to the entire school community, and the community shall be afforded the opportunity to make recommendations concerning the plan. At least twice a year the principal and local school council shall report publicly on progress and problems with respect to plan implementation. 8. To evaluate the allocation of teaching resources and other licensed and nonlicensed staff to the attendance center to determine whether such allocation is consistent with and in furtherance of instructional objectives and school programs reflective of the school improvement plan adopted for the attendance center; and to make recommendations to the board, the general superintendent and the principal concerning any reallocation of teaching resources or other staff whenever the council determines that any such reallocation is appropriate because the qualifications of any existing staff at the attendance center do not adequately match or support instructional objectives or school programs which reflect the school improvement plan. 9. To make recommendations to the principal and the general superintendent concerning their respective appointments, after August 31, 1989, and in the manner provided by Section 34-8 and Section 34-8.1, of persons to fill any vacant, additional or newly created positions for teachers at the attendance center or at attendance centers which include the attendance center served by the local school council. 10. To request of the Board the manner in which training and assistance shall be provided to the local school council. Pursuant to Board guidelines a local school council is authorized to direct the Board of Education to contract with personnel or not-for-profit organizations not associated with the school district to train or assist council members. If training or assistance is provided by contract with personnel or organizations not associated with the school district, the period of training or assistance shall not exceed 30 hours during a given school year; person shall not be employed on a continuous basis longer than said period and shall not have been employed by the Chicago Board of Education within the preceding six months. Council members shall receive training in at least the following areas: 1. school budgets; 2. educational theory pertinent to the attendance | ||
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3. personnel selection.Council members shall, to the greatest extent possible, complete such training within 90 days of election. 11. In accordance with systemwide guidelines contained in the System-Wide Educational Reform Goals and Objectives Plan, criteria for evaluation of performance shall be established for local school councils and local school council members. If a local school council persists in noncompliance with systemwide requirements, the Board may impose sanctions and take necessary corrective action, consistent with Section 34-8.3. 12. Each local school council shall comply with the Open Meetings Act and the Freedom of Information Act. Each local school council shall issue and transmit to its school community a detailed annual report accounting for its activities programmatically and financially. Each local school council shall convene at least 2 well-publicized meetings annually with its entire school community. These meetings shall include presentation of the proposed local school improvement plan, of the proposed school expenditure plan, and the annual report, and shall provide an opportunity for public comment. 13. Each local school council is encouraged to involve additional non-voting members of the school community in facilitating the council's exercise of its responsibilities. 14. The local school council may adopt a school uniform or dress code policy that governs the attendance center and that is necessary to maintain the orderly process of a school function or prevent endangerment of student health or safety, consistent with the policies and rules of the Board of Education. A school uniform or dress code policy adopted by a local school council: (i) shall not be applied in such manner as to discipline or deny attendance to a transfer student or any other student for noncompliance with that policy during such period of time as is reasonably necessary to enable the student to acquire a school uniform or otherwise comply with the dress code policy that is in effect at the attendance center into which the student's enrollment is transferred; (ii) shall include criteria and procedures under which the local school council will accommodate the needs of or otherwise provide appropriate resources to assist a student from an indigent family in complying with an applicable school uniform or dress code policy; (iii) shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists; and (iv) shall not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in subsection (Q) of Section 1-103 of the Illinois Human Rights Act. A student whose parents or legal guardians object on religious grounds to the student's compliance with an applicable school uniform or dress code policy shall not be required to comply with that policy if the student's parents or legal guardians present to the local school council a signed statement of objection detailing the grounds for the objection. If a local school council does not comply with the requirements and prohibitions set forth in this paragraph 14, the attendance center is subject to the penalty imposed pursuant to subsection (a) of Section 2-3.25. 15. All decisions made and actions taken by the local school council in the exercise of its powers and duties shall comply with State and federal laws, all applicable collective bargaining agreements, court orders and rules properly promulgated by the Board. 15a. To grant, in accordance with board rules and policies, the use of assembly halls and classrooms when not otherwise needed, including lighting, heat, and attendants, for public lectures, concerts, and other educational and social activities. 15b. To approve, in accordance with board rules and policies, receipts and expenditures for all internal accounts of the attendance center, and to approve all fund-raising activities by nonschool organizations that use the school building. 16. (Blank). 17. Names and addresses of local school council members shall be a matter of public record.(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21; 102-894, eff. 5-20-22; 103-463, eff. 8-4-23.) |
(105 ILCS 5/34-2.3a) (from Ch. 122, par. 34-2.3a)
Sec. 34-2.3a.
Recommendations of the Principal.
The principal of each
attendance center shall be encouraged to make recommendations to the
appropriate local school council concerning all educational aspects of the
attendance center.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-2.3b)
Sec. 34-2.3b.
Local School Council Training.
The board shall collaborate
with universities and other interested entities and individuals to offer
training to local school council members on topics relevant to school
operations and their responsibilities as local school council members,
including but not limited to legal requirements, role differentiation,
responsibilities, and authorities, and improving student achievement. Training
of local school council members shall be provided at the direction of the board in consultation with the Council of
Chicago-area Deans of Education. Incoming local school council members shall
be required to complete a 3-day training program provided under this
Section within 6 months of taking office. The board shall monitor the
compliance of incoming local school council members with the 3-day training
program requirement established by this Section. The board shall declare
vacant the office of a local school council member who fails to complete the
3-day training program provided under this Section within the 6 month period
allowed. Any such vacancy shall be filled as provided in subsection (o) of
Section 34-2.1 by appointment of another person qualified to hold the office.
In addition to requiring local school council members to complete the 3-day
training program under this Section, the board may encourage local school
council members to complete additional training during their term of office and
shall provide recognition for individuals completing that additional training.
The board is authorized to collaborate with universities, non-profits, and
other interested organizations and individuals to offer additional training to
local school council members on a regular basis during their term in office.
The board shall not be required to bear the cost of the required 3-day training
program or any additional training provided to local school council members
under this Section.
The board shall also offer training to aid local school councils in
developing principal evaluation procedures and criteria. The board shall
send out requests for proposals concerning this training and is authorized to
contract with universities, non-profits, and other interested organizations and
individuals to provide this training. The board is authorized to use funds
from private organizations, non-profits, or any other outside source as well
as its own funds for this purpose.
(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
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(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3-year local school
improvement plan shall be developed and implemented at each attendance center.
This plan shall reflect the overriding purpose of the attendance center to
improve educational quality. The local school principal shall develop a
school improvement plan in consultation with the local school council, all
categories of school staff, parents and community residents. Once the plan
is developed, reviewed by the professional personnel leadership committee,
and approved by the local school council, the
principal shall be responsible for directing implementation of the plan,
and the local school council shall monitor its implementation. After the
termination of the initial 3-year plan, a new 3-year plan shall be
developed and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve priority goals
including but not limited to:
(a) assuring that students show significant progress | ||
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(b) assuring that students attend school regularly | ||
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(c) assuring that students are adequately prepared | ||
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(d) assuring that students are adequately prepared | ||
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(e) assuring that students are, to the maximum extent | ||
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With respect to these priority goals, the school improvement plan shall
include but not be limited to the following:
(a) an analysis of data collected in the attendance | ||
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(b) a description of specific annual objectives the | ||
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(c) a description of the specific activities the | ||
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(d) an analysis of the attendance center's staffing | ||
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(e) a description of the key assumptions and | ||
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(f) a description of the steps that will be taken to | ||
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(g) a description of any steps which may be taken by | ||
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(h) a description of the steps the attendance center | ||
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(i) a description of any staff development program | ||
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(j) a description of the steps the local school | ||
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(k) a description of the steps the attendance center | ||
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(l) a description of the steps the attendance center | ||
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(m) a description of the steps the attendance center | ||
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(n) a description of the student need for and | ||
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Based on the analysis of data collected indicating specific strengths and
weaknesses of the attendance center, the school improvement plan may place
greater emphasis from year to year on particular priority goals, objectives,
and activities.
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
Sec. 34-2.4a. Professional personnel leadership committee.
(a) At each
attendance center operated pursuant to this Article, a professional
personnel leadership committee consisting of (i) up to 7
members
elected each school year who are licensed classroom teachers or
other licensed personnel, who are employed at the attendance
center, and
who desire to be members of the committee
and (ii) the 2 teacher members of the local school council. The teacher
members of the local school council shall serve as co-chairs of the
committee, or one teacher member of the local school council chosen by
the committee shall serve as chair of the committee.
The size of the committee shall be determined by the licensed classroom
teachers and other licensed personnel at the attendance center,
including the principal.
(b) The purpose of the committee is to develop and formally
present recommendations to the principal and the local school council on
all matters of educational program, including but not limited to
curriculum,
school improvement plan development and implementation, and school
budgeting.
(c) For the elected committee members, the principal
shall convene a publicized meeting of all licensed classroom teachers and
other licensed personnel, at which meeting those licensed classroom
teachers and other licensed personnel present, excluding the principal,
shall elect members to serve
on the
committee. A staff member eligible to vote
may vote for
the same number of candidates in the election as the number of members to
be elected, but votes shall not
be cumulated. Ties shall be determined by lot. Vacancies shall be filled
in like manner.
(d) All committee meetings shall be held before or after school
with no loss of instructional time. Committee members shall receive no
compensation for their activities as committee members.
(e) In furtherance of its purpose, the committee shall have the
authority to gather information from school staff through interviews, on
noninstructional time, without the prior approval of the principal, the local
school council, the board, the board's chief executive officer, or the chief
executive officer's administrative staff.
The committee shall meet once a month with the principal
to make recommendations to the principal regarding the specific
methods and contents of the school's curriculum and to make other
educational
improvement recommendations approved by the
committee. A report from the committee regarding these matters may be
an agenda item at each regular meeting of the local school council.
The principal shall provide the committee with the opportunity to
review and make recommendations regarding the school improvement
plan and school budget. The teacher members of the local school council
may bring motions concerning the recommendations approved by the
committee, which motions shall formally be considered at meetings of the local
school council.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. Beginning with the first local school council election that occurs after the effective date of this amendatory Act of the 102nd General Assembly, the provisions of
Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 and
those provisions of paragraph 1 of Section 34-18 and paragraph (c) of
Section 34A-201a relating to the allocation or application -- by formula or
otherwise -- of lump sum amounts and other funds to attendance centers
shall not apply to the
Cook County Juvenile Detention Center and Cook
County Jail schools, nor to the district's alternative schools for pregnant
girls, nor to alternative schools established under Article 13A, nor to a contract school,
nor to the
Michael R. Durso School, the Jackson Adult Center, the Hillard Adult
Center, the Alternative Transitional School, or any other attendance
center designated by the Board as an alternative school, nor to any school established as a teacher training academy, nor to any school with a specialty 2-year programming model, nor to any school established as a one-year school or program, nor to any school with a specialty student focus or transient student population, provided that the
designation is not applied to an attendance center that has in place a legally
constituted local school council, except for contract turnaround schools. The board of education shall have and
exercise with respect to those schools and with respect to the conduct,
operation, affairs and budgets of those schools, and with respect to the
principals, teachers and other school staff there employed, the same powers
which are exercisable by local school councils with respect to the other
attendance centers, principals, teachers and school staff within the
district, together with all powers and duties generally exercisable by the
board of education with respect to all attendance centers within the
district. The board of education shall develop appropriate alternative
methods for involving parents, community members and school staff to the
maximum extent possible in all of the activities of those schools, and may
delegate to the parents, community members and school staff so involved the
same powers which are exercisable by local school councils with respect to
other attendance centers.
(Source: P.A. 102-677, eff. 12-3-21.)
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(105 ILCS 5/34-2.4c)
Sec. 34-2.4c.
Whistle Blower Protection.
(a) In any case involving the disclosure of information by an employee of
the board of education or a local school council member, which the employee or
member reasonably believes evidences (1) a violation of any law, rule,
regulation, or policy, or (2) waste, fraud, mismanagement, abuse of authority,
or a danger to the health or safety of students or the public, the identity of
the employee or members may not be disclosed without the written consent of the
employee or member during any investigation of the information or related
matters.
(b) No disciplinary action may be taken against any employee or local
school council member for the disclosure of information by that employee or
local school council member that evidences (1) a violation of
any law, rule, regulation, or policy, or (2) waste, fraud, mismanagement, abuse
of authority, or a danger to the health or safety of a student or the public.
For the purposes of this Section, disciplinary action means any retaliatory
action taken against an employee or local school council member by the board of
education, employees of the board of education, local school councils, or
exclusive bargaining representatives of employees, including, but not limited
to, reprimand, suspension, discharge, demotion, involuntary transfer,
harassment, or denial of promotion or voluntary transfer.
(c) A violation of this Section shall be a Class A misdemeanor.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-2.5) (from Ch. 122, par. 34-2.5)
Sec. 34-2.5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-3) (from Ch. 122, par. 34-3) Sec. 34-3. Chicago School Reform Board of Trustees; new Chicago Board of Education; members; term; vacancies. (a) Within 30 days after the effective date of this amendatory Act of 1995, the terms of all members of the Chicago Board of Education holding office on that date are abolished and the Mayor shall appoint, without the consent or approval of the City Council, a 5 member Chicago School Reform Board of Trustees which shall take office upon the appointment of the fifth member. The Chicago School Reform Board of Trustees and its members shall serve until, and the terms of all members of the Chicago School Reform Board of Trustees shall expire on, June 30, 1999 or upon the appointment of a new Chicago Board of Education as provided in subsection (b), whichever is later. Any vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the City Council, for the unexpired term. One of the members appointed by the Mayor to the Trustees shall be designated by the Mayor to serve as President of the Trustees. The Mayor shall appoint a full-time, compensated chief executive officer, and his or her compensation as such chief executive officer shall be determined by the Mayor. The Mayor, at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer. (b) This subsection applies until January 15, 2025. Within 30 days before the expiration of the terms of the members of the Chicago Reform Board of Trustees as provided in subsection (a), a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor to take office on the later of July 1, 1999 or the appointment of the seventh member. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2002, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2003, and each member initially so appointed shall continue to hold office until his or her successor is appointed and qualified. (b-5) On January 15, 2025, the terms of all members of the Chicago Board of Education appointed under subsection (b) are abolished when the new board, consisting of 21 members, is appointed by the Mayor and elected by the electors of the school district as provided under subsections (b-10) and (b-15) and takes office. (b-10) By December 16, 2024, the Mayor shall appoint a President of the Board for a 2-year term that begins January 15, 2025. The Board shall elect annually from its number a vice-president, in such manner and at such time as the Board determines by its rules. The President appointed by the Mayor and Vice-President elected by the Board shall each perform the duties imposed upon their respective office by the rules of the Board, provided that (i) the President shall preside at meetings of the board and shall only have voting rights to break a voting tie of the other Chicago Board of Education elected and appointed members and (ii) the Vice-President shall perform the duties of the President if that office is vacant or the President is absent or unable to act. Beginning with the 2026 general election, one member shall be elected at large and serve as the President of the Board for a 4-year term that begins January 15, 2027. On and after January 15, 2027, the President of the Board shall preside at meetings of the Board and vote as any other member but have no power of veto. The Secretary of the Board shall be selected by the Board and shall be an employee of the Board rather than a member of the Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the Secretary shall be imposed by the rules of the Board. (b-15) For purposes of selection of members of the Chicago Board of Education, the City of Chicago shall be divided into 10 districts, and each of those 10 districts shall be subdivided into 2 subdistricts as provided in subsection (a) of Section 34-21.10. Until January 15, 2027, each district shall be represented by one member who is elected at the 2024 general election to a 2-year term that begins January 15, 2025 and one member who is appointed by the Mayor by no later than December 16, 2024 to a 2-year term that begins January 15, 2025. Each elected member shall reside within the district that the member represents, and each appointed member shall reside both within the district that the member represents and outside of the subdistrict within which the elected member of the district resides. Beginning January 15, 2027, each subdistrict shall be represented by one member who is elected at the 2026 general election. If a member is elected at the 2026 general election to fill the expired term of an appointed member, then the elected member shall serve a 2-year term that begins January 15, 2027. If a member is elected at the 2026 general election to fill the expired term of an elected member, then the member shall serve a 4-year term that begins January 15, 2027. If a member is elected at the 2026 general election to serve a 2-year term, then the member elected at the 2028 general election shall serve a 4-year term that begins January 15, 2029. If a member is elected at the 2026 general election to serve a 4-year term, then the member elected in that subdistrict at the 2030 general election shall serve a 2-year term that begins January 15, 2031. Beginning with the members elected at the 2032 general election, the members of each subdistrict shall serve two 4-year terms and one 2-year term for each 10-year period thereafter. As determined by lot, the terms of the members representing the subdistricts shall be the following: (1) the members representing 7 subdistricts shall be | ||
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(2) the members representing 7 subdistricts shall be | ||
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(3) the members representing 6 subdistricts shall be | ||
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Each elected member shall reside within the subdistrict that the member represents. (b-20) All elected and appointed members shall serve until a successor is appointed or elected and qualified. Whenever there is a vacancy in the office of an appointed member of the Board, the Mayor shall appoint a successor who has the same qualifications as the member's predecessor to fill the vacancy for the remainder of the unexpired term. Whenever there is a vacancy in the office of an elected member of the Board, the President of the Board shall notify the Mayor of the vacancy within 7 days after its occurrence and shall, within 30 days, fill the vacancy for the remainder of the unexpired term by majority vote of the remaining members of the Board. The successor to the elected member shall have the same qualifications as the member's predecessor. (b-30) The provisions of Section 10-9 of this Code apply to members of the Chicago Board of Education when the Board is considering any contract, work, or business of the district, and the provisions of the Public Officer Prohibited Activities Act that apply to persons holding elected or appointed public office also apply to members of the Board, notwithstanding any other provision of this Code or any law to the contrary. (c) The Board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the Board. The Board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of 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 5/34-3.1) (from Ch. 122, par. 34-3.1)
Sec. 34-3.1.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
Sec. 34-3.2.
Board training.
After January 1, 1990 all board members
shall participate in training provided by board employees or
not-for-profit organizations, including without limitation the following:
1. budget and revenue review;
2. education theory and governance;
3. governmental relations;
4. school-based management; and
5. State and federal education law and regulations.
(Source: P.A. 85-1418; 86-1477.)
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(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)
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)
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) (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) 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)
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) (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) (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) (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) (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) (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 | ||
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(2) Consider the principal's specific duties, | ||
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(3) Specify the principal's strengths and weaknesses, | ||
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(4) Align with research-based standards. (5) Use data and indicators on student growth as a | ||
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(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.) |
(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 and to the Illinois State Police in a form, manner, and
frequency as prescribed by the Illinois State Police.
The State Board of Education shall receive an annual statistical compilation
and related data associated with incidents involving firearms in schools from
the Illinois State Police. 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.)
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(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 | ||
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(2) Provide each candidate with a written, | ||
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(3) Provide remediation goals and other supportive | ||
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(4) Include provisions to ensure that no person is | ||
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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)
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)
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) (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 | ||
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(2) there is a pervasive breakdown in the educational | ||
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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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(2) to approve the school budget. 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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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 | ||
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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)
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)
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)
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 | ||
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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)
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 | ||
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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)
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) (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 | ||
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2. Detailed estimates, by funds, of all taxes to be | ||
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3. Estimates, by funds, of the amounts necessary for | ||
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4. Such other information concerning the financial | ||
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(Source: P.A. 77-2734.)
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(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) (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) (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) (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)
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) (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) (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) (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) (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) (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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(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise general
supervision and jurisdiction over the public education and the public
school system of the city, and, except as otherwise provided by this
Article, shall have power:
1. To make suitable provision for the establishment | ||
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2. To furnish lunches to pupils, to make a reasonable | ||
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3. To co-operate with the circuit court;
4. To make arrangements with the public or | ||
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5. To employ dentists and prescribe their duties for | ||
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6. To grant the use of assembly halls and classrooms | ||
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7. To apportion the pupils to the several schools; | ||
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8. To approve programs and policies for providing | ||
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9. Subject to the limitations in this Article, to | ||
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10. To employ non-teaching personnel or utilize | ||
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10.5. To utilize volunteer personnel from a regional | ||
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11. To provide television studio facilities in not to | ||
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12. To offer, if deemed appropriate, outdoor | ||
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13. During that period of the calendar year not | ||
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14. To insure against any loss or liability of the | ||
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15. To contract with the corporate authorities of any | ||
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16. (a) To provide, on an equal basis, access to a | ||
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(b) If a student or his or her parent or guardian | ||
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(c) A high school may require official recruiting | ||
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(d) Information received by an official recruiting | ||
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17. (a) To sell or market any computer program | ||
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(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed, | ||
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(2) "Computer program" means a series of coded | ||
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(3) "Proceeds" means profits derived from the | ||
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18. To delegate to the general superintendent of | ||
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19. Upon the written request of an employee, to | ||
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19a. Upon receipt of notice from the comptroller of a | ||
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20. The board is encouraged to employ a sufficient | ||
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21. To make available to students vocational and | ||
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(a) American Indian or Alaska Native (a person having | ||
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(b) Asian (a person having origins in any of the | ||
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(c) Black or African American (a person having | ||
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(d) Hispanic or Latino (a person of Cuban, Mexican, | ||
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(e) Native Hawaiian or Other Pacific Islander (a | ||
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Counseling days shall not be in lieu of regular | ||
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22. To report to the State Board of Education the | ||
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23. Except as otherwise provided in the Abused and | ||
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24. To develop a policy, based on the current state | ||
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25. To make available to the students in every high | ||
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26. To encourage mid-career changes into the teaching | ||
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27. To provide or contract out training programs for | ||
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28. To establish a fund for the prioritized special | ||
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29. (Blank);
30. Notwithstanding any other provision of this Act | ||
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31. To promulgate rules establishing procedures | ||
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32. To develop a policy to prevent nepotism in the | ||
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33. (Blank); and
34. To establish a Labor Management Council to the | ||
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The specifications of the powers herein granted are not to be
construed as exclusive, but the board shall also exercise all other
powers that may be requisite or proper for the maintenance and the
development of a public school system, not inconsistent with the other
provisions of this Article or provisions of this Code which apply to all
school districts.
In addition to the powers herein granted and authorized to be exercised
by the board, it shall be the duty of the board to review or to direct
independent reviews of special education expenditures and services.
The board shall file a report of such review with the General Assembly on
or before May 1, 1990.
(Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. 5-20-22; 103-8, eff. 1-1-24.)
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(105 ILCS 5/34-18.1) (from Ch. 122, par. 34-18.1)
Sec. 34-18.1.
Protection from suit.
The board shall insure
or indemnify and protect the board, Chicago Schools Academic Accountability
Council, former School Board Nominating Commission, Local School
Councils, or former Subdistrict Councils, any member of the board,
Chicago Schools Accountability Council, former School Board Nominating
Commission, Local School Council, or former Subdistrict
Council, or any agent, employee, teacher, student teacher, officer, or
member of the supervisory staff of the school district against financial
loss and expense, including reasonable legal fees and costs arising out of
any claim, demand, suit, or judgment by reason of alleged negligence,
alleged violation of civil rights occurring on or after September 5, 1967,
or alleged wrongful act resulting in death or bodily injury to any person
or accidental damage to or destruction of property, within or without the
school premises, provided such board member, agent, employee, teacher,
student teacher, officer or member of the supervisory staff, at the time of
the occurrence was acting under the direction of the board within the
course or scope of his duties.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-18.2) (from Ch. 122, par. 34-18.2)
Sec. 34-18.2.
Bilingual programs.
The Board of Education may provide programs in a language other than
English for those children whose first language is other than English.
Such programs are subject to the approval of the State Board of Education
pursuant to Article 14C of The School Code. Upon
approval of the program the Board shall be entitled to payment from the
State of Illinois for the services and materials required.
(Source: P.A. 81-1508.)
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(105 ILCS 5/34-18.3) (from Ch. 122, par. 34-18.3)
Sec. 34-18.3.
The Board of Education is authorized to establish and
implement peer assistance, tutorial programs whereby qualified, able
students assist less able students with their studies and course work. As
a part of such program the Board shall award appropriate recognition to
students furnishing such tutorial services. In addition, the Board is
authorized to cooperate with institutions of higher education and may
accept tutorial services provided by qualified students of such
institutions under the Educational Partnership Act, as now or hereafter amended.
(Source: P.A. 84-712.)
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(105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)
Sec. 34-18.4.
Before and after school programs.
The Board of Education
may develop and maintain
before school and after school programs for students in kindergarten through
the 6th grade. Such programs may include time for homework, physical
exercise, afternoon nutritional snacks and educational offerings which are
in addition to those offered during the regular school day. The chief administrator
in each district shall be a certified teacher or a person who meets the
requirements for supervising a day care center under the Child Care Act
of 1969. Individual programs shall be coordinated by certified teachers
or by persons who meet the requirements for supervising a day care center
under the Child Care Act of 1969. Additional employees who are not so qualified
may also be employed for such programs.
The schedule of these programs may follow the work calendar of the local
community rather than the regular school calendar. Parents or guardians
of the participating
students shall be responsible for providing transportation for the students
to and from the programs. The school board may charge parents of participating
students a fee, not to exceed the actual cost of such before and after school
programs.
(Source: P.A. 83-639.)
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(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. (a) Licensed and nonlicensed applicants for
employment with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history records check to determine if such applicants
have been convicted of any disqualifying, enumerated criminal or drug offense in
subsection (c) of this Section or have been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State. Authorization
for
the
check shall
be furnished by the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading specialist,
special education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than one
district, any such district may require the applicant to furnish
authorization for
the check to the regional superintendent of the
educational service region in which are located the school districts in
which the applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or the appropriate
regional superintendent, as the case may be, shall submit the applicant's
name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The regional
superintendent submitting the requisite information to the Illinois
State Police shall promptly notify the school districts in which the
applicant is seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee that
the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check. The Illinois State Police
shall charge
the school district
or the appropriate regional superintendent a fee for
conducting
such check, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the inquiry; and the
applicant shall not be charged a fee for
such check by the school
district or by the regional superintendent. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse the school district and regional superintendent for fees paid to obtain criminal history records checks under this Section. (a-5) The school district or regional superintendent shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, for each applicant. The check of the Statewide Sex Offender Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (a-6) The school district or regional superintendent shall further perform a check of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Community Notification Law, for each applicant. The check of the Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (b) Any
information concerning the record of convictions obtained by the president
of the board of education or the regional superintendent shall be
confidential and may only be transmitted to the general superintendent of
the school district or his designee, the appropriate regional
superintendent if
the check was requested by the board of education
for the school district, the presidents of the appropriate board of
education or school boards if
the check was requested from the Illinois
State Police by the regional superintendent, the State Board of Education and the school district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation and Licensure Board or any
other person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from the Illinois
State Police shall be provided to the applicant for
employment. Upon the check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district was requested
by the regional superintendent, and the Illinois State Police upon
a check ascertains that the applicant has not been convicted of any
of the enumerated criminal or drug offenses in subsection (c) of this Section
or has not been
convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, then the regional superintendent
shall issue to the applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not been
convicted of any of the enumerated criminal or drug offenses in subsection
(c) of this Section
or has not been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the applicant has not been identified in the Database. The school
board of any school district may rely on the certificate issued by any regional
superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee
or may initiate its own criminal history records check of
the applicant through the Illinois State Police and its own check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. (b-5) If a criminal history records check or check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database is performed by a regional superintendent for an applicant seeking employment as a substitute teacher with the school district, the regional superintendent may disclose to the State Board of Education whether the applicant has been issued a certificate under subsection (b) based on those checks. If the State Board receives information on an applicant under this subsection, then it must indicate in the Educator Licensure Information System for a 90-day period that the applicant has been issued or has not been issued a certificate. (c) The board of education shall not knowingly employ a person who has
been convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B-80 of this Code, except as provided under subsection (b) of 21B-80.
Further, the board of education shall not knowingly employ a person who has
been found to be the perpetrator of sexual or physical abuse of any minor under
18 years of age pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. As a condition of employment, the board of education must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (d) The board of education shall not knowingly employ a person for whom
a criminal history records check and a Statewide Sex Offender Database check have not been initiated. (e) Within 10 days after the general superintendent of schools, a regional office of education, or an entity that provides background checks of license holders to public schools receives information of a pending criminal charge against a license holder for an offense set forth in Section 21B-80 of this Code, the superintendent, regional office of education, or entity must notify the State Superintendent of Education of the pending criminal charge. No later than 15 business days after receipt of a record of conviction or of checking the Statewide Murderer and Violent Offender Against Youth Database or the Statewide Sex Offender Database and finding a registration, the general superintendent of schools or the applicable regional superintendent shall, in writing, notify the State Superintendent of Education of any license holder who has been convicted of a crime set forth in Section 21B-80 of this Code. Upon receipt of the record of a conviction of or a finding of child
abuse by a holder of any license
issued pursuant to Article 21B or Section 34-8.1 of this Code, the State Superintendent of
Education may initiate licensure suspension and revocation
proceedings as authorized by law. If the receipt of the record of conviction or finding of child abuse is received within 6 months after the initial grant of or renewal of a license, the State Superintendent of Education may rescind the license holder's license. (e-5) The general superintendent of schools shall, in writing, notify the State Superintendent of Education of any license holder whom he or she has reasonable cause to believe has committed (i) an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act or (ii) an act of sexual misconduct, as defined in Section 22-85.5 of this Code, and that act resulted in the license holder's dismissal or resignation from the school district and must include the Illinois Educator Identification Number (IEIN) of the license holder and a brief description of the misconduct alleged. This notification must be submitted within 30 days after the dismissal or resignation. The license holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to Article 21B of this Code, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action. (f) After March 19, 1990, the provisions of this Section shall apply to
all employees of persons or firms holding contracts with any school district
including, but not limited to, food service workers, school bus drivers and
other transportation employees, who have direct, daily contact with the
pupils of any school in such district. For purposes of criminal history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding contracts with more
than one school district and assigned to more than one school district, the
regional superintendent of the educational service region in which the
contracting school districts are located may, at the request of any such
school district, be responsible for receiving the authorization for
a criminal history records check prepared by each such employee and submitting the same to the Illinois
State Police and for conducting a check of the Statewide Sex Offender Database for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the appropriate school board
or school boards. (f-5) Upon request of a school or school district, any information obtained by the school district pursuant to subsection (f) of this Section within the last year must be made available to the requesting school or school district. (g) Prior to the commencement of any student teaching experience or required internship (which is referred to as student teaching in this Section) in the public schools, a student teacher is required to authorize a fingerprint-based criminal history records check. Authorization for and payment of the costs of the check must be furnished by the student teacher to the school district. Upon receipt of this authorization and payment, the school district shall submit the student teacher's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the board. The Illinois State Police shall charge the school district a fee for conducting the check, which fee must not exceed the cost of the inquiry and must be deposited into the State Police Services Fund. The school district shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each student teacher. The board may not knowingly allow a person to student teach for whom a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check have not been completed and reviewed by the district. A copy of the record of convictions obtained from the Illinois State Police must be provided to the student teacher. Any information concerning the record of convictions obtained by the president of the board is confidential and may only be transmitted to the general superintendent of schools or his or her designee, the State Superintendent of Education, the State Educator Preparation and Licensure Board, or, for clarification purposes, the Illinois State Police or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. The board may not knowingly allow a person to student teach who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to subsection (c) of Section 21B-80 of this Code, except as provided under subsection (b) of Section 21B-80. Further, the board may not allow a person to student teach if he or she has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. The board must consider the status of a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (h) (Blank).(Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
Sec. 34-18.6. Child abuse and neglect; detection,
reporting, and prevention; willful or negligent failure to report. (a) The Board of Education may provide staff
development for local school site personnel who work with pupils in grades
kindergarten through 8 in the detection, reporting, and prevention of child
abuse and neglect.
(b) The Department of Children and Family Services may, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6 of the Abused and Neglected Child Reporting Act, including methods of making a report under Section 7 of the Abused and Neglected Child Reporting Act, to be displayed in a clearly visible location in each school building. (c) Except for an employee licensed under Article 21B of this Code, if the board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the board may dismiss that employee immediately upon that determination. For purposes of this subsection (c), negligent failure to report an instance of suspected child abuse or neglect occurs when a school district employee personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 101-531, eff. 8-23-19.)
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(105 ILCS 5/34-18.6a) (from Ch. 122, par. 34-18.6a)
Sec. 34-18.6a.
Orders of protection.
The board of education
may prohibit the disclosure by any school employee to any person
against whom the school district has received a certified copy
of an order of protection the location or address of the petitioner
for the order of protection or the identity of the schools in the
district in which the petitioner's child or children are enrolled.
The school district shall maintain the copy of the order of
protection in the records of the child or children enrolled in
the district whose parent is the petitioner of an order of protection.
(Source: P.A. 87-437.)
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(105 ILCS 5/34-18.7) (from Ch. 122, par. 34-18.7) (Section scheduled to be repealed on July 1, 2024) Sec. 34-18.7. Youth mental illness and suicide detection and intervention. At least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness and suicidal behavior in youth and shall be taught various intervention techniques. The school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this Section. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this Section. The training shall be provided within the framework of existing in-service training programs offered by the Board or as part of the professional development activities required under Section 21-14 of this Code.(Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20. Repealed by P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8) (Section scheduled to be repealed on July 1, 2024) Sec. 34-18.8. HIV training. School counselors, nurses, teachers, school social workers, and other school personnel who work with students shall be trained to have a basic knowledge of matters relating to human immunodeficiency virus (HIV), including the nature of the infection, its causes and effects, the means of detecting it and preventing its transmission, the availability of appropriate sources of counseling and referral, and any other medically accurate information that is age and developmentally appropriate for such students. The Board of Education shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.(Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21; 102-813, eff. 5-13-22. Repealed by P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/34-18.9) (from Ch. 122, par. 34-18.9)
Sec. 34-18.9.
Electronic paging devices on school property.
(a) The
General Assembly finds and declares that the educational development of all
persons to the limits of their capacities is a fundamental goal of the
people of this State, that to achieve such goal it is essential to provide
a safe and secure learning environment within the public schools, and that
the unrestricted and unregulated use by students of pocket pagers and
similar electronic paging devices on school grounds or in school buildings
which are owned, occupied or leased by the board of education for school
purposes and activities adversely affects the educational environment,
welfare and safety of students enrolled in the public schools, in that
pocket pagers and similar electronic paging devices are being regularly
used for the conduct of unlawful activities during school hours and on
school property, including activities directly related to the unlawful
possession, sale, delivery or other trafficking in drugs or other
substances which constitute a "controlled substance" as that term is
defined in the Illinois Controlled Substances Act.
It is the purpose and intention of the General Assembly, in enacting this
legislation, to reduce or eliminate the occurrence of such unlawful
activities during school hours and on school property by restricting and
regulating student use or possession of pocket pagers and similar
electronic paging devices as provided in this Section, and by providing for
the imposition of appropriate discipline and sanctions for any violation
of the provisions of this Section.
(b) No student shall use or have in his or her possession any pocket
pager or similar electronic paging device while in any school building or
on any school property, during regular school hours or at any other time,
unless the use or possession of such device by such student has first been
expressly authorized by the principal acting in accordance with
standards developed as provided in subsection (c) for the granting of
approved exceptions to the general prohibition of this Section against such
use or possession.
(c) The board of education shall develop and promulgate
written standards, which shall be furnished by the board of education to
each principal, under which a principal:
(1) may authorize the use or possession of a pocket | ||
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(2) may impose appropriate discipline or other | ||
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(Source: P.A. 86-791.)
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(105 ILCS 5/34-18.10) (from Ch. 122, par. 34-18.10)
Sec. 34-18.10. Minority recruitment policy. The board of education
shall develop and implement a policy of recruitment and hiring of
minority teachers, other licensed employees, and nonlicensed
employees, including custodians, lunch room staff, and teacher aides.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-18.10a) (from Ch. 122, par. 34-18.10a)
Sec. 34-18.10a.
Transfer of employees.
The employment of an employee
of the Illinois Chapter I 89-313 special education
program transferred from
the DuPage County Superintendent of Education to the Chicago Board of
Education shall be considered continuous employment.
(Source: P.A. 87-1107.)
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(105 ILCS 5/34-18.11) (from Ch. 122, par. 34-18.11)
Sec. 34-18.11. Tobacco prohibition. The Board of Education shall prohibit
the use of tobacco on school property when such property is being used for
any school purposes. Neither the board nor the local school
council may
authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including without limitation outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" include but are not limited to
all events or activities or other use of school property that the school
board or school officials authorize or permit on school property, including
without limitation all
interscholastic or extracurricular athletic, academic or other events
sponsored by the school board or in which pupils of the district
participate. For purposes of this Section "tobacco" shall mean a cigarette, a
cigar, or tobacco in any other form, including smokeless tobacco which is
any loose, cut, shredded, ground, powdered, compressed or leaf tobacco that
is intended to be placed in the mouth without being smoked.
(Source: P.A. 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.12) (from Ch. 122, par. 34-18.12)
Sec. 34-18.12.
Inspection for drugs.
The Board of Education is
empowered to authorize school officials to request the assistance of law
enforcement officials for the purpose of conducting reasonable searches of
school grounds and lockers for illegal drugs, including searches conducted
through the use of specially trained dogs.
(Source: P.A. 86-850; 86-1028.)
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(105 ILCS 5/34-18.13) (from Ch. 122, par. 34-18.13)
Sec. 34-18.13.
Infectious disease policies and rules.
The Board of
Education shall develop policies and adopt rules relating to the
appropriate manner of managing children with chronic infectious diseases,
not inconsistent with guidelines published by the State Board of Education
and the Illinois Department of Public Health. Such policies and rules must
include evaluation of students with a chronic infectious disease on an
individual case-by-case basis, and may include different provisions for
different age groups, classes of instruction, types of educational
institution, and other reasonable classifications, as the Board may find
appropriate.
(Source: P.A. 86-890; 86-1028.)
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(105 ILCS 5/34-18.14) (from Ch. 122, par. 34-18.14)
Sec. 34-18.14.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of all persons to the limits of their capacities is a fundamental
goal of the people of this State and that to achieve such goal it is essential
to provide a safe and secure learning environment within the public schools.
While recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The board may establish appropriate rules and disciplinary
procedures governing the use or possession of cellular radio telecommunication
devices by a student while in a school or on school property, during regular
school hours, or at any other time.
(Source: P.A. 92-793, eff. 8-9-02.)
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(105 ILCS 5/34-18.15) (from Ch. 122, par. 34-18.15)
Sec. 34-18.15. Recycled paper and paper products and solid waste management.
(a) Definitions. As used in this Section, the following terms shall have
the meanings indicated, unless the context otherwise requires:
"Deinked stock" means paper that has been processed to remove inks,
clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset printing paper,
duplicator paper, writing paper (stationery), tablet paper, office paper,
note pads, xerographic paper, envelopes, form bond including computer
paper and carbonless forms, book papers, bond papers, ledger paper, book
stock and cotton fiber papers.
"Paper and paper products" means high grade printing and writing papers,
tissue products, newsprint, unbleached packaging and recycled paperboard.
"Postconsumer material" means only those products generated by a business
or consumer which have served their intended end uses, and which have been
separated or diverted from solid waste; wastes generated during the
production of an end product are excluded.
"Recovered paper material" means paper waste generated after the
completion of the papermaking process, such as postconsumer materials,
envelope cuttings, bindery trimmings, printing waste, cutting and
other converting waste, butt rolls, and mill wrappers, obsolete inventories,
and rejected unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing process as fibers
recovered from waste water or trimmings of paper machine rolls (mill
broke), or fibrous byproducts of harvesting, extraction or woodcutting
processes, or forest residues such as bark.
"Recycled paperboard" includes paperboard products, folding cartons
and pad backings.
"Tissue products" includes toilet tissue, paper towels, paper napkins,
facial tissue, paper doilies, industrial wipers, paper bags and brown
papers. These products shall also be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber storage boxes.
(a-5) The school district shall periodically review its procurement procedures and specifications related to the purchase of products and supplies. Those procedures and specifications must be modified as necessary to require the school district to seek out products and supplies that contain recycled materials and to ensure that purchased products and supplies are reusable, durable, or made from recycled materials, if economically and practically feasible. In selecting products and supplies that contain recycled material, preference must be given to products and supplies that contain the highest amount of recycled material and that are consistent with the effective use of the product or supply, if economically and practically feasible. (b) Wherever economically and practically feasible, as determined by the
board of education, the board of education, all public schools and
attendance centers within the school district, and their school supply
stores shall procure recycled paper and paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total | ||
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(2) Beginning July 1, 2011, at least 25% of the total | ||
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(3) Beginning July 1, 2014, at least 50% of the total | ||
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(4) Beginning July 1, 2020, at least 75% of the total | ||
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(5) Beginning upon the effective date of this | ||
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(c) Paper and paper products purchased from private sector vendors
pursuant to printing contracts are not considered paper and paper products
for the purposes of subsection (b), unless purchased under contract for
the printing of student newspapers.
(d)(1) Wherever economically and practically feasible, the recycled
paper and paper products referred to in subsection (b) shall contain
postconsumer or recovered paper materials as specified by paper category in
this subsection:
(i) Recycled high grade printing and writing paper | ||
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(ii) Recycled tissue products, until July 1, 1994, | ||
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(iii) Recycled newsprint, until July 1, 1994, shall | ||
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(iv) Recycled unbleached packaging, until July 1, | ||
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(v) Recycled paperboard, until July 1, 1994, shall | ||
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(2) For the purposes of this Section, "postconsumer | ||
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(i) paper, paperboard, and fibrous waste from | ||
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(ii) all paper, paperboard, and fibrous wastes | ||
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(3) For the purpose of this Section, "recovered paper | ||
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(i) postconsumer material;
(ii) dry paper and paperboard waste generated | ||
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(iii) finished paper and paperboard from obsolete | ||
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by the board of
education or any public school or attendance center within the school
district, or which are sold in any school supply store operated by or
within any such school or attendance center, other than newspapers
written, edited or produced by students enrolled in the school district,
public school or attendance center.
(e-5) The school district shall periodically review its procedures on solid waste reduction regarding the management of solid waste generated by academic, administrative, and other institutional functions. Those waste reduction procedures must be designed to, when economically and practically feasible, recycle the school district's waste stream, including without limitation landscape waste, computer paper, and white office paper. The school district is encouraged to have procedures that provide for the investigation of potential markets for other recyclable materials that are present in the school district's waste stream. The waste reduction procedures must be designed to achieve, before July 1, 2020, at least a 50% reduction in the amount of solid waste that is generated by the school district. (f) The State Board of Education, in coordination with the Department of
Central Management Services, may adopt such
rules and regulations as it deems necessary
to assist districts in carrying out the provisions of this Section.
(Source: P.A. 102-444, eff. 8-20-21.)
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(105 ILCS 5/34-18.16) (from Ch. 122, par. 34-18.16)
Sec. 34-18.16.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-18.17)
Sec. 34-18.17.
No pass-no play policy.
Beginning with the 1998-99 school
year, the board of education
shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
grades 9 through 12 who fails to maintain a specified minimum grade point
average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school-sponsored or
school-supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. The board of education shall adopt a policy as required
by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the board of education shall file a report with
the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the board of education already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90-548, eff. 1-1-98.)
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(105 ILCS 5/34-18.18)
Sec. 34-18.18.
Occupational standards.
The Board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91-175, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(105 ILCS 5/34-18.19)
Sec. 34-18.19. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/34-18.20)
Sec. 34-18.20. Time out, isolated time out, restraint, and necessities; limitations and prohibitions. (a) The General Assembly finds and declares that the use of isolated time
out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate
goal is to reduce and eventually eliminate the use of those interventions. The General Assembly also finds and declares that the State Board of Education
must take affirmative action to lead and support schools in
transforming the school culture to reduce and eliminate the use of all
such interventions over time. (b) In this Section: "Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms. "Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure. "Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway or similar environment. "Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students. "Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property. "Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position. "Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. (c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression. Mechanical restraint and chemical restraint are prohibited. Prone restraint is prohibited except when all of the following conditions are satisfied: (1) The student's Behavior Intervention Plan | ||
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(2) The Behavior Intervention Plan was put into place | ||
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(3) The student's Behavior Intervention Plan has been | ||
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(4) The school staff member or staff members applying | ||
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(5) The school must be able to document and | ||
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(6) The use of prone restraint occurs within the | ||
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All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint. (d) The use
of any of the following rooms or enclosures for an isolated time out or time out purposes is
prohibited:
(1) a locked room or a room in which the door is | ||
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(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually | ||
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(4) any other room or enclosure or time out procedure | ||
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(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited: (1) food or liquid at a time when it is customarily | ||
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(2) medication; or (3) the use of a restroom. (f) (Blank). (g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference. The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred. A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record. (h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report to the State Board
of Education the incident, including the events
leading up to the incident, what alternative measures that are less
restrictive and intrusive were used prior to the use of isolated time out, time out, or
physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the
student was in isolated time out or time out or was restrained, and the staff involved. The parents or
guardian of a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the following
information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each
incident in which isolated time out, time out, or physical restraint is used during
the school year, in printed form or, upon the written request of
the parent or guardian, by email: (1) a copy of the standards for when isolated time | ||
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(2) information about the rights of parents, | ||
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(3) information about the parent's or guardian's | ||
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(i) Any use of isolated time out, time out, or physical restraint that is permitted by the board's policy shall be implemented in accordance with written procedures.(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
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(105 ILCS 5/34-18.21)
Sec. 34-18.21.
Medicaid-eligible children; health care resources.
As authorized by federal law, the school district may access federally funded
health care resources if the school district provides early periodic screening
and diagnostic
testing services, including screening and diagnostic services, health care
and treatment, preventive health care, or any other measure, to correct
or improve health impairments of Medicaid-eligible children.
(Source: P.A. 91-842, eff. 6-22-00.)
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(105 ILCS 5/34-18.22)
Sec. 34-18.22.
Unfilled teaching positions list.
The school district
must post a current list of all unfilled teaching positions in the district
on its Internet web site. The State Board of Education's Internet web site
must provide a link to this list.
(Source: P.A. 92-41, eff. 7-1-01.)
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(105 ILCS 5/34-18.23)
Sec. 34-18.23. Medical information form for bus drivers and
emergency medical technicians. The school district is encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.24)
(Text of Section before amendment by P.A. 102-466) Sec. 34-18.24. Transfer of students.
(a) The board shall
establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) The board shall establish and implement a policy governing the
transfer of students within the school district from a persistently dangerous
attendance center to another attendance center in that district that is not
deemed to be
persistently dangerous.
In order to be considered a persistently dangerous attendance center, the
attendance center must meet all of the following criteria for 2 consecutive
years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one attendance center to
another attendance center within the district if the student is a victim of a
violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) (Blank).
(Source: P.A. 100-1046, eff. 8-23-18.)
(Text of Section after amendment by P.A. 102-466) Sec. 34-18.24. Transfer of students.
(a) The board shall
establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) The board shall establish and implement a policy governing the
transfer of students within the school district from a persistently dangerous
attendance center to another attendance center in that district that is not
deemed to be
persistently dangerous.
In order to be considered a persistently dangerous attendance center, the
attendance center must meet all of the following criteria for 2 consecutive
years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one attendance center to
another attendance center within the district if the student is a victim of a
violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) (Blank).
(e) Notwithstanding any other provision of this Code, a student who is a victim of domestic or sexual violence, as defined in Article 26A, must be allowed to transfer to another school immediately and as needed if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. A student who transfers to another school under this subsection (e) due to domestic or sexual violence must have full and immediate access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. The school district may not require a student who is a victim of domestic or sexual violence to transfer to another school. No adverse or prejudicial effects may result to any student who is a victim of domestic or sexual violence because of the student availing himself or herself of or declining the provisions of this subsection (e). The school district may require a student to verify his or her claim of domestic or sexual violence under Section 26A-45 before approving a transfer to another school under this subsection (e). (Source: P.A. 102-466, eff. 7-1-25.)
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(105 ILCS 5/34-18.25) (Text of Section before amendment by P.A. 103-542) Sec. 34-18.25. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) The board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. The policy must require that, at least once every 2 years, the in-service training of certified school personnel and administrators include training on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a professional worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian.(Source: P.A. 95-331, eff. 8-21-07.) (Text of Section after amendment by P.A. 103-542) Sec. 34-18.25. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) The board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a qualified worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian.(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/34-18.26)
Sec. 34-18.26. Sharing information on school lunch applicants. The board shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of Public Aid),
agree in writing with the Department of Healthcare and Family Services (as
the State agency that administers the State Medical Assistance Program
as provided in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI of the
federal Social Security Act) to share with the Department of Healthcare and Family Services
information on applicants for free or reduced-price lunches.
The board shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of Public Aid),
require each of its schools to agree in writing with the Department of Healthcare and Family Services to share with the Department of Healthcare and Family Services information on
applicants for free or reduced-price lunches.
This
sharing of information shall be for the sole purpose of helping the
Department of Healthcare and Family Services identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance Program or
both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.27)
Sec. 34-18.27. Summer kindergarten. The board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education,
may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer
kindergarten program shall be the responsibility of the school district.
The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise
made available to the school district for that purpose by federal or
State appropriation.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.28)
Sec. 34-18.28. Prison tour pilot program. The board shall establish a pilot program to
prevent crime by developing guidelines to identify students at risk of
committing crimes. "Students at risk of committing crimes" shall be
limited to those students who have engaged in serious acts of
misconduct in violation of the board's policy on discipline.
This program, in
cooperation with the Department of Corrections, shall include a guided tour of
a prison for each student so identified in order to discourage criminal
behavior.
The touring of a prison
under this Section shall be subject to approval, in writing, of a student's
parent or guardian.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.29)
Sec. 34-18.29. Provision of student information prohibited. The school
district, including its agents, employees, student or alumni associations, or any affiliates,
may not provide a student's name, address, telephone
number, social security number, e-mail address, or other personal
identifying information to a business organization or financial institution
that issues credit or debit cards.
(Source: P.A. 95-331, eff. 8-21-07; 96-261, eff. 1-1-10.)
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(105 ILCS 5/34-18.30)
Sec. 34-18.30. Dependents of military personnel; no tuition charge. If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of the school district, but will be living within the district within 6 months after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this Section, and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this Section shall provide proof that the dependent will be living within the district within 6 months after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district. Non-resident dependents of United States military personnel attending school on a tuition-free basis may be counted for the purposes
of determining the apportionment of State aid provided under Section 18-8.05 or 18-8.15 of this Code.
(Source: P.A. 102-126, eff. 7-23-21.) |
(105 ILCS 5/34-18.31)
Sec. 34-18.31. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/34-18.32) Sec. 34-18.32. Healthy Kids - Healthy Minds Expanded Vision Program. Because 80% of a child's learning is felt to be through the visual system, the board shall establish a program to identify students who are in need of basic vision care, yet are not covered by insurance or public assistance or do not have the financial ability to pay for services and therefore are not receiving appropriate vision care, to be known as the Healthy Kids - Healthy Minds Expanded Vision Program. Through this program, subject to appropriation, the district, in cooperation with health care providers, shall serve students at a minimum or no cost to the students. The program may provide, but is not limited to, vision examinations and glasses. Eligibility for services must be determined by prioritization of students based on both physical and financial need.
(Source: P.A. 94-137, eff. 1-1-06.) |
(105 ILCS 5/34-18.33)
Sec. 34-18.33. Principal mentoring program. Beginning on July 1, 2007, and subject to an annual appropriation by the General Assembly, the school district shall develop a principal mentoring program. The school district shall submit a copy of its principal mentoring program to the State Board of Education for its review and public comment. Whenever a substantive change has been made by the school district to its principal mentoring program, these changes must be submitted to the State Board of Education for review and comment.
(Source: P.A. 94-1039, eff. 7-20-06.) |
(105 ILCS 5/34-18.34)
Sec. 34-18.34. Student biometric information.
(a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans. (b) If the school district collects biometric information from students, the district shall adopt a policy that requires, at a minimum, all of the following: (1) Written permission from the individual who has | ||
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(2) The discontinuation of use of a student's | ||
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(A) upon the student's graduation or withdrawal | ||
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(B) upon receipt in writing of a request for | ||
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(3) The destruction of all of a student's biometric | ||
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(4) The use of biometric information solely for | ||
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(5) A prohibition on the sale, lease, or other | ||
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(A) the individual who has legal custody of the | ||
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(B) the disclosure is required by court order. (6) The storage, transmittal, and protection of all | ||
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(c) Failure to provide written consent under item (1) of subsection (b) of this Section by the individual who has legal custody of the student or by the student, if he or she has reached the age of 18, must not be the basis for refusal of any services otherwise available to the student.
(d) Student biometric information may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the use of the biometric information is discontinued in accordance with item (2) of subsection (b) of this Section. (Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09; 95-876, eff. 8-21-08.) |
(105 ILCS 5/34-18.35) Sec. 34-18.35. Use of facilities by community organizations. The board is encouraged to allow community organizations to use school facilities during non-school hours. If the board allows a community organization to use school facilities during non-school hours, the board must adopt a formal policy governing the use of school facilities by community organizations during non-school hours. The policy shall prohibit such use if it interferes with any school functions or the safety of students or school personnel or affects the property or liability of the school district.
(Source: P.A. 95-308, eff. 8-20-07; 95-876, eff. 8-21-08.) |
(105 ILCS 5/34-18.36) Sec. 34-18.36. Wind and solar farms. The school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08; 96-725, eff. 8-25-09.) |
(105 ILCS 5/34-18.37)
Sec. 34-18.37. Veterans' Day; moment of silence. If a school holds any type of event at the school on November 11, Veterans' Day, the board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)
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(105 ILCS 5/34-18.38)
Sec. 34-18.38. Administrator and teacher salary and benefits; report. The board shall report to the State Board of Education, on or before October 1 of each year, the base salary and benefits of the general superintendent of schools or chief executive officer and all administrators and teachers employed by the school district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.
Prior to this annual reporting to the State Board of Education, the information must be presented at a regular board meeting, subject to applicable notice requirements, and then posted on the Internet website of the school district, if any. (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-256, eff. 1-1-12.)
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(105 ILCS 5/34-18.39)
Sec. 34-18.39. Radon testing. (a) It is recommended that every occupied school building of the school district be tested every 5 years for radon pursuant to rules established by the Illinois Emergency Management Agency (IEMA). (b) It is recommended that new schools of the school district be built using radon resistant new construction techniques, as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings. (c) The school district may maintain, make available for review, and notify parents and faculty of test results under this Section. The district shall report radon test results to the State Board of Education, which shall prepare a report every 2 years of the results from all schools that have performed tests, to be submitted to the General Assembly and the Governor. (d) If IEMA exempts an individual from being required to be a licensed radon professional, the individual does not need to be a licensed radon professional in order to perform screening tests under this Section. The school district may elect to have one or more employees from the district attend an IEMA-approved, Internet-based training course on school testing in order to receive an exemption to conduct testing in the school district. These school district employees must perform the measurements in accordance with procedures approved by IEMA. If an exemption from IEMA is not received, the school district must use a licensed radon professional to conduct measurements. (e) If the results of a radon screening test under this Section are found to be 4.0 pCi/L or above, the school district may hire a licensed radon professional to perform measurements before any mitigation decisions are made. If radon levels of 4.0 pCi/L or above are found, it is recommended that affected areas be mitigated by a licensed radon mitigation professional with respect to both design and installation. IEMA may provide the school district with a list of licensed radon mitigation professionals. (f) A screening test under this Section may be done with a test kit found in a hardware store, department store, or home improvement store or with a kit ordered through the mail or over the Internet. However, the kit must be provided by a laboratory licensed in accordance with the Radon Industry Licensing Act.
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/34-18.40)
Sec. 34-18.40. Compliance with Chemical Safety Acts. The Board of Education must adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act. The superintendent must designate a staff person who is responsible for compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/34-18.41)
Sec. 34-18.41. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/34-18.42)
Sec. 34-18.42. Press boxes; accessibility. The board does not have to comply with the Illinois Accessibility Code (71 Ill. Adm. Code 400) with respect to accessibility to press boxes that are on school property if the press boxes were constructed before the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-674, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/34-18.43) Sec. 34-18.43. Establishing an equitable and effective school facility development process. (a) The General Assembly finds all of the following: (1) The Illinois Constitution recognizes that a | ||
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(2) Quality educational facilities are essential for | ||
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(3) The public school is a major institution in our | ||
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(4) The equitable and efficient use of available | ||
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(5) School openings, school closings, school | ||
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(6) The General Assembly has previously stated that | ||
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(b) In order to ensure that school facility-related decisions are made with the input of the community and reflect educationally sound and fiscally responsible criteria, a Chicago Educational Facilities Task Force shall be established within 15 days after the effective date of this amendatory Act of the 96th General Assembly. (c) The Chicago Educational Facilities Task Force shall consist of all of the following members: (1) Two members of the House of Representatives | ||
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(2) Two members of the House of Representatives | ||
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(3) Two members of the Senate appointed by the | ||
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(4) Two members of the Senate appointed by the | ||
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(5) Two representatives of school community | ||
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(6) Two representatives of school community | ||
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(7) The chief executive officer of the school | ||
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(8) The president of the union representing teachers | ||
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(9) The president of the association representing | ||
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(d) The Speaker of the House shall appoint one of the appointed House members as a co-chairperson of the Chicago Educational Facilities Task Force. The President of the Senate shall appoint one of the appointed Senate members as a co-chairperson of the Chicago Educational Facilities Task Force. Members appointed by the legislative leaders shall be appointed for the duration of the Chicago Educational Facilities Task Force; in the event of a vacancy, the appointment to fill the vacancy shall be made by the legislative leader of the same chamber and party as the leader who made the original appointment. (e) The Chicago Educational Facilities Task Force shall call on independent experts, as needed, to gather and analyze pertinent information on a pro bono basis, provided that these experts have no previous or on-going financial interest in school facility issues related to the school district. The Chicago Educational Facilities Task Force shall secure pro bono expert assistance within 15 days after the establishment of the Chicago Educational Facilities Task Force. (f) The Chicago Educational Facilities Task Force shall be empowered to gather further evidence in the form of testimony or documents or other materials. (g) The Chicago Educational Facilities Task Force, with the help of the independent experts, shall analyze past Chicago experiences and data with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions on students. The Chicago Educational Facilities Task Force shall consult widely with stakeholders, including public officials, about these facility issues and their related costs and shall examine relevant best practices from other school systems for dealing with these issues systematically and equitably. These initial investigations shall include opportunities for input from local stakeholders through hearings, focus groups, and interviews. (h) The Chicago Educational Facilities Task Force shall prepare recommendations describing how the issues set forth in subsection (g) of this Section can be addressed effectively based upon educationally sound and fiscally responsible practices. (i) The Chicago Educational Facilities Task Force shall hold hearings in separate areas of the school district at times that shall maximize school community participation to obtain comments on draft recommendations. The final hearing shall take place no later than 15 days prior to the completion of the final recommendations. (j) The Chicago Educational Facilities Task Force shall prepare final proposed policy and legislative recommendations for the General Assembly, the Governor, and the school district. The recommendations may address issues, standards, and procedures set forth in this Section. The final recommendations shall be made available to the public through posting on the school district's Internet website and other forms of publication and distribution in the school district at least 7 days before the recommendations are submitted to the General Assembly, the Governor, and the school district. (k) The recommendations may address issues of system-wide criteria for ensuring clear priorities, equity, and efficiency. Without limitation, the final recommendations may propose significant decision-making roles for key stakeholders, including the individual school and community; recommend clear criteria or processes for establishing criteria for making school facility decisions; and include clear criteria for setting priorities with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions, including the encouragement of multiple community uses for school space. Without limitation, the recommendations may propose criteria for student mobility; the transferring of students to lower performing schools; teacher mobility; insufficient notice to and the lack of inclusion in decision-making of local school councils, parents, and community members about school facility decisions; and costly facilities-related expenditures due to poor educational and facilities planning. (l) The State Board of Education and the school district shall provide administrative support to the Chicago Educational Facilities Task Force.
(m) After recommendations have been issued, the Chicago Educational Facilities Task Force shall meet upon the call of the chairs, for the purpose of reviewing Chicago public schools' compliance with the provisions of Sections 34-200 through 34-235 of this Code concerning school action and facility master planning. The Task Force shall prepare a report to the General Assembly, the Governor's Office, the Mayor of the City of Chicago, and the Chicago Board of Education indicating how the district has met the requirements of the provisions of Sections 34-200 through 34-235 of this Code concerning school action and facility master planning. (Source: P.A. 102-539, eff. 8-20-21.) |
(105 ILCS 5/34-18.44) Sec. 34-18.44. American Sign Language courses. The school board is encouraged to implement American Sign Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.) |
(105 ILCS 5/34-18.45) Sec. 34-18.45. Minimum reading instruction. The board shall promote 60 minutes of minimum reading opportunities daily for students in kindergarten through 3rd grade whose reading level is one grade level or lower than their current grade level according to current learning standards and the school district.
(Source: P.A. 97-88, eff. 7-8-11; 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.) |
(105 ILCS 5/34-18.46)
Sec. 34-18.46. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-245, eff. 8-3-15.)
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(105 ILCS 5/34-18.47) Sec. 34-18.47. Youth program. The board may develop a plan for implementing a program that seeks to establish common bonds between youth of various backgrounds and ethnicities, which may be similar to that of the Challenge Day organization.
(Source: P.A. 97-909, eff. 1-1-13; 98-463, eff. 8-16-13.) |
(105 ILCS 5/34-18.48) Sec. 34-18.48. Bring Your Parents to School Day. The board may designate the first Monday in October of each year "Bring Your Parents to School Day" to promote parental involvement and student success. On this day, the board may permit the parents or guardians of students to attend class with their children and meet with teachers and administrators during the school day.
(Source: P.A. 98-304, eff. 1-1-14.) |
(105 ILCS 5/34-18.49) Sec. 34-18.49. Carbon monoxide alarm required. (a) In this Section: "Approved carbon monoxide alarm" and "alarm" have the meaning ascribed to those terms in the Carbon Monoxide Alarm Detector Act. "Carbon monoxide detector" and "detector" mean a device having a sensor that responds to carbon monoxide gas and that is connected to an alarm control unit and approved in accordance with rules adopted by the State Fire Marshal. (b) The board shall require that each school under its authority be equipped with approved carbon monoxide alarms or carbon monoxide detectors. The alarms must be powered as follows: (1) For a school designed before January 1, 2016 (the | ||
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(2) For a school designed on or after January 1, 2016 | ||
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Alarms or detectors must be located within 20 feet of a carbon monoxide emitting device. Alarms or detectors must be in operating condition and be inspected annually. A school is exempt from the requirements of this Section if it does not have or is not close to any sources of carbon monoxide. A school must require plans, protocols, and procedures in response to the activation of a carbon monoxide alarm or carbon monoxide detection system.
(Source: P.A. 99-470, eff. 1-1-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/34-18.50) Sec. 34-18.50. Accelerate College pilot program. The district may enter into an Accelerate College educational partnership agreement as authorized under Section 3-42.4 of the Public Community College Act.
(Source: P.A. 99-611, eff. 7-22-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/34-18.51) Sec. 34-18.51. Committee on the retention of students. (a) The board may create a committee on the retention of students. The committee shall consist of the general superintendent of schools or his or her designee, a district administrator who directs student instruction and curriculum, a principal from a school of the district, and a teacher from a school of the district. (b) Prior to retention in a grade, a school may submit, by a date as set by the committee on the retention of students, the names of all students determined by the school to not qualify for promotion to the next higher grade and the reason for that determination. The committee shall review the school's decision to retain with respect to each student and shall make a final decision regarding whether or not to retain a particular student. The committee shall take into consideration the relevant data and evidence gathered during the Response to Intervention process. The committee may vote to overturn a retention decision if the committee determines that the student should be promoted after examining the student's access to remedial assistance, performance, attendance, and participation and the resources and facilities provided by the school district or due to the student having an undiagnosed learning disability.
(Source: P.A. 99-592, eff. 7-22-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/34-18.52) Sec. 34-18.52. DCFS liaison. (a) The board must appoint at least one employee to act as a liaison to facilitate the enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services when enrolling in or changing schools. The board may appoint any employee of the school district who is licensed under Article 21B of this Code to act as a liaison; however, employees who meet any of the following criteria must be prioritized for appointment: (1) Employees who have worked with mobile student | ||
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(2) Employees who are familiar with enrollment, | ||
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(3) Employees who serve as a high-level administrator. (4) Employees who are counselors or have experience | ||
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(5) Employees who are knowledgeable on child welfare | ||
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(6) Employees who serve as a school social worker. (b) Liaisons under this Section are encouraged to build capacity and infrastructure within the school district to support students in the legal custody of the Department of Children and Family Services. Liaison responsibilities may include the following: (1) streamlining the enrollment processes for | ||
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(2) implementing student data tracking and monitoring | ||
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(3) ensuring that students in the legal custody of | ||
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(4) coordinating student withdrawal from a school, | ||
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(5) becoming experts on the foster care system and | ||
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(6) coordinating with child welfare partners; (7) providing foster care-related information and | ||
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(8) working with the Department of Children and | ||
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(9) reviewing student schedules to ensure that | ||
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(10) encouraging a successful transition into | ||
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(11) encouraging involvement in extracurricular | ||
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(12) knowing what support is available within the | ||
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(c) The school district is required to designate a liaison by the beginning of the 2022-2023 school year. (d) Individuals licensed under Article 21B of this Code acting as a liaison under this Section shall perform the duties of a liaison in addition to existing contractual obligations.
(Source: P.A. 102-199, eff. 7-1-22.) |
(105 ILCS 5/34-18.53) Sec. 34-18.53. Breastfeeding accommodations for pupils. (a) Each public school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations under this Section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a | ||
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(2) Permission to bring onto a school campus a breast | ||
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(3) Access to a power source for a breast pump or any | ||
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(4) Access to a place to store expressed breast milk | ||
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(b) A lactating pupil on a school campus must be provided a reasonable amount of time to accommodate her need to express breast milk or breastfeed an infant child. (c) A public school shall provide the reasonable accommodations specified in subsections (a) and (b) of this Section only if there is at least one lactating pupil on the school campus. (d) A public school may use an existing facility to meet the requirements specified in subsection (a) of this Section. (e) A pupil may not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this Section and must be provided the opportunity to make up any work missed due to such use. (f) In instances where a student files a complaint of noncompliance with the requirements of this Section, the public school shall implement the grievance procedure of 23 Ill. Adm. Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.54) (Text of Section before amendment by P.A. 103-542) Sec. 34-18.54. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | ||
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(2) understanding implicit racial bias is needed in | ||
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(3) marginalized students would benefit from having | ||
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(4) training that helps educators overcome implicit | ||
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(b) The board shall require in-service training for school personnel to include training to develop cultural competency, including understanding and reducing implicit racial bias. (c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive.(Source: P.A. 100-14, eff. 7-1-17; 100-863, eff. 8-14-18.) (Text of Section after amendment by P.A. 103-542) Sec. 34-18.54. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | ||
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(2) understanding implicit racial bias is needed in | ||
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(3) marginalized students would benefit from having | ||
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(4) training that helps educators overcome implicit | ||
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(b) The board shall require in-service training for teachers, administrators, and school support personnel to include training to develop cultural competency, including understanding and reducing implicit racial bias as outlined in Sections 10-22.39 and 3-11. (c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive.(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/34-18.55) Sec. 34-18.55. Dual enrollment and dual credit notification. The board shall require the district's high schools to inform all 11th and 12th grade students of dual enrollment and dual credit opportunities at public community colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.56) Sec. 34-18.56. Availability of menstrual hygiene products. (a) The General Assembly finds the following: (1) Menstrual hygiene products are a health care | ||
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(2) Access to menstrual hygiene products is a serious | ||
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(3) When students do not have access to affordable | ||
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(4) When students have access to quality menstrual | ||
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(b) In this Section: "Menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. "School building" means any facility (i) that is owned or leased by the school district or over which the board has care, custody, and control and (ii) in which there is a public school serving students in grades 6 through 12. (c) The school district shall make menstrual hygiene products available, at no cost to students, in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day.
(Source: P.A. 102-340, eff. 8-13-21.) |
(105 ILCS 5/34-18.57) Sec. 34-18.57. Booking stations on school grounds. (a) There shall be no student booking station established or maintained on the grounds of any school. (b) This prohibition shall be applied to student booking stations only, as defined in this Section. The prohibition does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station as defined in paragraph (2) of subsection (d) of this Section. The prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law. (c) When the underlying suspected or alleged criminal act is an act of violence, and isolation of a student or students is deemed necessary to the interest of public safety, and no other location is adequate for secure isolation of the student or students, offices as described in paragraph (1) of subsection (d) of this Section may be employed to detain students for a period no longer than that required to alleviate that threat to public safety. (d) As used in this Section, "student booking station" means a building, office, room, or any indefinitely established space or site, mobile or fixed, which operates concurrently as: (1) predominantly or regularly a place of operation | ||
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(2) a site at which students are detained in | ||
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(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.58) Sec. 34-18.58. School social worker. The board may employ school social workers who have graduated with a master's or higher degree in social work from an accredited graduate school of social work and have such additional qualifications as may be required by the State Board of Education and who hold a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons so licensed and endorsed may use the title "school social worker". A school social worker may provide individual and group services to the general student population and to students with disabilities pursuant to Article 14 of this Code and rules set forth in 23 Ill. Adm. Code 226, Special Education, adopted by the State Board of Education and may provide support and consultation to administrators, teachers, and other school personnel consistent with their professional qualifications and the provisions of this Code and other applicable laws. The school district may employ a sufficient number of school social workers to address the needs of their students and schools and may maintain the nationally recommended student-to-school social worker ratio of 250 to 1. A school social worker may not provide such services outside his or her employment to any student in the district or districts that employ the school social worker.
(Source: P.A. 100-356, eff. 8-25-17; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.59) Sec. 34-18.59. School-grown produce. The school district may serve students produce grown and harvested by students in school-owned facilities utilizing hydroponics or aeroponics or in school-owned or community gardens if the soil and compost in which the produce is grown meets the standards adopted in 35 Ill. Adm. Code 830.503, if applicable, and the produce is served in accordance with the standards adopted in 77 Ill. Adm. Code 750.
(Source: P.A. 100-505, eff. 6-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.60) Sec. 34-18.60. (Repealed).
(Source: P.A. 100-596, eff. 7-1-18. Repealed internally, eff. 7-1-23.) |
(105 ILCS 5/34-18.61) Sec. 34-18.61. Self-administration of medication. (a) In this Section, "asthma action plan" has the meaning given to that term under Section 22-30. (b) Notwithstanding any other provision of law, the school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an allergy emergency action plan, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. A parent or guardian must also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Information received by the school district under this subsection shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (c) The school district must adopt an emergency action plan for a student who self-administers medication under subsection (b). The plan must include both of the following: (1) A plan of action in the event a student is unable | ||
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(2) The situations in which a school must call 9-1-1. (d) The school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student under subsection (b). The student's parent or guardian must sign a statement to this effect, which must acknowledge that the parent or guardian must indemnify and hold harmless the school district and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by a student.
(Source: P.A. 102-558, eff. 8-20-21; 103-175, eff. 6-30-23.) |
(105 ILCS 5/34-18.62)
(Text of Section before amendment by P.A. 103-472) Sec. 34-18.62. Policy on sexual harassment. The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-472) Sec. 34-18.62. Policies on discrimination and harassment; prevention and response program. (a) The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook. (b) The school district must create, maintain, and implement a policy or policies prohibiting discrimination and harassment based on race, color, and national origin and prohibiting retaliation. Such policy or policies may be included as part of a broader anti-harassment or anti-discrimination policy provided they are distinguished with an appropriate title, heading, or label. The policy or policies adopted under this subsection (b) must comply with and be distributed in accordance with subsection (b) of Section 22-95 of this Code. (c) The school district must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin, and retaliation. These procedures must comply with subsection (c) of Section 22-95 of this Code.
(Source: P.A. 102-558, eff. 8-20-21; 103-472, eff. 8-1-24.)
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(105 ILCS 5/34-18.63)
Sec. 34-18.63. Class size reporting. No later than November 16, 2020, and annually thereafter, the school district must report to the State Board of Education information on the school district described under subsection (b) of Section 2-3.136a and must make that information available on its website.
(Source: P.A. 101-451, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.64)
Sec. 34-18.64. Sexual abuse investigations at schools. Every 2 years, the school district must review all existing policies and procedures concerning sexual abuse investigations at schools to ensure consistency with Section 22-85.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.65)
Sec. 34-18.65. Door security locking means. (a) In this Section, "door security locking means" means a door locking means intended for use by a trained school district employee in a school building for the purpose of preventing ingress through a door of the building. (b) The school district may install a door security locking means on a door of a school building to prevent unwanted entry through the door if all of the following requirements are met: (1) The door security locking means can be engaged | ||
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(2) The unlocking and unlatching of the door security | ||
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(3) The door security locking means complies with all | ||
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(4) Locks, if remotely engaged, can be unlocked from | ||
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(5) The door security locking means is capable of | ||
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(6) The door security locking means does not modify | ||
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(7) Any bolts, stops, brackets, or pins employed by | ||
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(8) School district employees are trained in the | ||
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(9) For doors installed before July 1, 2019 only, the | ||
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(10) The door security locking means is no more than | ||
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(11) The door security locking means otherwise | ||
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The school district may install a door security locking means that does not comply with paragraph (3) or (10) of this subsection if (i) the school district meets all other requirements under this subsection and (ii) prior to its installation, local law enforcement officials, the local fire department, and the board agree, in writing, to the installation and use of the door security locking means. The school district must keep the agreement on file and must, upon request, provide the agreement to the State Board of Education. The agreement must be included in the school district's filed school safety plan under the School Safety Drill Act. (c) The school district must include the location of any door security locking means and must address the use of the locking and unlocking means from within and outside the room in its filed school safety plan under the School Safety Drill Act. Local law enforcement officials and the local fire department must be notified of the location of any door security locking means and how to disengage it. Any specific tool needed to disengage the door security locking means from the outside of the room must, upon request, be made available to local law enforcement officials and the local fire department. (d) A door security locking means may be used only (i) by a school district employee trained under subsection (e), (ii) during an emergency that threatens the health and safety of students and employees or during an active shooter drill, and (iii) when local law enforcement officials and the local fire department have been notified of its installation prior to its use. The door security locking means must be engaged for a finite period of time in accordance with the school district's school safety plan adopted under the School Safety Drill Act. (e) If the school district installs a door security locking means, it must conduct an in-service training program for school district employees on the proper use of the door security locking means. The school district shall keep a file verifying the employees who have completed the program and must, upon request, provide the file to the local fire department and local law enforcement agency. (f) A door security locking means that requires 2 releasing operations must be discontinued from use when the door is replaced or is a part of new construction. Replacement and new construction door hardware must include mortise locks, compliant with the applicable building code, and must be lockable from the occupied side without opening the door. However, mortise locks are not required if panic hardware or fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.66) Sec. 34-18.66. Remote and blended remote learning. This Section applies if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (1) If the Governor has declared a disaster due to a | ||
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(2) For purposes of this Section, a remote learning | ||
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(3) If the district does not implement an e-learning | ||
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(4) Each remote and blended remote learning day plan | ||
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(i) accessibility of the remote instruction to | ||
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(ii) if applicable, a requirement that the remote | ||
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(iii) a means for students to confer with an | ||
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(iv) the unique needs of students in special | ||
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(v) how the district will take attendance and | ||
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(vi) transitions from remote learning to on-site | ||
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(5) The general superintendent of schools shall | ||
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(6) Each remote and blended remote learning day plan | ||
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(7) This Section does not create any additional | ||
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(8) Statutory and regulatory curricular mandates and | ||
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(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/34-18.67)
Sec. 34-18.67. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-143, eff. 7-1-23.)
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(105 ILCS 5/34-18.68) Sec. 34-18.68. Chicago Board of Education Non-Citizen Advisory Board. (a) The Chicago Board of Education Diversity Advisory Board is created to provide non-citizen students with maximum opportunity for success during their elementary and secondary education experience. (b) The Chicago Board of Education Non-Citizen Advisory Board is composed of individuals appointed by the Mayor to advise the Chicago Board of Education on but not limited to the following issues: (1) Appropriate ways to create an equitable and | ||
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(2) Strengthening student, parent, and guardian | ||
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(3) Establishing appropriate communication methods | ||
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(4) Ensuring principals and other district leaders | ||
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(5) Developing appropriate methods by which | ||
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(6) Providing the perspective of non-citizen families | ||
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(Source: P.A. 102-177, eff. 6-1-22.) |
(105 ILCS 5/34-18.69) Sec. 34-18.69. Moratorium on school closings, consolidations, and phase-outs. The Board shall not approve any school closings, consolidations, or phase-outs until the Board of Education is seated on January 15, 2025.
(Source: P.A. 102-177, eff. 12-17-21 (See Section 15 of P.A. 102-691 for the effective date of P.A. 102-177).) |
(105 ILCS 5/34-18.70)
Sec. 34-18.70. Independent financial review. The Chicago Board of Education shall commission an independent review and report of the district's finances and entanglements with the City of Chicago. No later than October 31, 2022, the report shall be provided to the Governor, the State Board of Education, the General Assembly, the Mayor of the City of Chicago, and the Chicago Board of Education. No later than July 1, 2023, the State Board of Education shall review the independent review and report and make recommendations to the legislature on the Chicago Board of Education's ability to operate with the financial resources available to it as an independent unit of local government.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)
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(105 ILCS 5/34-18.71)
Sec. 34-18.71. Parent-teacher conference and other meetings; caseworker. For any student who is in the legal custody of the Department of Children and Family Services, the liaison appointed under Section 34-18.52 must inform the Department's Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student's caseworker to attend the conference or meeting.
(Source: P.A. 102-199, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.72)
Sec. 34-18.72. Website accessibility guidelines. (a) As used in this Section, "Internet website or web service" means any third party online curriculum that is made available to enrolled students or the public by the school district through the Internet. (b) To ensure that the content available on an Internet website or web service of the school district is readily accessible to persons with disabilities, the school district must require that the Internet website or web service comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.1 or any revised version of those guidelines.
(Source: P.A. 102-238, eff. 8-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.73)
Sec. 34-18.73. Parental notification of student discipline. (a) In this Section, "misconduct" means an incident that involves offensive touching, a physical altercation, or the use of violence. (b) If a student commits an act or acts of misconduct involving offensive touching, a physical altercation, or the use of violence, the student's school shall provide written notification of that misconduct to the parent or guardian of the student. (c) If a student makes a written statement to a school employee relating to an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, the school shall provide the written statement to the student's parent or guardian, upon request and in accordance with federal and State laws and rules governing school student records. (d) If the parent or guardian of a student involved in an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, requests a synopsis of any statement made by the parent's or guardian's child, the school shall provide any existing records responsive to that request, in accordance with federal and State laws and rules governing school student records. (e) A school shall make reasonable attempts to provide a copy of any disciplinary report resulting from an investigation into a student's act or acts of misconduct to the parent or guardian of the student receiving disciplinary action, including any and all restorative justice measures, within 2 school days after the completion of the report. The disciplinary report shall include all of the following: (1) A description of the student's act or acts of | ||
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(2) A description of the disciplinary action, if any, | ||
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(3) The school's justification and rationale for the | ||
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(4) A description of the restorative justice | ||
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(Source: P.A. 102-251, eff. 8-6-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.74)
Sec. 34-18.74. School support personnel reporting. No later than December 1, 2022 and each December 1st annually thereafter, the school district must report to the State Board of Education the information with regard to the school district as of October 1st of each year beginning in 2022 as described in subsection (b) of Section 2-3.182 of this Code and must make that information available on its website.
(Source: P.A. 102-302, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.75)
Sec. 34-18.75. Identification cards; suicide prevention information. If the school district issues an identification card to pupils in any of grades 6 through 12, the district shall provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and the Safe2Help Illinois helpline on the identification card. The contact information shall identify each helpline that may be contacted through text messaging. The contact information shall be included in the school's student handbook and also the student planner if a student planner is custom printed by the school for distribution to pupils in any of grades 6 through 12.
(Source: P.A. 102-416, eff. 7-1-22; 102-813, eff. 5-13-22; 103-143, eff. 7-1-23.)
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(105 ILCS 5/34-18.76)
Sec. 34-18.76. Student absence; pregnancy. The board shall adopt written policies related to absences and missed homework or classwork assignments as a result of or related to a student's pregnancy.
(Source: P.A. 102-471, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.78) Sec. 34-18.78. COVID-19 paid administrative leave. (a) In this Section: "Employee" means a person employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697). "Fully vaccinated against COVID-19" means: (1) 2 weeks after receiving the second dose in a | ||
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(2) 2 weeks after receiving a single dose of a | ||
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"Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section. "School district" includes charter schools established under Article 27A of this Code. (b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and the school district, the State or any of its agencies, or a local public health department has issued
guidance, mandates, or rules related to COVID-19 that restrict
an employee of the school district from being on school district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from the school, or (iv) is required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms, the employee of the school district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from school property prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). (c) An employee of the school district shall receive paid
administrative leave pursuant to subsection (b) of this Section, unless a
longer period of paid administrative leave has been negotiated
with the exclusive bargaining representative, to care for a
child of the employee if the child is unable to attend
elementary or secondary school
because the child has: (1) a confirmed positive COVID-19 diagnosis via a | ||
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(2) a probable COVID-19 diagnosis via an antigen | ||
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(3) been in close contact with a person who has a | ||
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(4) been required by the school or school district | ||
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Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). (d) An employee of the school district who is on paid
administrative leave pursuant to this Section must provide all
documentation requested by the board. (e) An employee of the school district who is on paid
administrative leave pursuant to this Section shall receive
the employee's regular rate of pay. The use of a paid
administrative leave day or days by an employee pursuant to
this Section may not diminish any other leave or benefits of
the employee. (f) An employee of the school district may not accrue paid
administrative leave pursuant to this Section. (g) For an employee of the school district to be eligible to receive paid administrative leave pursuant to this Section, the employee must: (1) have received all required doses to be fully | ||
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(2) participate in the COVID-19 testing program | ||
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(h) Nothing in this Section is intended to affect any right or remedy under federal law. (i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.79) Sec. 34-18.79. Sick leave; mental or behavioral health complications. In addition to any interpretation or definition included in a collective bargaining agreement or board of education or district policy, sick leave, or its equivalent, to which a teacher or other eligible employee is entitled shall be interpreted to include mental or behavioral health complications. Unless contrary to a collective bargaining agreement or board of education or district policy, the board may require a certificate from a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee as a basis for pay during leave after an absence of 3 days for mental or behavioral health complications.
(Source: P.A. 102-866, eff. 5-13-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.80) Sec. 34-18.80. College and career readiness systems. (a) Subject to subsection (c) of this Section, by July 1, 2024, the school district shall adopt and commence implementation of a postsecondary and career expectations framework for each of grades 6 through 12 that substantially aligns to the model framework adopted by State agencies pursuant to Section 15 of the Postsecondary and Workforce Readiness Act. The local postsecondary and career expectations framework shall be available on a prominent location on the school district's website. The career exploration and career development activities offered in alignment with the postsecondary and career expectations framework shall prepare students enrolled in grades 6 through 12 to make informed plans and decisions about their future education and career goals, including possible participation in a career and technical education pathway, by providing students with opportunities to explore a wide variety of high-skill, high-wage, and in-demand career fields. (b) Subject to subsection (c) of this Section, the school district shall become an eligible school district and award College and Career Pathway Endorsements pursuant to the Postsecondary and Workforce Readiness Act and pursuant to the following schedule: (1) for the high school graduating class of 2026, the | ||
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(2) for the high school graduating class of 2028, the | ||
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(3) for the high school graduating class of 2030, the | ||
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(c) The board may, by action of the board, opt out of implementation of all or any part of this Section through adoption of a set of findings that considers the following: (1) the school district's current systems for college | ||
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(2) the school district's cost of implementation | ||
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(3) the willingness and capacity of local businesses | ||
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(4) the availability of a statewide database of | ||
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(5) the availability of properly licensed teachers or | ||
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The school district must report its board findings and decision on implementation to the State Board of Education. If the school district elects to opt out of implementation, the district may reverse its decision in whole or in part at any time. (d) The State Board of Education may adopt any rules necessary to implement this Section.
(Source: P.A. 102-917, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.81) Sec. 34-18.81. Pilot program for remote learning for students in the custody of the Department of Corrections. The board may offer the option of remote learning to allow a student who is in the custody of the Department of Corrections to successfully complete the course requirements necessary to graduate from high school and receive a high school diploma. The school district may offer a remote learning option to a student if the student: (1) is enrolled at Consuella B. York Alternative High | ||
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(2) is within 2 school years of completing all of the | ||
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The Department of Corrections educators and security staff shall be involved in assisting and supervising students participating in the pilot program. The Department of Corrections shall negotiate with all bargaining units involved to ensure that the implementation of the pilot program is consistent with collective bargaining agreements. The school district may continue to offer the option of remote learning to the student for up to one school year following the student's release from the custody of the Department of Corrections to allow the student to complete any remaining course requirements necessary to graduate from high school and receive a high school diploma. The establishment of the pilot program described in this Section is contingent upon there being provided to the Department of Corrections sufficient appropriations to implement and administer the program.
(Source: P.A. 102-966, eff. 5-27-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.82) (Text of Section from P.A. 103-128) Sec. 34-18.82. Trauma kit; trauma response training. (a) In this Section, "trauma kit" means a first aid response kit that contains, at a minimum, all of the following: (1) One tourniquet endorsed by the Committee on | ||
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(2) One compression bandage. (3) One hemostatic bleeding control dressing endorsed | ||
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(4) Protective gloves and a marker. (5) Scissors. (6) Instructional documents developed by the Stop the | ||
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(7) Any other medical materials or equipment similar | ||
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(b) The school district may maintain an on-site trauma kit at each school for bleeding emergencies. (c) Products purchased for the trauma kit, including those products endorsed by the Committee on Tactical Combat Casualty Care, shall, whenever possible, be manufactured in the United States. (d) At least once every 2 years, the board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. The board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization. School district employees who are trained to respond to trauma pursuant to this subsection (d) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.
(Source: P.A. 103-128, eff. 6-30-23.) (Text of Section from P.A. 103-157) Sec. 34-18.82. Subsequent teaching endorsements for employees. (a) Subsequent teaching endorsements may be granted to employees licensed under Article 21B of this Code for specific content areas and grade levels as part of a pilot program. (b) The school district is authorized to prepare educators for subsequent teaching endorsements on licenses issued under paragraph (1) of Section 21B-20 of this Code to applicants who meet all of the requirements for the endorsement or endorsements, including passing any required content area knowledge tests. If seeking to provide subsequent endorsements, the school district must establish professional development sequences to be offered instead of coursework required for issuance of the subsequent endorsement and must apply for approval of these professional development sequences by the State Board of Education, in collaboration with the State Educator Preparation and Licensure Board. The professional development sequences under this Section shall include a comprehensive review of relevant State learning standards, the applicable State content-test framework, and, if applicable, relevant educator preparation standards. (c) The State Board of Education shall adopt any rules necessary to implement this Section no later than June 30, 2024.
(Source: P.A. 103-157, eff. 6-30-23.) (Text of Section from P.A. 103-393) Sec. 34-18.82. Community input on local assessments. (a) As used in this Section, "district-administered assessment" means an assessment that requires all student test takers at any grade level to answer the same questions, or a selection of questions from a common bank of questions, in the same manner or substantially the same questions in the same manner. The term does not include an observational assessment tool used to satisfy the requirements of Section 2-3.64a-10 of this Code or an assessment developed by district teachers or administrators that will be used to measure student progress at an attendance center within the school district. (b) Prior to approving a new contract for any district-administered assessment, the board must hold a public vote at a regular meeting of the board, at which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided, subject to applicable notice requirements. However, if the assessment being made available to review is subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher and to ensure content validity is not undermined.
(Source: P.A. 103-393, eff. 7-1-24.) |
(105 ILCS 5/34-18.85) Sec. 34-18.85. Chicago Board of Education Black Student Achievement Committee. (a) The Chicago Board of Education Black Student Achievement Committee is created to be a standing committee of the Board with the purpose of providing Black students with the maximum opportunity for success in areas where research shows that there has been chronic underperformance of African American students during their elementary and secondary education experience. (b) The Chicago Board of Education Black Student Achievement Committee shall be chaired by a member of the Board and shall be composed of individuals appointed by the President of the Board to help the Board shape educational policies and to: (1) develop strategies and recommendations for Black | ||
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(2) use data to conduct an evidence-based needs | ||
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(3) develop a strategic management plan to identify | ||
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(4) identify and track metrics and key performance | ||
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(5) prepare and provide regular progress reports to | ||
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(c) The Committee's membership shall be diverse in terms of skills and geography.
(Source: P.A. 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-18.86) Sec. 34-18.86. Committees and advisory boards concerning disparities and individualized needs. The Board may establish committees or advisory boards to seek guidance on addressing disparities or individualized needs.
(Source: P.A. 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-19) (from Ch. 122, par. 34-19) Sec. 34-19. By-laws, rules and regulations; business transacted at
regular meetings; voting; records. The board shall, subject to the limitations
in this Article, establish by-laws, rules and regulations, which shall have the
force of ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire management of the
schools, and may fix the school age of pupils, the minimum of which in
kindergartens shall not be under 4 years, except that, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the limitations of all
policies established or adopted under Section 10-22.6 or 14-8.05, otherwise discipline any
pupil found guilty of gross disobedience, misconduct, or other violation of the
by-laws, rules, and regulations, including gross disobedience or misconduct perpetuated by electronic means. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. The bylaws, rules and regulations of the board
shall be enacted, money shall be appropriated or expended, salaries shall be
fixed or changed, and textbooks, electronic textbooks, and courses of instruction shall be adopted or
changed only at the regular meetings of the board and by a vote of a
majority of the full membership of the board; provided that
notwithstanding any other provision of this Article or the School Code,
neither the board or any local school council may purchase any textbook for use in any public school of the
district from any textbook publisher that fails to furnish any computer
diskettes as required under Section 28-21. Funds appropriated for textbook purchases must be available for electronic textbook purchases and the technological equipment necessary to gain access to and use electronic textbooks at the local school council's discretion. The board shall be further
encouraged to provide opportunities for public hearing and testimony before
the adoption of bylaws, rules and regulations. Upon all propositions
requiring for their adoption at least a majority of all the members of the
board the yeas and nays shall be taken and reported. The by-laws, rules and
regulations of the board shall not be repealed, amended or added to, except
by a vote of 2/3 of the full membership of the board. The board shall keep
a record of all its proceedings. Such records and all
by-laws, rules and regulations, or parts thereof, may be proved by a copy
thereof certified to be such by the secretary of the board, but if they are
printed in book or pamphlet form which are purported to be published by
authority of the board they need not be otherwise published and the book or
pamphlet shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof, as of the
dates thereof as shown in such book or pamphlet, in all courts and places
where judicial proceedings are had. Notwithstanding any other provision in this Article or in the School
Code, the board may delegate to the general superintendent or to the
attorney the authorities granted to the board in the School Code, provided
such delegation and appropriate oversight procedures are made pursuant to
board by-laws, rules and regulations, adopted as herein provided, except that
the board may not delegate its authorities and responsibilities regarding (1)
budget approval obligations; (2) rule-making functions; (3) desegregation
obligations; (4) real estate acquisition, sale or lease in excess of 10 years
as provided in Section 34-21; (5) the levy of taxes; or (6) any mandates
imposed upon the board by "An Act in relation to school reform in cities over
500,000, amending Acts herein named", approved December 12, 1988 (P.A.
85-1418).(Source: P.A. 99-456, eff. 9-15-16.) |
(105 ILCS 5/34-19.1) (from Ch. 122, par. 34-19.1)
Sec. 34-19.1.
Comment at meetings.
At each regular and special meeting
which is open to the public, members of the public and employees of the
district shall be afforded time, subject to reasonable constraints, to
comment to or ask questions of the board.
(Source: P.A. 84-1308.)
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(105 ILCS 5/34-19.2) (from Ch. 122, par. 34-19.2)
Sec. 34-19.2.
Mailing list.
To establish and maintain
a mailing list of the names and addresses of persons who each year request
inclusion thereon, and to mail to those persons copies of board agenda,
school budgets, audits, and within 10 days of each board meeting, a copy
of the approved meeting minutes. Annual subscription fees approximating
the costs of reproducing and mailing the materials may be charged to the
subscribers at the beginning of the subscription period.
(Source: P.A. 83-1362.)
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(105 ILCS 5/34-20) (from Ch. 122, par. 34-20)
Sec. 34-20.
Acquisition of real estate-Condemnation proceedings-Title-Conveyances.
The board may acquire by purchase, condemnation or otherwise, real
estate for any school purposes. Condemnation proceedings shall be conducted
in the name of the city, in trust for the use of schools. The title to all
real estate held for the use and benefit of the schools shall be held in
the name of the city, in trust for the use of schools. All conveyances of
real estate shall be made to the city in trust for the use of schools.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-20.1) (from Ch. 122, par. 34-20.1)
Sec. 34-20.1.
Limitation on use for school purposes.
Notwithstanding
any other provisions of this Article or this Act, no building or other
structure owned by the Board of Education, or by the City as trustee for
the use and benefit of the schools, which the
Chicago Park District has occupied, and which at any time prior
to such occupancy by the Chicago Park District was used as a public
school house or other public
school building of any attendance center within the school district, shall
at any time be again used by the Board as a public school house or other
public school building.
However, the Board of Education shall have the authority to make and
enter into a lease or other agreement with the Chicago Park District
providing for their joint use of a public school house or other public
school building of any attendance center if such facility contains more
than 10 classrooms. For purposes of this Section, "joint use" shall
include but not be limited to shared use by the Board and the Chicago Park
District during daytime hours.
(Source: P.A. 85-1146.)
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(105 ILCS 5/34-21) (from Ch. 122, par. 34-21)
Sec. 34-21.
Rentals and leases - Sale of real estate - Engagement of
real estate broker - Indirect and participating ownership interest -
Conveyance, payment and disclosure.
(a) The board may:
(1) enter into leases as lessee of buildings, rooms | ||
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(2) enter into leases as lessor of property held by a | ||
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(b) The board may sell real estate, or interest therein, held by a city
in trust for the use and benefit of the schools subject to the provisions
of this Section and approval by the board ordered by a vote of not less
than 2/3 of its full membership, if the board determines (i) that such real
estate has become unnecessary, unsuitable or inconvenient for the use of
schools or for the purpose of school administration, (ii) that
such real estate has become inappropriate or
unprofitable for the purpose of deriving revenue to support the board's
authorized purposes, or (iii) that, in the reasonable judgment of the
board, a sale would constitute the best available use or disposition of
such real estate for the purpose of deriving revenue to support the board's
authorized purposes.
(1) Any sale of such real estate having a fair market | ||
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(A) Notice of intended sale shall be published | ||
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(B) The first such notice shall be published not | ||
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(C) The notice shall contain pertinent | ||
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(D) The board may:
(i) accept the highest responsible bid | ||
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(ii) reject any and all bids; or
(iii) if there is more than one responsible | ||
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The board may receive consideration for the sale of | ||
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(2) Any sale of such real estate having a fair market | ||
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(3) Any sale of such real estate having a fair market | ||
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(c) The board may engage the services of a licensed real estate broker
at a fair and reasonable commission in any case involving the sale or lease
of real estate when by resolution the board determines such services to
be in the best interest of the board; provided, however, that the commission
to be paid may not exceed in the case of sale 7% of the sale price, and in
the case of lease 7% of the first year's rent and 2% of the base rent of
each lease year thereafter not to exceed 4 years. The above stated maximum
ceilings on commissions may be raised by not less than a 3/4 vote of the
board's full membership. Payment of the commission shall be contingent
upon conveyance in accordance with the provisions of this Section and within
a reasonable period of time thereafter as determined by the board at the
time of the engagement of the real estate broker.
(d) (1) Conveyance of real estate held in trust by the city for the use
and benefit of schools shall be by action of the city council in its capacity
as trustee upon notice by the board pursuant to resolution that a sale of
real estate, or interest therein, has been made in accordance with the
provisions of this Section.
(2) Payment in consideration of a transfer of real estate, or interest
therein, may be accepted by the board in cash, a combination of cash and
securities or in another form described in subsections (a) or
(b) of this Section. In any case where an instrument is accepted as part
payment, the debt shall be adequately secured by mortgage, trust deed, or if by
contract by retention of title, on the property transferred and any such
security interest shall not be released until the debt is fully paid. Payments
made after the date of sale shall include interest on the outstanding balance
computed from the date of sale to the date of payment at rates to be determined
by the board.
(3) The board may not consummate any transaction involving the transfer
of real estate, or interest therein, provided for in this Section in which
there may be an undisclosed principal. Any conveyance of title or other
interest in real estate in violation hereof shall be void and any consideration
received by the board prior to the discovery of such violation shall be
retained as liquidated damages.
(Source: P.A. 87-1168.)
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(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
Sec. 34-21.1. Additional powers. In addition to other powers and
authority now possessed by it, the board shall have power:
(1) To lease from any public building commission | ||
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(2) To pay for the use of this leased property in | ||
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(3) Such lease may be entered into without making a | ||
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(4) In addition, the board may undertake, either in | ||
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(5) To enter into agreements, including lease and | ||
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(6) To make payments on a lease or lease purchase | ||
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(7) To purchase the interests of an individual, | ||
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(8) Subject to the provisions of subparagraph (9) of | ||
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(9) Notwithstanding the provisions of subparagraph | ||
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(Source: P.A. 100-399, eff. 1-1-18.)
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(105 ILCS 5/34-21.2) (from Ch. 122, par. 34-21.2)
Sec. 34-21.2.
Playgrounds.
The board shall take control and management of all public playgrounds
owned or acquired by the city which are adjacent to or connected with
any public school in the city and may equip, maintain and operate
them
for the moral, intellectual and physical welfare of the children and
persons using them. The title to all lands occupied as such playgrounds
shall vest in and be held by such city in trust for the use of schools.
Nothing herein shall prevent the city from owning and operating parks,
bathing beaches, municipal piers and athletic fields as provided by law.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
Sec. 34-21.3. Contracts. The board shall by record vote let all
contracts (other than those excepted
by Section 10-20.21 of this Code) for supplies, materials,
or work and contracts with private carriers for transportation
of pupils involving an expenditure in excess of $35,000 or a lower amount as required by board policy by competitive
bidding as provided in Section 10-20.21 of this Code.
The board may delegate to the general superintendent of schools, by
resolution, the authority to approve contracts in amounts of $35,000 or
less.
For a period of one year from and after the expiration or other termination
of his or her term of office as a member of the board: (i) the former board
member shall not be eligible for employment nor be employed by the board, a
local school council, an attendance center, or any other
subdivision or agent of the board or the school district governed by the board,
and (ii) neither the board nor the chief purchasing officer shall let or
delegate
authority to let any contract for
services, employment, or other work to the former board member or to any
corporation,
partnership, association, sole proprietorship, or other entity other than
publicly traded companies from which the
former board member receives an annual income, dividends, or other compensation
in excess of $1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing officer shall
contain a
provision stating that
the contract is not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation with the board,
shall (i) review existing conflict of interest and disclosure laws or
regulations that are applicable to the executive officers and governing boards
of school districts organized under this Article and school districts
generally, (ii) determine what additional disclosure and conflict of interest
provisions would enhance the reputation and fiscal integrity of the board and
the procedure under which contracts for goods and services are let, and (iii)
develop appropriate reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school district.
(Source: P.A. 103-8, eff. 1-1-24.)
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(105 ILCS 5/34-21.4)
Sec. 34-21.4. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 101-149, eff. 7-26-19.)
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(105 ILCS 5/34-21.5)
Sec. 34-21.5. (Repealed).
(Source: P.A. 81-1221. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)
Sec. 34-21.6. Waiver of fees and fines. (a) The board shall waive all fees and any fines for the loss of school property assessed by the district
on children whose parents are unable to afford them, including but not limited
to: (1) children living in households that meet the free | ||
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(2) homeless children and youths as defined in | ||
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Notice of waiver availability shall be given to parents or guardians with every bill for fees or fines. The board shall develop written
policies and procedures implementing this Section in accordance with
regulations promulgated by the State Board of Education.
(b) If the board participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 245 et seq.) as the basis for waiving fees assessed by the district, then the board must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245.6a). If the board establishes a process for the determination of eligibility for waiver of all fees assessed by the district that is completely independent of the criteria listed in subsection (b), the board may provide for waiver verification no more often than once every academic year. Information obtained during the independent waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees or fines for the loss of school property, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program. This subsection shall not preclude children from obtaining waivers at any point during the academic year. (Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-21.7)
Sec. 34-21.7.
Racial reports.
Beginning July 1, 1994, all forms used by
school boards and school districts to collect information within racial
categories and all reports used to present information within racial categories
shall include a "Multiracial" category, if such information is collected and
reported for State or local purposes only.
(Source: P.A. 88-71; 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-21.8) Sec. 34-21.8. Chicago public schools violence prevention hotline. (a) In consultation with the Chicago Police Department, the Board must establish a hotline for the purpose of receiving anonymous phone calls for information that may prevent violence. (b) Calls that are placed to the hotline must be answered by the Chicago Police Department. (c) Each call placed to the hotline must be recorded and investigated by the Chicago Police Department. (d) Prior to receiving any information, notice must be provided to the caller that the call is being recorded for investigation by the Chicago Police Department. The notice may be provided by a pre-recorded message or otherwise. (e) The hotline shall be known as the "CPS Violence Prevention Hotline" and its number and anonymous nature must be posted in all Chicago Public Schools.
(Source: P.A. 96-1425, eff. 1-1-11.) |
(105 ILCS 5/34-21.9) Sec. 34-21.9. Modification of athletic or team uniform permitted. (a) The board must allow a student athlete to modify his or her athletic or team uniform due to the observance of modesty in clothing or attire in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform, the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the board for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/34-21.10) Sec. 34-21.10. Creation of districts and subdistricts; reapportionment of subdistricts. (a) For purposes of the election of Chicago Board of Education members under subsection (b-15) of Section 34-3, the General Assembly shall subdivide the City of Chicago into 10 electoral districts for the 2024 general election, and it shall divide each of those districts into 2 subdistricts. The subdistricts must be drawn on or before April 1, 2024 and must be compact, contiguous, and substantially equal in population and consistent with the Illinois Voting Rights Act. (b) In the year following each decennial census, the General Assembly shall redistrict the subdistricts to reflect the results of the decennial census consistent with the requirements in subsection (a). The reapportionment plan shall be completed and formally approved by the General Assembly not less than 90 days before the last date established by law for the filing of nominating petitions for the second school board election after the decennial census year. If by reapportionment a member of the Board no longer resides within the subdistrict from which the member was elected, the member shall continue to serve in office until the expiration of the member's regular term. All new members shall be elected from the subdistricts as reapportioned. (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/prec. Sec. 34-22 heading)
BONDS AND TAX ANTICIPATION WARRANTS
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(105 ILCS 5/34-22) (from Ch. 122, par. 34-22)
Sec. 34-22.
Buildings.
The board may erect, purchase or otherwise acquire
buildings suitable for school houses, for school administration, and for
deriving revenues from school lands, erect temporary school structures, erect
additions to, repair, rehabilitate and replace existing school buildings and
temporary school structures and may furnish and equip school buildings and
temporary school structures and may purchase or otherwise acquire and improve
sites therefor, the furnishing and equipping to include but not be limited to
furniture, libraries, apparatus, building and architectural supplies, fixtures
generally used in school buildings, including but not limited to heating and
ventilating systems, mechanical equipment, seats and desks, blackboards, window
shades and curtains, gymnasium and recreation apparatus and equipment,
auditorium and lunchroom equipment, and all items incidental thereto. The board
may use the proceeds of the sale of common school lands or any income from
investments of such proceeds in its treasury for any authorized purpose
and may deposit the proceeds into any district fund.
In erecting, purchasing or otherwise acquiring buildings for school
purposes, the board shall not do so in such a manner as to promote
segregation and separation of children in public schools because of
color, race or nationality.
(Source: P.A. 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-22.1) (from Ch. 122, par. 34-22.1)
Sec. 34-22.1.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000. Provided, however, that not more than 25% of the aggregate
amount of said bonds shall be issued in any calendar year. The bonds
shall bear interest at the rate of not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, and shall
mature within not to exceed 20 years from their date, and may be made
callable on any interest payment date at par and accrued interest, after
notice has been given, at the time and in the manner provided in the
bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election in
accordance with the general election law and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and certify the resolution and the proposition
to the proper election authorities. In addition
to the requirements of the general election law the notice of the referendum
shall contain the amount of the bond
issue, maximum rate of interest and purpose for which issued.
This notice shall be published in accordance with the general election
law.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$..... be issued by the board ofeducation of the City of.... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating and replacing existing school buildings and temporaryschool structures, and furnishing andequipping school buildings andtemporary school structures, and NOpurchasing or otherwise acquiring andimproving sites for such purposes,bearing interest at the rate of notto exceed the maximum rate authorizedby the Bond Authorization Act, as amendedat the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold upon such
terms as may be approved by the board by the city comptroller (or city
clerk if there be no comptroller) after advertisement for bids as
ordered by and under the direction of the board, and the proceeds
thereof shall be received by the city treasurer, as school treasurer,
and expended by the board for the purposes provided in the bond
resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/34-22.2) (from Ch. 122, par. 34-22.2)
Sec. 34-22.2.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Section 34-22.1.
The bonds shall bear interest at the rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract,
and shall mature within not to exceed 20 years from their date, and may
be made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the manner
provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question. The
board shall adopt a resolution providing for submitting said proposition at
such an election and certify the resolution and proposition to the proper
election authorities for submission to the electors in accordance with the
general election law. In addition to the requirements
of the general election law the notice of the referendum shall contain
the amount of
the bond issue, maximum
rate of interest and purpose for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$..... be issued by the board ofeducation of the City of.... for thepurpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating and replacing existing school buildings and temporaryschool structures, and furnishing andequipping school buildings andtemporary school structures, and NOpurchasing or otherwise acquiring andimproving sites for such purposes,bearing interest at the rate of notto exceed the maximum rate authorizedby the Bond Authorization Act, as amendedat the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to an exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.3) (from Ch. 122, par. 34-22.3)
Sec. 34-22.3.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Sections 34-22.1
and 34-22.2. The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature
within not to exceed
20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and shall certify the resolution and the
proposition to the proper election authorities for submission to the electors
in accordance with the general election law. In
addition to the requirements of the general election law the notice of
the referendum shall contain the amount of the bond issue, maximum rate
of interest and purpose
for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$...... be issued by the board ofeducation of the City of.... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating and replacing existing school buildings and temporaryschool structures, and furnishing andequipping school buildings andtemporary school structures, and NOpurchasing or otherwise acquiring andimproving sites for such purposes,bearing interest at the rate of notto exceed the maximum rate authorizedby the Bond Authorization Act, as amendedat the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.4) (from Ch. 122, par. 34-22.4)
Sec. 34-22.4.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating,
modernizing and replacing existing school buildings and temporary school
structures, and furnishing and equipping school buildings and temporary
school structures, and purchasing or otherwise acquiring and improving
sites for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Sections 34-22.1,
34-22.2, and 34-22.3. The bonds shall bear interest at the rate of not
more than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, and shall
mature within not to exceed 20 years
from their date, and may be made callable on any interest payment date
at par and accrued interest, after notice has been given, at the time
and in the manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and approved by
a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and shall certify the resolution and the
proposition to the proper election authorities for submission in accordance
with the general election law. In addition to
the requirements of the general election law the notice of the referendum
shall contain the
amount of the bond issue, maximum rate of interest and purpose for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$...... be issued by the board ofeducation of the City of .... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating, modernizing and replacing existing school buildingsand temporary school structures,and furnishing and equipping schoolbuildings and temporary school NOstructures, and purchasing or otherwiseacquiring and improving sites forsuch purposes, bearing interest at therate of not to exceed the maximum rateauthorized by the Bond Authorization Act,as amended at the time of the making ofthe contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board of such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.5) (from Ch. 122, par. 34-22.5)
Sec. 34-22.5.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating,
modernizing and replacing existing school buildings and temporary school
structures, and furnishing and equipping school buildings and temporary
school structures, and purchasing or otherwise acquiring and improving
sites for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
Twenty-five Million Dollars ($25,000,000) in addition to the bonds
authorized under Sections 34-22.1, 34-22.2, 34-22.3, and 34-22.4.
The bonds shall bear interest at the rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, and shall mature within not to exceed twenty years
from their date, and may be made callable on any interest payment date at par
and accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
proposition at such an election and certify the resolution
and the proposition to the proper election authorities for submission in
accordance with the general election law. In addition
to the requirements of the general election law the notice of the referendum
shall contain the
amount of the bond issue, maximum rate of interest and purpose for which
issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$...... be issued by the board ofeducation of the City of.... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating, modernizing and replacing existing school buildingsand temporary school structures,and furnishing and equipping schoolbuildings and temporary school NOstructures, and purchasing or otherwiseacquiring and improving sites for suchpurposes, bearing interest at therate of not to exceed the maximum rateauthorized by the Bond Authorization Act,as amended at the time of the making ofthe contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.6) (from Ch. 122, par. 34-22.6)
Sec. 34-22.6.
Issuance of bonds.
For the purpose of erecting,
purchasing, or otherwise acquiring buildings suitable for school houses,
erecting temporary school structures, erecting additions to, repairing,
rehabilitating, modernizing and replacing existing school buildings and
temporary school structures, and furnishing and equipping school buildings
and temporary school structures, and purchasing or otherwise acquiring and
improving sites for such purposes, the board may incur an indebtedness and
issue bonds therefor in an amount or amounts not to exceed in the aggregate
$150,000,000 in addition to the bonds authorized under
Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, 34-22.5 and 34-22.7.
Bonds authorized under this Section may also be issued for the purposes
of paying interest on such bonds, establishing reserves to secure such
bonds and paying the costs of issuance of such bonds.
In connection with the issuance of its bonds, the board may enter into
arrangements to provide additional security and liquidity for the bonds.
These may include, without limitation, municipal bond insurance, letters of
credit, lines of credit by which the board may borrow funds to pay or
redeem its bonds and purchase or remarketing arrangements for assuring the
ability of owners of the board's bonds to sell or to have redeemed their
bonds. The board may enter into contracts and may agree to pay fees to
persons providing such arrangements, including from bond proceeds but only
under circumstances in which the total interest paid or to be paid on the
bonds, together with the fees for the arrangements (being treated as if
interest), would not, taken together, cause the bonds to bear interest,
calculated to their absolute maturity, at a rate in excess of the maximum
rate allowed by law.
The resolution of the board authorizing the issuance of its bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the board, which may include, without limitation, a
variation in interest rates as may be necessary to cause bonds to be
remarketable from time to time at a price equal to their principal amount,
and may provide for appointment of a national banking
association, bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection. The
resolution of the board authorizing the issuance of its bonds
may provide that alternative interest rates or provisions will apply during
such times as the bonds are held by a person providing a letter of credit
or other credit enhancement arrangement for those bonds.
The Board may use proceeds of the sale of bonds authorized
under this Section to pay the cost of obtaining such municipal bond
insurance, letter of credit or other credit facilities. Bonds may also be
issued under this Section to pay the cost of refunding any bonds issued
under this Section, including prior to their maturity.
The bonds shall bear interest at a rate or rates not to exceed the
maximum annual rate provided for in Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and if issued
at such maximum annual rate shall be sold for not less than par and accrued
interest. If any of the bonds are issued to bear interest at a rate of
less than such maximum annual rate the minimum price at which they may be
sold shall be such that the interest cost to the board on the proceeds of
the bonds shall not exceed such maximum annual rate computed to stated
maturity according to standard tables of bond values.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds proposed
to be issued, the maturity or maturities thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal,
whether due at maturity or upon sinking fund installment dates, of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds authorized in this Section,
the board shall provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity, or
upon sinking fund installment dates, and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such ordinance,
it shall be the duty of such county clerk to extend the tax therein
provided for, including an amount to cover loss and cost of collecting
said taxes and also deferred collections thereof and abatements in the
amounts of such taxes as extended upon the collector's books. The
ordinance shall be in force upon its passage.
(Source: P.A. 85-1418; 86-1477.)
|
(105 ILCS 5/34-22.7) (from Ch. 122, par. 34-22.7)
Sec. 34-22.7.
For the sole purpose of rehabilitating and accomplishing
the deferred maintenance of present school buildings the board, with the
consent of the city council expressed by ordinance, may incur an
indebtedness and issue bonds therefor without referendum in an amount or
amounts not to exceed in the aggregate $330,000,000. The bonds shall bear
interest at a rate of not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
and shall mature within not to exceed 20 years from their date, and may be
made callable on any interest payment date at par and accrued interest,
after notice has been given, at the time and in the manner provided in the
bond resolution.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and comptroller (or city clerk if
there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purpose provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized,
the board shall provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General Assembly
(i) that the Omnibus Bond Acts are and always have been supplementary grants
of power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii) that the provisions of this
Section are not a limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4; 86-1477.)
|
(105 ILCS 5/34-22.8)
Sec. 34-22.8. (Repealed).
(Source: P.A. 78-200. Repealed by P.A. 94-1105, eff. 6-1-07.)
|
(105 ILCS 5/34-22.9) (from Ch. 122, par. 34-22.9)
Sec. 34-22.9.
Termination of authority to issue
bonds for rehabilitation and deferred maintenance of school buildings.
Effective July 1, 1984, the board shall not subsequently issue any bonds
therefor as provided by and authorized under Section 34-22.7; provided,
however, that nothing contained herein shall effect the validity of any
obligations of the board lawfully incurred, pursuant to authorization
granted by that Section, and existing on or prior to July 1, 1984. All
such obligations shall be discharged as provided pursuant to that
authorization and the extension for collection of taxes of the board,
pursuant to levies made in accordance with that authorization, shall in no
way be impaired or restricted.
(Source: P.A. 83-1270.)
|
(105 ILCS 5/34-22.10) (from Ch. 122, par. 34-22.10)
Sec. 34-22.10.
Issuance of bonds.
For the sole purpose of purchasing or otherwise acquiring
school buildings and related property and facilities for an agricultural
science school pursuant to an agreement entered into pursuant to
subparagraph (7) of Section 34-21.1,
the board may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate $20,000,000
in addition to the bonds authorized under
Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, 34-22.5, 34-22.6 and 34-22.7.
Bonds authorized under this Section may also be issued for the purposes
of paying interest on such bonds, establishing reserves to secure such
bonds and paying the costs of issuance of such bonds.
In connection with the issuance of its bonds, the board may enter into
arrangements to provide additional security and liquidity for the bonds.
These may include, without limitation, municipal bond insurance, letters of
credit, lines of credit by which the board may borrow funds to pay or
redeem its bonds and purchase or remarketing arrangements for assuring the
ability of owners of the board's bonds to sell or to have redeemed their
bonds. The board may enter into contracts and may agree to pay fees to
persons providing such arrangements, including from bond proceeds but only
under circumstances in which the total interest paid or to be paid on the
bonds, together with the fees for the arrangements (being treated as if
interest), would not, taken together, cause the bonds to bear interest,
calculated to their absolute maturity, at a rate in excess of the maximum
rate allowed by law.
The Board may use proceeds of the sale of bonds authorized
under this Section to pay the cost of obtaining such municipal bond
insurance, letter of credit or other credit facilities. Bonds may also be
issued under this Section to pay the cost of refunding any bonds issued
under this Section,
including prior to their maturity.
The bonds shall bear interest at a rate or rates not to exceed the
maximum annual rate provided for in Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and if issued
at such maximum annual rate shall be sold for not less than par and accrued
interest. If any of the bonds are issued to bear interest at a rate of
less than such maximum annual rate the minimum price at which they may be
sold shall be such that the interest cost to the board on the proceeds of
the bonds shall not exceed such maximum annual rate computed to stated
maturity according to standard tables of bond values.
The resolution of the board authorizing the issuance of its bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the board, which may include, without limitation, a
variation in interest rates as may be necessary to cause bonds to be
remarketable from time to time at a price equal to their principal amount,
and may provide for appointment of a national banking
association, bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection. The
resolution of the board authorizing the issuance of its bonds
may provide that alternative interest rates or provisions will apply during
such times as the bonds are held by a person providing a letter of credit
or other credit enhancement arrangement for those bonds.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds proposed
to be issued, the maturity or maturities thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal,
whether due at maturity or upon sinking fund installment dates, of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds authorized in this Section,
the board shall, by resolution, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity, or
upon sinking fund installment dates, and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
resolution,
it shall be the duty of such county clerk to extend the tax therein
provided for, including an amount to cover loss and cost of collecting
said taxes and also deferred collections thereof and abatements in the
amounts of such taxes as extended upon the collector's books. The
resolution shall be in force upon its passage.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-23) (from Ch. 122, par. 34-23)
Sec. 34-23.
Tax anticipation warrants.
When there is not sufficient money
in the treasury to meet the
ordinary and necessary expenses for educational and for building
purposes, and for the purpose of paying the principal of and interest on
bonds to
order issued warrants against and in anticipation of any taxes levied
for the payment of the expenditures for educational and for building
purposes, and for the purpose of paying the principal of and interest on
bonds, to the extent of 85% of the total amount of the taxes levied for
such purpose; provided, that whenever a working cash fund has been
created pursuant to Sections 34-30 through 34-36 warrants shall at no
time be drawn against any such taxes levied for educational purposes for
such an amount that the aggregate of (a) the amount of such warrants,
with the interest to accrue thereon, (b) the aggregate amount of
warrants theretofore drawn against such taxes and the interest accrued
and to accrue thereon, and (c) the aggregate amount of money theretofore
transferred from the working cash fund to the educational purposes fund
exceeds 90% of the actual or estimated amount of such taxes extended or
to be extended by the county clerk upon the books of the collector or
collectors of State and county taxes within the school districts.
Warrants may, however, be issued against and in anticipation of any
taxes levied for the expenditures for building purposes to the extent of
90% of the total amount of taxes levied for such purposes whenever and
only if the board in connection with a grant of money from the federal
government or a pledge to any agency, instrumentality, corporation,
administration or bureau of the United States of America in connection
with such grant, sells or pledges to the federal government or to any
agency, instrumentality, corporation, administration or bureau of the
United States of America, warrants issued in excess of 75% but not
exceeding 90% of the total amount of taxes levied for the payment of the
expenditures for building purposes.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-23.5)
Sec. 34-23.5.
Issuance of notes, bonds, or other obligations in lieu of
tax anticipation warrants.
(a) In lieu of issuing tax anticipation warrants in accordance with
Section 34-23 of this Code, the board may issue notes, bonds, or other
obligations (and in connection with that issuance, establish a line of
credit with a bank) in an amount not to exceed 85% of the amount of
property taxes most recently levied for educational and building
purposes. Moneys thus borrowed shall be applied to the purposes for
which they were obtained and no other purpose. All moneys so borrowed
shall be repaid exclusively from property tax revenues within 60 days after the
property tax revenues have been received by the board.
(b) Borrowing authorized under subsection (a) of this Section shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, from the date of issuance until paid.
(c) Prior to the board borrowing or establishing a line of credit
under this Section, the board shall authorize, by resolution, the
borrowing or line of credit. The resolution shall set forth facts
demonstrating the need for the borrowing or line of credit, state the
amount to be borrowed, establish a maximum interest rate limit not to
exceed that set forth in subsection (b) of this Section, and provide a date
by which the borrowed funds shall be repaid. The resolution shall direct
the relevant officials to make arrangements to set apart and hold the
taxes, as received, that will be used to repay the borrowing. In addition,
the resolution may authorize the relevant officials to make partial
repayments of the borrowing as the taxes become available and may
contain any other terms, restrictions, or limitations not inconsistent with
the provisions of this Section.
(Source: P.A. 92-620, eff. 7-11-02.)
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(105 ILCS 5/34-24) (from Ch. 122, par. 34-24)
Sec. 34-24.
Numbering of warrants - Setting apart taxes - Interest.
Warrants drawn and issued under Section 34-23 shall be numbered
consecutively in the order of their issuance and shall show upon their face
that they are payable solely from said taxes when collected, and not
otherwise, and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued. Such taxes against which the warrants are drawn shall be set
apart and held for their payment, as herein provided. Such warrants shall
bear interest, payable out of the taxes against which they are drawn, at
the rate of not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
if issued before
July 1, 1971 and if
issued thereafter at the rate of not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, from the date
of their issuance until paid, or until notice is given by publication in a
newspaper or otherwise that the money for their payment is available and
that they will be paid on presentation.
Reissued warrants shall bear the index numerical designation of the
original warrant, shall be subnumbered consecutively in the order of
reissuance, and shall be paid in the direct order of reissuance, beginning
with the earliest subnumber. All warrants so reissued shall be paid prior
to the payment of any warrant, or any reissuance thereof, issued
subsequently to the date of issuance of such original warrant and in
anticipation of the collection of the same tax.
Any such outstanding warrants may be paid in the order of their
issuance, beginning with the warrants having the lowest number.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/34-25) (from Ch. 122, par. 34-25)
Sec. 34-25.
Use
of special funds to purchase tax anticipation warrants - Payment.
Any board holding in its treasury any fund set aside for use for some
particular purpose that is not immediately necessary for such purpose may
by resolution adopted by a vote of a majority of the full membership of the
board use the money in such fund, or in the aggregate of such funds if
there may be more than one, in the purchase of tax anticipation warrants of
the board ordered issued by the city council of such city at the request of
said board of education. Such warrants shall bear interest not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. All interest on such warrants and
all moneys paid in redemption
or received from the resale thereof shall at once be credited to and placed
in such fund so held by the board. No board, however, so using any of its
own funds for the purchase of tax anticipation warrants shall apply to the
payment thereof while so held by it any taxes against and in anticipation
of which such warrants have been issued, unless and until all warrants and
the interest thereon, issued by the board against and in anticipation of
the same taxes and sold to other purchasers at public or private sale, and
all bonds, together with interest thereon, issued pursuant to the
provisions of this Act, have been first paid or moneys sufficient for the
payment thereof have been deposited with the treasurer of the board as a
special fund to be held and used solely for the purpose of paying such
warrants and bonds with interest thereon when presented. This section does
not prevent the resale or reissue of any warrants as provided in Section
34-26.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/34-26) (from Ch. 122, par. 34-26)
Sec. 34-26.
Resale of tax anticipation warrants-Sale of new warrants.
If it is deemed necessary or expedient to convert into money any tax
anticipation warrants issued and purchased by public funds pursuant to
Section 34-25 before the receipt of taxes in anticipation of which the
warrants were issued, the board by resolution adopted by a vote of a
majority of its entire membership may authorize a resale of such warrants
and adjust the interest rate thereon, or as permitted by statute may
authorize the issuance and sale of a like principal amount of new warrants
for the same purpose and in anticipation of the same taxes as the original
warrants were issued and bearing any date subsequent to the date of the
original tax anticipation warrants, the new tax anticipation warrants to be
of the denomination and bear such interest not to exceed the statutory
rate, all as may be authorized by such resolution. Upon the delivery of the
new tax anticipation warrants, a like principal amount of such original
warrants that were issued against the same tax that is anticipated by the
new warrants shall be paid and cancelled and the proceeds of the sale of
the new tax anticipation warrants shall be used first to restore to the
funds so invested in the original tax anticipation warrants money
equivalent to the par value and accrued interest of the original tax
anticipation warrants and the balance, if any, shall revert to the fund for
the creation of which the tax so anticipated was levied. Warrants so resold
or reissued shall have the same incidence of priority with respect to
payment and shall be paid in the same manner as other warrants issued in
anticipation of the same tax and sold in the first instance to any
purchaser other than the issuing board of education.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-27) (from Ch. 122, par. 34-27)
Sec. 34-27.
Use
of special funds to purchase outstanding bonds.
If the board has in its treasury any fund set aside for some particular
purpose that is not immediately necessary for such purpose, it may by
resolution adopted by a majority of its full membership use the money in
such fund in the purchase of bonds issued by the board representing an
obligation and pledging the credit of the board, and all interest upon such
bonds and all moneys paid in redemption of the bonds or realized from the
sale thereof shall at once be credited to and placed in such fund.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-28) (from Ch. 122, par. 34-28)
Sec. 34-28.
Investment of school funds.
Investments of school funds shall be
made by the board of education only in Federal Government, State or municipal
securities the payment of which is protected by the power to levy taxes
therefor or in certificates of deposit constituting direct obligations of any
savings and loan association, or any bank as defined by the Illinois Banking
Act, as heretofore and hereafter amended, provided, however, that such
investments in certificates of deposit may be made only in those banks which
are insured by the Federal Deposit Insurance Corporation or in withdrawable
capital accounts or deposits of State or Federal chartered savings and loan
associations which are insured by the Federal Savings and Loan Insurance
Corporation.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(Source: P.A. 86-1028.)
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(105 ILCS 5/34-29) (from Ch. 122, par. 34-29)
Sec. 34-29.
Audit of accounts.
The board shall for each fiscal year and may as often as necessary,
appoint certified public accountants to examine the business methods and
audit the accounts of the board as of December 31, 1972, as of December 31,
1973, as of August 31, 1974, as of August 31 of each year
thereafter through August 31, 1996, as of June 30, 1997, and as of June 30 of
each year thereafter,
and a report thereof, together with any recommendations of such accountants
as to changes in business methods of the board or any of its departments,
officers or employees shall be made to the mayor, the city council, and the
board and be filed in the records of the board. The
board shall prepare
and publish an annual report including in detail all receipts and
expenditures, specifying the source of the receipts and the objects of the
expenditures, and shall transmit it to the mayor and the city council. The
board shall account for the expenses of each fiscal year but shall not be
required to make any apportionment of such expenses between the two
separate levies made during each calendar year.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-29.1) (from Ch. 122, par. 34-29.1)
Sec. 34-29.1.
General obligation notes - Limitations - Issuance -
Tax levy - Tax rate - Reimbursement to working cash fund. The
board may incur an indebtedness by the issuance of full faith and
credit general obligation notes in an amount not to exceed 85% of the
taxes levied for educational purposes, building purposes and the
purchase of school grounds, free textbook purposes and for school
playground and recreation purposes respectively, in the fiscal year in
which said notes are issued, without the submission to the electors of
the school district or city for approval of the question of the issuance
of such notes, provided, however, no notes shall be issued when there
are outstanding tax anticipation warrants issued or to be issued against
such taxes, nor shall such full faith and credit general obligation
notes, tax anticipation warrants, or amounts transferred from the
working cash fund, in the aggregate, exceed 90% of the taxes
levied for the aforesaid purposes. Such notes shall bear interest at a
rate of not to exceed
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the
time of the making of the contract, or (ii)8% per annum, and shall mature
within 2 years from date.
Whenever the board desires to issue such notes as herein authorized,
it shall adopt a resolution designating the purposes for which the
proceeds of the notes are to be expended and fixing the amount of the
note proposed to be issued, the maturity thereof, and optional
provisions, if any, the rate of interest thereon, and the amount of
taxes to be levied annually for the purpose of paying the interest upon
and the principal of said notes.
Said notes shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold by the board
upon such terms as may be approved by the board, and the proceeds
thereof shall be received by the city treasurer, as school treasurer,
and expended by the board for the purposes provided in the resolution
authorizing any such notes.
Before or at the time of issuing any notes herein authorized,
the board shall, by resolution, provide for the levy
and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
resolution, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The resolution shall be in force upon its passage.
After any such notes have been issued and while such notes are
outstanding, it shall be the duty of the county clerk wherein such
school district is located in computing the several tax rates for the
several purposes respectively for which the notes have been issued
respectively to reduce said tax rates respectively levied for such
purposes respectively by the amount levied to pay the principal of and
interest on such notes respectively to maturity, provided the tax rate
for educational purposes shall not be reduced beyond the amount
necessary to reimburse any money borrowed from the working cash fund,
and it shall be the duty of the secretary of the board annually, not
less than thirty (30) days prior to the tax extension date, to certify
to the county clerk of the county wherein such school district is
located the amount of money borrowed from the working cash fund to be
reimbursed from the educational purposes tax.
No reimbursement shall be made to the working cash fund until there
has been accumulated from the tax levy provided for the notes issued for
educational purposes an amount sufficient to pay the principal of and
interest on such notes as the same become due.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86-4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4; 86-930; 86-1028.)
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(105 ILCS 5/34-29.2) (from Ch. 122, par. 34-29.2)
Sec. 34-29.2.
Debt service funds for obligations.
(a) The board shall establish debt service funds, each to be maintained by a
corporate trustee (which may be any trust company or bank having the power of a
trust
company within the State) separate and segregated from all other funds and
accounts of the board, for those issues of obligations of
the board for the payment of which a separate tax has been or is to be levied,
including, without limitation, a debt service fund for the
general obligation bonds of the board, a debt service fund for the
general obligation notes of the board and a debt service fund for the lease
rentals payable by the board to the Public Building Commission of Chicago.
Such funds shall be established for each such outstanding obligation of
the board and also for each such obligation as shall be issued by the board
after the effective date of this amendatory Act of 1981. The trustee
maintaining
each such debt service fund shall account separately on its books and records
for each such issue of such obligations.
(b) The city treasurer, as ex officio treasurer of the board, shall, with
respect to each collection of taxes levied on behalf of the board, allocate
the amounts collected among the issues of such obligations
and deliver a report of such allocation to the county collector of each county
wherein the board is located. On the basis of such allocation, the county
collector shall pay the proceeds
of each separate tax levied for the payment of any issue of such
obligations upon receipt directly to the corporate trustee maintaining the
debt service fund for
such obligations for deposit in such debt service fund.
In addition, the board shall pay the amount of personal property tax replacement
tax revenues applicable to each issue of such obligations
upon receipt directly to the corporate trustee maintaining the debt service
fund for such obligations for deposit in such debt service
fund. Each such deposit shall be held in trust for the benefit of the party
or parties to whom payment of such obligations is payable.
All such proceeds of such taxes and revenues shall be applied solely for the
payment of the related obligations and shall not be used for
any other purpose until such obligations are paid in full.
Each levy of such taxes shall
be for the sole benefit of the party or parties to whom payment of such
obligations is payable and such party or parties
shall have a security interest in and lien upon all rights, claims and interest
of the board arising pursuant to any such
levy and all present and future proceeds of such levy until such
obligations are paid in full.
Such party or parties shall further have a security interest in and lien
upon all personal property tax replacement tax revenues upon deposit in
the appropriate debt service fund as above provided.
(c) Any lien or security interest for the benefit of the party or parties
to whom any such obligations are payable, made pursuant
to this Act, shall be valid and binding from the effective date of the
amendatory Act of 1980, and with respect to any obligations issued after
the effective date of this amendatory Act of 1981, shall be valid and binding
from the date of issue of such obligations, in each case without any physical
delivery or further act, and shall be valid and binding as against, and
prior to any claims of, all other parties
having claims of any kind in tort, contract or otherwise, against the board,
irrespective of whether such parties have notice thereof.
(d) Any monies on deposit in any such debt service fund and not necessary
for immediate use may be invested or reinvested in Investment Obligations,
as defined in Section 34A-103 of this Act.
The board may from time to time withdraw from any such debt service fund,
to the extent not prohibited by the resolution of the board authorizing
issuance of such obligations, the amount of interest or other
investment
earnings in such funds but only to the extent that the total amounts in such
fund
after
such withdrawal shall not be less than the requirements for that fund. Any
amounts deposited in any such debt service fund not required for payment of
principal of or interest on any obligation because that payment has been made
or provided for may be withdrawn by the board from the fund at any time, but
only to the extent that the total amount in the fund after the withdrawal is
not less than the requirements for the fund. The board is not required to make
any tax abatement with respect to any such amounts withdrawn or on account of
any provision for payment of principal of or interest on obligations. Any
amounts so withdrawn by the board may be used for any lawful purpose of the
board.
(Source: P.A. 88-511.)
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(105 ILCS 5/34-29.3) (from Ch. 122, par. 34-29.3)
Sec. 34-29.3.
Transfer of excess funds.
When bonds are issued under
Sections 34-22 through 34-22.7, and the purposes for which the bonds have
been issued are accomplished and paid for in full and there remain funds
on hand from the bonds so issued, the board by resolution may transfer such
excess funds to the working cash fund.
(Source: P.A. 84-1334.)
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(105 ILCS 5/prec. Sec. 34-30 heading)
WORKING CASH FUND
|
(105 ILCS 5/34-30) (from Ch. 122, par. 34-30)
Sec. 34-30.
Establishment of fund authorized-Purpose.
The board may, by resolution, establish a fund to be known as a "working
cash fund" which shall be maintained and administered for the purpose of
enabling the board to have in its treasury at all times sufficient money to
meet demands thereon for ordinary and necessary expenditures for
educational purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-31) (from Ch. 122, par. 34-31)
Sec. 34-31.
Bond issue to increase fund.
(a). Where the board has created and is maintaining such a working
cash fund for the purposes above mentioned, it may, with the consent of
the city council expressed by ordinance, incur an indebtedness for the
purpose of increasing such fund and issue bonds therefor from time to
time, in an amount or amounts not exceeding in the aggregate
$75,000,000, exclusive of all bonded indebtedness authorized for that
purpose prior to May 16, 1967, without the submission thereof to the
electors of the school district or city for approval.
(b). The board may incur an additional indebtedness for the purpose
of further increasing such fund and issue additional bonds therefor,
from time to time, in an amount or amounts not exceeding in the
aggregate $20,000,000, exclusive of all bonded indebtedness authorized
for that purpose prior to the effective date of this amendatory Act of
1971, without the submission thereof to the electors of the school
district or city for approval.
(c). The board may incur an additional indebtedness for the purpose
of further increasing such fund and issue additional bonds therefor,
from time to time, in an amount or amounts not exceeding in the
aggregate $25,000,000, exclusive of all bonded indebtedness authorized
for that purpose prior to the effective date of this amendatory Act of
1973, without the submission thereof to the electors of the school
district or city for approval.
(d). The board may incur an additional indebtedness for the purpose of
further increasing such fund and issue additional bonds therefor, from time
to time, in an amount or amounts not exceeding in the aggregate $31,000,000,
exclusive of all bonded indebtedness authorized for that purpose prior to
the effective date of this amendatory Act of 1977, without the submission
thereof to the electors of the school district or city for approval.
(e). Any bonds issued under paragraphs (a), (b), (c) or (d) of this
Section shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall mature within 20 years from date of issue. The authority herein
granted in paragraphs (a), (b), (c) and (d) shall be considered exclusive of
each other and as cumulative authority for the issuance of such bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/34-32) (from Ch. 122, par. 34-32)
Sec. 34-32.
Resolution for bond issue-Signature-Sale.
Before issuing any bonds under Section 34-31, as amended, the board
shall adopt a resolution designating the purpose and fixing the amount of
the bonds proposed to be issued, the maturity thereof, the rate of interest
thereon and the amount of taxes to be levied annually for the purpose of
paying the principal and interest.
The bonds shall be issued in the corporate name of the school district.
They shall be signed by the president and secretary of the board, and
countersigned by the mayor and the comptroller (or city clerk if there be
no comptroller) of the city. They shall be sold by the city comptroller (or
city clerk if there be no comptroller) at not less than par upon such terms
as may be approved by the board after advertisement for bids as ordered by
and under the direction of the board and the proceeds thereof shall be
received by the city treasurer, as school treasurer, for the uses herein
provided.
(Source: Laws 1961, p. 3226.)
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(105 ILCS 5/34-33) (from Ch. 122, par. 34-33)
Sec. 34-33.
Tax
for payment of bonds.
Before or at the time of issuing bonds under Sections 34-31 and 34-32,
as amended, the city council, upon the demand and under the direction of
the board, shall, by ordinance, provide for the collection of a direct
annual tax upon all the taxable property of the school district sufficient
to pay and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Upon the filing in the office of the
county clerk of the county wherein the school district is located of a
certified copy of any such ordinance the county clerk shall extend the tax
therein provided for. The ordinance shall be in force upon its passage.
(Source: Laws 1961, p. 3226.)
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(105 ILCS 5/34-34) (from Ch. 122, par. 34-34)
Sec. 34-34.
Bond moneys set apart-Use and reimbursement of fund.
All
moneys derived from the issuance of bonds under Sections 34-31 and
34-32, or from any tax levied pursuant to Section 34-57 when received by
the city treasurer, as school treasurer, shall be set apart in the
working cash fund. The moneys in such fund shall not be regarded as
current assets available for appropriation and shall not be appropriated
by the board in the annual school budget, but in order to provide moneys
with which to meet ordinary and necessary disbursements for salaries and
other educational purposes may be transferred, in whole or in part, to
the educational purposes fund of the board and so disbursed therefrom
(a) in anticipation of the collection of any taxes lawfully levied for
educational purposes, (b) in anticipation of the receipt of moneys to be
derived from the common school fund of the State and from State
appropriations, or (c) in anticipation of such taxes, as by law now or
hereafter enacted or amended, imposed by the General Assembly of the
State of Illinois to replace revenue lost by units of local government
and school districts as a result of the abolition of ad valorem personal
property taxes, pursuant to Article IX, Section 5(c) of the Constitution
of the State of Illinois. Moneys transferred to the educational
purposes fund in anticipation of the collection of taxes shall be deemed
to have been transferred in anticipation of the collection of that part
of the taxes so levied or to be received which is in excess of the
amount or amounts thereof required to pay any warrants, and the interest
thereon, theretofore or thereafter issued under Sections 34-22 through
34-24, the amount estimated to be required to satisfy debt service and
pension or retirement obligations as set forth in Section 12 of "An Act
in relation to State revenue sharing with local government entities", approved
July 31, 1969, as amended.
Such taxes levied for educational purposes when collected
shall be applied first to the payment of any such warrants or notes and
the interest thereon and
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and
then to the reimbursement of the working cash
fund as hereinafter provided. Upon the receipt by the city treasurer, as
school treasurer, of any taxes or other moneys, in anticipation of the
collection or receipt whereof moneys of the working cash fund have been
so transferred for disbursement, such fund shall immediately be
reimbursed therefrom until the full amount so transferred has been
re-transferred to said fund. If taxes in anticipation of the collection
of which such transfers are made are not collected in sufficient amounts
to effect a complete reimbursement of the working cash fund of the
amounts transferred from the working cash fund to the educational
purposes fund the deficiencies between the amounts thus transferred and
the amounts repaid from collections shall be general obligations of the
educational purposes fund until repaid either from taxes in anticipation
of which transfers were made or from appropriations which may be made in
annual school budgets of sums of money to apply on such general
obligations or until repaid from both the taxes in anticipation of which
such transfers were made and from appropriations which may be made in
annual school budgets of sums of money to apply on such general
obligations.
(Source: P.A. 81-1506.)
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(105 ILCS 5/34-35) (from Ch. 122, par. 34-35)
Sec. 34-35.
Resolution for transfer from fund-Amount transferred.
Moneys shall be transferred from the working cash fund to the
educational purposes fund only upon the authority of the board, which
shall by resolution direct the school treasurer to make such transfers.
The resolution shall set forth (a) the taxes or other funds in
anticipation of the collection or receipt of which the working cash fund
is to be reimbursed, (b) the entire amount of taxes extended, or which
the board shall estimate will be extended or received, for any year in
anticipation of the collection of all or part of which such transfer is
to be made, (c) the aggregate amount of warrants or notes theretofore
issued in anticipation of the collection of such taxes under the
provisions of Sections 34-22 through 34-24 together with the amount of
interest accrued and which the board of education estimates will accrue
thereon, (d) the amount of moneys which the board of education estimates
will be derived for any year from the common school fund of the State
and from State appropriations in anticipation of the receipt of all or
part of which such transfer is to be made, (e)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government
entities", approved July 31, 1969, as amended, and (f)
the aggregate amount
of moneys theretofore transferred from the working cash fund to the
educational purposes fund in anticipation of the collection of such
taxes or of the receipt of such other moneys from the State. The amount
which the resolution shall direct the school treasurer so to transfer in
anticipation of the collection of taxes levied or to be received for any
year, together with the aggregate amount of such anticipation tax
warrants or notes theretofore drawn against such taxes
and the amount of
the interest accrued and estimated to accrue thereon, the amount estimated
to be required to satisfy debt service and pension or
retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
and the aggregate
amount of such transfers theretofore made in anticipation of the
collection of such taxes shall not exceed 90% of the actual or estimated
amount of such taxes extended or to be extended or to be received as set
forth in the resolution. The amount which the resolution shall direct
the school treasurer so to transfer in anticipation of the receipt of
moneys to be derived for any year from the common school fund of the
State or from any State appropriation, together with the aggregate
amount theretofore transferred in anticipation of the receipt of any
such moneys, shall not exceed the total amount which it is so estimated
will be received from such source. When moneys are available in the
working cash fund they shall be transferred to the educational purposes
fund and disbursed for the payment of salaries and other educational
expenses so as to avoid, whenever possible, the issuance of tax
anticipation warrants or notes.
(Source: P.A. 81-1506.)
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(105 ILCS 5/34-36) (from Ch. 122, par. 34-36)
Sec. 34-36.
Violations of provisions-Liability.
Any member of the board or any officer thereof or of the city, or any
other person holding any other trust or employment under the board or
city, who is guilty of the wilful violation of any of the provisions of
Sections 34-30 through 34-35, shall be guilty of a business offense
and may be fined not exceeding $10,000 and shall forfeit his right to
his office, trust or employment and shall be removed therefrom. Any such
member, officer or person shall be liable for any sum that may be
unlawfully diverted from the working cash fund or otherwise used, to be
recovered by the board or by any taxpayer in the name and for the
benefit of the board in an appropriate civil action. A taxpayer so
suing shall file a bond for and shall be liable for all costs taxed
against the board in such suit. Nothing herein shall bar any other
remedies.
(Source: P.A. 79-1366.)
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(105 ILCS 5/34-37) (from Ch. 122, par. 34-37)
Sec. 34-37.
Abolishment of working cash funds.
The board may abolish
its working cash fund, upon the adoption of a resolution so providing, and
directing the transfer of any balance in such fund to the educational purposes
fund, effective upon the adoption of such resolution. Thereafter, all outstanding
taxes of such board levied pursuant to Section 34-57 of this Article shall
be collected and paid into the educational fund. Any obligation incurred
by such board pursuant to Section 34-31 of this Article shall be discharged
as therein provided. Nothing contained herein shall affect the validity
of any existing obligations of the board.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34-38) (from Ch. 122, par. 34-38)
Sec. 34-38.
Re-creation of working cash fund.
Nothing in this Article prevents
a board which has abolished its working cash fund from again creating a
working cash fund in the manner provided in Section 34-30 of this Article;
provided, however that should the working cash fund be so recreated, the
board shall not thereby be authorized to issue working cash fund bonds in
an amount greater than the amount authorized at the time of abolition of
such fund, and no tax shall be levied for the recreated working cash fund
pursuant to Section 34-57 of this Article.
(Source: P.A. 81-1221.)
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(105 ILCS 5/prec. Sec. 34-42 heading)
BUDGET AND APPROPRIATIONS
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(105 ILCS 5/34-42) (from Ch. 122, par. 34-42)
Sec. 34-42.
Fiscal year.
The period commencing January 1, 1974 and ending
August 31, 1974 shall be a fiscal year. Beginning September 1, 1974, each
fiscal year of the board through fiscal year 1996 shall commence on September 1
of each year and end on August 31 of the following year. The period commencing
September 1, 1996 and ending June 30, 1997 shall be a fiscal year. Beginning
July 1, 1997 and thereafter, the fiscal year of the board shall commence on
July 1 of each year and end on June 30 of the following year.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-42.1)
Sec. 34-42.1. (Repealed).
(Source: P.A. 77-2734. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-42.2)
Sec. 34-42.2. (Repealed).
(Source: P.A. 78-497. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-43) (from Ch. 122, par. 34-43)
Sec. 34-43.
Adoption of budget and resolution.
The board shall, within the first 60 days of each fiscal year, adopt a
budget and pass a resolution to be termed the "annual school budget",
hereinafter called the "budget", in and by which the board, subject to the
limitations hereinafter contained, shall appropriate such sums of money as
may be required to defray all of its estimated expenses and liabilities to
be paid or incurred during the fiscal year.
The budget shall be balanced in each year within standards established by
the board, consistent with the provisions of this Article.
The budget may provide for the accumulation of funds for educational purposes
as the board may direct for capital improvements or in order to achieve a
balanced budget in a future year within the 4-year period of the board's
financial plan to begin in that budget year. The budget may also provide for a
reserve in the educational fund to ensure uninterrupted services in the event
of unfavorable budget variances.
The changes made to this Section by this amendatory Act of 1996 apply to
budgets and amended
and supplemental
budgets for fiscal years beginning in 1995 and subsequent
years.
(Source: P.A. 89-636, eff. 8-9-96.)
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(105 ILCS 5/34-43a)
Sec. 34-43a.
Post annual budget on web site.
The school district
shall post its current annual school budget, itemized by
receipts and
expenditures, on the
district's Internet web site. The school district shall notify the parents or
guardians of its students that the budget has been posted on the
district's web site and what the web site's address is.
(Source: P.A. 92-438, eff. 1-1-02.)
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(105 ILCS 5/34-43.1) (from Ch. 122, par. 34-43.1)
Sec. 34-43.1. (A) Limitation of noninstructional costs. It is the
purpose of this Section to establish for the Board of Education and the
general superintendent of schools requirements and standards which maximize
the proportion of school district resources in direct support of
educational, program, and building maintenance and safety services for the
pupils of the district, and which correspondingly minimize the amount and
proportion of such resources associated with centralized administration,
administrative support services, and other noninstructional services.
The Board
of Education shall undertake budgetary and expenditure control actions which
limit the administrative expenditures of the Board of Education to levels,
as provided for in this Section, which represent an average of the
administrative expenses of all school districts in this State not subject
to Article 34.
(B) Certification of expenses by the State Superintendent of Education.
The State Superintendent of Education shall annually certify, on or before
May 1, to the Board of Education, for the
applicable school year, the following information:
(1) the annual expenditures of all school districts | ||
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(2) the total annual expenditures of all school | ||
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(3) a ratio, to be called the statewide average of | ||
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For purposes of the annual certification of expenditures and ratios
required by this Section, the "applicable year" of certification shall
initially be the 1986-87 school year and, in sequent years, each
succeeding school year.
The State Superintendent of Education shall consult with the Board of
Education to ascertain whether particular expenditure items allocable to
the administrative functions enumerated in paragraph (B)(1) are
appropriately or necessarily higher in the applicable school district than
in the rest of the State due to noncomparable factors. The State
Superintendent shall also review the relevant cost proportions in other
large urban school districts. The State Superintendent shall also review
the expenditure categories in paragraph (B)(1) to ascertain whether they
contain school-level expenses. If he or she finds that adjustments to the
formula are appropriate or necessary to establish a more fair and
comparable standard for administrative cost for the Board of Education or
to exclude school-level expenses, the State Superintendent shall recommend
to the Board of Education adjusting certain costs in
determining the budget and expenditure items properly attributable to the
functions or otherwise adjust the formula.
(C) Administrative expenditure limitations. The annual budget of the
Board of Education, as adopted and implemented, and the
related annual expenditures for the school year, shall reflect a limitation
on administrative outlays as required by the following provisions, taking
into account any adjustments established by the State Superintendent of
Education: (1) the budget and expenditures of the Board of Education shall reflect
a ratio of administrative expenditures to total expenditures equal to or
less than the statewide average of administrative expenditures certified by
the State Superintendent of Education for the applicable year pursuant to
paragraph (B)(3); (2) if for any school year the budget of the Board of
Education reflects a ratio of administrative expenditures to total
expenditures which exceeds the applicable statewide average, the Board of
Education shall reduce expenditure items allocable to the administrative
functions enumerated in paragraph (B)(1) such that the Board of Education's
ratio of administrative expenditures to total expenditures is equal to or
less than the applicable statewide average ratio.
For purposes of this Section, the ratio of administrative expenditures to
the total expenditures of the Board of Education, as applied to the budget
of the Board of Education, shall mean: the budgeted expenditure items of
the Board of Education properly attributable to the expenditure functions
identified in paragraph (B)(1) divided by the total budgeted expenditures of
the Board of Education properly attributable to the Board of Education
funds corresponding to those funds identified in paragraph (B)(2),
exclusive of any monies budgeted for payment to the Public School Teachers'
Pension and Retirement System, attributable to payments due from the
General Funds of the State of Illinois.
The annual
expenditure of the Board of Education for 2320 shall be no greater than the 2320
expenditure for the immediately preceding school year or the 1988-89 school
year, whichever is less. This annual expenditure limitation may be
adjusted in each year in an amount not to exceed any change effective
during the applicable school year in salary to be paid under the collective
bargaining agreement with instructional personnel to which the Board is a
party and in benefit costs either required by law or such collective
bargaining agreement.
(D) Cost control measures. In undertaking actions to control or reduce
expenditure items necessitated by the administrative expenditure
limitations of this Section, the Board of Education shall give priority
consideration to reductions or cost controls with the least effect upon
direct services to students or instructional services for pupils, and upon
the safety and well-being of pupils, and, as applicable, with the
particular costs or functions to which the Board of Education is higher
than the statewide average.
For purposes of assuring that the cost control priorities of this
subsection (D) are met, the State Superintendent of Education shall, with
the assistance of the Board of Education, review the cost allocation
practices of the Board of Education. No position closed shall be
reopened using State or federal categorical funds.
(E) Report of Audited Information. The Board of Education shall file with the
State Board of Education the Annual Financial Report and its audit, as
required by the rules of the State Board of Education. Such reports shall
be filed no later than February 15 following the end of the school year of
the Board of Education.
As part of the required Annual Financial Report, the Board of Education
shall provide a detailed accounting of the central level, district, bureau
and department costs and personnel included within expenditure functions
included in paragraph (B)(1). The nature and detail of the reporting
required for these functions shall be prescribed by the State Board of
Education in rules and regulations. A copy of this detailed accounting
shall also be provided annually to the
public. This report shall contain a reconciliation to the board of
education's adopted budget for that fiscal year, specifically delineating
administrative functions.
If the information required under this Section is not provided by the
Board of Education in a timely manner, or is initially or subsequently
determined by the State Superintendent of Education to be incomplete or
inaccurate, the State Superintendent shall, in writing, notify the Board
of Education of reporting deficiencies. The Board of Education shall,
within 60 days of such notice, address the reporting deficiencies
identified. If the State Superintendent of Education does not receive
satisfactory response to these reporting deficiencies within 60 days, the
next payment of evidence-based funding due the Board of Education under Section 18-8.15 and all subsequent payments shall be withheld by the State
Superintendent of Education until the enumerated deficiencies have
been addressed.
Utilizing the Annual Financial Report, the State Superintendent of
Education shall certify annually on or before May 1
the Board of Education's ratio of administrative expenditures to total
expenditures. Such certification shall indicate the extent to which the
administrative expenditure ratio of the Board of Education conformed to the
limitations required in subsection (C) of this Section, taking into account
any adjustments of the limitations which may have been recommended by the
State Superintendent of Education to the Board of Education. In
deriving the administrative expenditure ratio of the Chicago Board of
Education, the State Superintendent of Education shall utilize the
definition of this ratio prescribed in subsection (C) of this Section,
except that the actual expenditures of the Board of Education shall be
substituted for budgeted expenditure items.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-44) (from Ch. 122, par. 34-44)
Sec. 34-44.
Budget estimates.
The budget shall set forth estimates, by
classes, of all current assets and liabilities of each fund of the board
as of the beginning of the fiscal
year, and the amounts of such assets estimated to be 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 estimated to be sufficient to cover the loss and
cost of collecting such taxes and also deferred collections thereof and
abatements in the amount of such taxes extended or to be extended upon the
collectors' books.
Estimates of the liabilities of the respective funds shall include:
1. All final judgments, including accrued interest thereon, entered
against the board and unpaid at the beginning of such fiscal year;
2. 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 fiscal year;
3. Any amount for which the board is required to reimburse the working
cash fund from the educational purposes fund pursuant to the provisions of
Section 34-30 through 34-36 and
4. The amount of all accounts payable including estimates of audited
vouchers, participation certificates, inter fund loans and purchase orders
payable.
The budget shall also set forth detailed estimates of all accrued tax
revenues recognized for such year and of all current revenues to be
derived from sources
other than taxes, including State contributions, rents, fees, perquisites
and all other types of revenue, which will be applicable to expenditures
or charges to be made or incurred during such year.
All such estimates shall be so segregated and classified as to funds,
and in such other manner as to give effect to the requirements of law
relating to the respective purposes to which the assets and taxes and other
current revenues are applicable, so that no expenditure shall be authorized
or made for any purpose in excess of the money lawfully available therefor.
The several estimates of assets, liabilities and expenditure
requirements required or authorized to be made by this and the next
succeeding section shall be made on the basis of information known to the
board at the close of the preceding fiscal year and shall not be
invalidated or otherwise subject to attack merely because after that time
additional information is known to or could be discovered by the board that
would require a different estimate, or because the board might have amended
such estimates under any of the provisions of Section 34-47.
(Source: P.A. 84-1238.)
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(105 ILCS 5/34-44.1) (from Ch. 122, par. 34-44.1)
Sec. 34-44.1.
Supplemental budget estimate.
When the value of the
taxable property in the school district is increased either by the
establishment of a new multiplier by the Department of Revenue or the
availability of a later assessment by virtue of additions
to the tax rolls or increases in assessments made by the county assessor
after the annual school budget has been adopted, the board of education
may adopt, by a 2/3 vote of the full membership of the board, a
supplemental budget to provide for the use of the added potential
revenues in an amount that shall not exceed a sum equivalent to the
product of the amount of the increase in the value of taxable property
in the district multiplied by the maximum per cent or rate of tax which
the board and the corporate authorities of the city are authorized by
law to levy for the current fiscal year for educational, building, free
textbook, agricultural science school, supervised playground outside school
hours purposes (or supervised playground outside school hours and stadia,
social center and summer swimming pool open to the public purposes, as the case
may be) or special education purposes. With respect to any supplemental budget
based upon an increase in the value of the taxable property in the school
district, such supplemental budget shall be adopted within 60 days of the date
of the final certification of the equalization rate by the Department of
Revenue to the county clerk as provided in the Property Tax Code, regardless of
whether the adoption occurs within or
after the close of the fiscal year to which the increase applies, but shall not
become effective unless approved in accordance with Article 34A of "The School
Code".
(Source: P.A. 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-45) (from Ch. 122, par. 34-45)
Sec. 34-45.
Budget appropriations.
The budget shall specify:
1. the several organization units, purposes, and | ||
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2. the amount appropriated for each organization | ||
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3. the fund from or to which each amount | ||
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The budget shall include appropriations for:
1. all estimated current expenditures or charges to | ||
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2. all final judgments, including accrued interest | ||
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3. any amount for which the board is required to | ||
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4. all other estimated liabilities, including the | ||
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(Source: P.A. 84-1238.)
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(105 ILCS 5/34-45.1) (from Ch. 122, par. 34-45.1)
Sec. 34-45.1.
The amount appropriated in any annual, additional or supplemental
school budget adopted pursuant to this Article and specified in such budget
to be for workers' compensation, workers' occupational diseases compensation
and unemployment compensation purposes shall
include a sum estimated to be sufficient to cover the anticipated costs
of operating and administering the workers' compensation, workers' occupational
diseases compensation and unemployment compensation program for the purpose
of which such amount was appropriated, including employee wages, salaries
and the cost of legal services furnished in connection with the operation
and administration of such program. Liabilities incurred for such operating
and administrative costs, including employee wages and salaries and the
cost of legal services, shall upon being vouchered, audited and approved
by the board as provided in Section 34-51 be charged to and paid from the
fund of moneys appropriated for such purpose.
(Source: P.A. 83-718.)
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(105 ILCS 5/34-46) (from Ch. 122, par. 34-46)
Sec. 34-46.
Public participation.
The budget shall be prepared in tentative form by the board and in such
form shall be made available to public inspection for at least 15 days
prior to final action thereon, by having at least 5 copies thereof on file
in the office of the secretary of the board. Not less than 5 days after
such copies are so placed on file and prior to final action thereon, the
board shall hold at least 2 public hearings thereon, of which notice shall
be given at least once by publication in a newspaper having general
circulation in the
city at least 5 days prior to the time of the hearing. The board shall
arrange for and hold such public hearing or hearings, provided
that the final public hearing shall occur not less than 5 days prior to
the Board's final action on the budget. The board shall
cause its budget to be published in its proceedings within 30 days after
its adoption.
(Source: P.A. 82-764.)
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(105 ILCS 5/34-47) (from Ch. 122, par. 34-47)
Sec. 34-47.
Revision of items - Amendment - Publication.
Subsequent to the public hearing provided for in Section 34-46 and
before final action on the budget, the board may revise, alter, increase,
or decrease the items contained therein, but the aggregate amount finally
appropriated by the budget, including any subsequent amendment thereof,
from any fund or for any purpose, including amounts appropriated for
judgments and all other unpaid liabilities and all other purposes for which
such authorities are herein or otherwise by law required to appropriate,
shall not exceed the aggregate amount available in such fund or for such
purpose, as shown by the estimates of the available assets thereof at the
beginning of such fiscal year and of taxes and other current revenues set
forth in the budget. If the appropriations from any fund as set forth in
the budget as finally adopted exceed in the aggregate the maximum amount
which the board is authorized to appropriate therefrom, all appropriations
made from such fund by the budget shall be void and the several amounts
appropriated in the budget of the last preceding fiscal year, so far as
they relate to operation and maintenance expenses, shall be deemed to be
appropriated for the current fiscal year for objects and purposes,
respectively, as specified in said last budget and the several amounts so
appropriated shall constitute lawful appropriations for the current fiscal
year, but not in excess of amounts which will enable the Board to comply
with the requirements of Section 34A-402.
The board of education may amend the budget from time to time by the
same procedure as is herein provided for the original adoption of the budget.
(Source: P.A. 82-1020.)
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(105 ILCS 5/34-48) (from Ch. 122, par. 34-48)
Sec. 34-48.
Supplemental budgets - Emergencies.
After the effectiveness of the budget (other than an interim budget), the
board shall not make any other
appropriations prior to the adoption or passage of the next succeeding
budget. The board may not, either directly or indirectly, make any contract
or do any act which shall add to its expenditures or liabilities, in any
fiscal year, any thing or sum above the amount provided for in the budget
for that fiscal year except that the board may, at any time after the adoption
of the annual school budget, by a 2/3 vote of the full membership of the
board, pass an additional or supplemental budget, thereby adding appropriations
to those made in the annual school budget and such supplemental or additional
school budget shall be regarded as an amendment of the annual school budget
for that year; provided that any such additional or supplemental
appropriations so made shall not exceed the amount of additional moneys
which the board of education will have available for appropriation in that
year from any source, including any fund balances not previously appropriated,
over and above the amount of moneys which the board, at the time of the
adoption of its annual budget for that year, estimated would be available
for appropriation from such sources, or provided that the board, by a concurring
vote of 2/3 of all the
members thereof (said votes to be taken by yeas and nays and entered in the
proceedings of the board) may make any expenditures and incur any liability
rendered necessary to meet emergencies such as epidemics, fires, unforeseen
damages or other catastrophes happening after the annual school budget has
been passed or adopted. This
section does not prevent the board from providing for and causing to be
paid from its funds any charge imposed by law without the action of the
board.
(Source: P.A. 82-765.)
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(105 ILCS 5/34-49) (from Ch. 122, par. 34-49)
Sec. 34-49.
Contracts, expense and liabilities without appropriation.
No contract shall be made or expense or liability incurred by the board,
or any member or committee thereof, or by any person for or in its
behalf, notwithstanding the expenditure may have been ordered by the
board, unless an appropriation therefor has been previously made.
Neither the board, nor any member or committee, officer, head of any
department or bureau, or employee thereof shall during a fiscal year
expend or contract to be expended any money, or incur any liability, or
enter into any contract which by its terms involves the expenditure of
money for any of the purposes for which provision is made in the budget,
in excess of the amounts appropriated in the budget. Any contract,
verbal or written, made in violation of this Section is void as to the
board, and no moneys belonging thereto shall be paid thereon. Provided,
however, that the board may lease from any Public Building Commission
created pursuant to the provisions of the Public Building Commission
Act, approved July 5, 1955, as heretofore or hereafter amended, or from
any individuals, partnerships or corporations, any real
or personal property for the purpose of securing space for its school
purposes or office or other space
for its administrative functions for any period of time not exceeding 40
years, and such lease may be made and the obligation or expense
thereunder incurred without making a previous appropriation therefor,
except as otherwise provided in Section 34-21.1 of this Act. Provided
that the board may enter into agreements, including lease and lease
purchase agreements having a term not longer than 40 years from the date on
which such agreements are entered into, with individuals, partnerships, or
corporations for the construction of school buildings, school
administrative offices, site development, and school support facilities.
The board shall maintain exclusive possession of all such schools, school
administrative offices, and school facilities which it is occupying or
acquiring pursuant to any such lease or lease purchase agreement, and in
addition shall have and exercise complete control over the education
program conducted at such schools, offices and facilities. The board's
contribution under any such lease or lease purchase agreement shall be
limited to the use of the real estate and existing improvements on a rental
basis which shall be exempt from any form of leasehold tax or assessment,
but the interests of the board may be subordinated to the interests of a
mortgage holder or holders acquired as security for additional improvements
made on the property.
Provided that the board may enter into agreements, including lease and lease purchase
agreements, having a term not longer than 40 years from the date on which
such agreements are entered into for the provision of school buildings
and related property and facilities for an agricultural science school
pursuant to subparagraphs (8) through (10) of
Section 34-21.1; and such
agreements may be made and the obligations thereunder incurred without
making a previous appropriation therefor.
This Section does not prevent the making of lawful contracts for the
construction of buildings, the purchase of insurance, the leasing of
equipment, the purchase of personal property by a conditional sales
agreement, or the leasing of personal property under an agreement that
upon compliance with the terms of which the board shall become or has
the option to become the owner of the property for no additional
consideration or for a nominal consideration, the term of which may be
for periods of more than 1 year, but, in no case, shall such conditional
sales agreements or leases of personal property by which the board may
or will become the owner of the personal property, provide for the
consideration to be paid during a period of time in excess of 10 years
nor shall such contracts provide for the payment of interest in excess
of
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, on the unpaid balance owing; nor shall
this Section
prevent the making of lawful contracts for the purchase of fuel and the
removal of ashes for a period from July 1 of any year to June 30 of the
year following, or the making of lawful contracts for the transportation
of pupils to and from school, or the entering into of employment
contracts with individuals or groups of employees for any period not to
exceed 4 years, or the entering into contracts with third parties
for services otherwise performed by employees for any period not to exceed 5
years provided that the contracts with third parties for services provided at
attendance centers shall specify that the principal of an attendance center
shall have authority, to the maximum extent possible, to direct persons
assigned to the attendance center
pursuant to that contract, or the making of requirement contracts for not
to exceed one year the terms of which may extend into the succeeding fiscal
year provided,
however, that such contracts contain a limitation on the amount to be expended
and that such contracts shall impose no obligation on the board except pursuant
to written purchase order.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-50) (from Ch. 122, par. 34-50)
Sec. 34-50.
Transfers between appropriations - Delay.
The board may,
at any time by a two-thirds vote of all the members authorize the making
of transfers within any fund under its jurisdiction, of sums of money
appropriated for one object or purpose to another object or purpose,
which action shall be entered in its proceedings; provided that during
the first half of each fiscal year such transfers shall not exceed 10%
of any such fund, but no appropriation for any purpose shall be reduced
below an amount sufficient to cover all obligations incurred or to be
incurred against the appropriation for such purpose.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34-51) (from Ch. 122, par. 34-51)
Sec. 34-51.
Appropriation not to be construed as approval of board of liabilities.
The appropriation resolution or budget, including the amounts for the
payment of contract liabilities or to defray the expense of any project or
purpose, shall not be construed as an approval by the board of any such
liabilities or of any project or purpose mentioned, but shall be regarded
only as the provisions for a fund or funds for the payment thereof when
such liabilities have been found to be valid and legal obligations against
the board, and when properly vouchered, audited and approved by the board,
or when any project or purpose is approved and authorized by the board, as
the case may be.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-52) (from Ch. 122, par. 34-52)
Sec. 34-52.
Wilful violation of budget provisions.
Any member of the board, or any officer thereof or of the city or any
other person holding any trust or employment under the board or city who
wilfully violates any of the provisions of Sections 34-43 through
34-51 shall be guilty of a business offense and may be fined not
exceeding $10,000, and shall forfeit his right to his office, trust or
employment and shall be removed therefrom. Any such member, officer or
person shall be liable for the amount of any loss or damage suffered by
the board resulting from any act of his in violation of the terms of any
of those sections, to be recovered by the board or by any taxpayer in
the name and for the benefit of the board, in an appropriate civil action.
Any taxpayer bringing any such action must file a bond for all
costs, and shall be liable for all costs taxed against the board in such
suit, and judgment shall be rendered accordingly. This Section does not
bar any other remedies.
(Source: P.A. 79-1366.)
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(105 ILCS 5/34-52.1) (from Ch. 122, par. 34-52.1)
Sec. 34-52.1.
Form of ballot and notice.
Whenever any proposition to authorize or
to levy an annual tax, or to increase the annual rate of tax levied by any
school district, for any school purpose is submitted to the voters of such
district at any election, each required notice or other publication of the
election or referendum and the form of ballot shall contain, in addition to
any other matters required by law:
(a) the geographic or other common name of the school district by
which that district is commonly known and referred to, as well as the
number of the district;
(b) the maximum rate at which such tax may be levied if the
proposition is approved; and
(c) if the proposition is to increase the annual rate of an existing
tax levied by the school district, then in addition to the matters set
forth in (a) and (b) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum
rate at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 85-374.)
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(105 ILCS 5/34-53) (from Ch. 122, par. 34-53)
Sec. 34-53. Tax levies; purpose; rates. For the purpose of
establishing and supporting free schools for not fewer than 9 months in
each year and defraying their expenses the board may levy annually, upon all taxable
property of such district for educational purposes a tax for
the fiscal years 1996 and each succeeding fiscal year at a rate of not to exceed the sum of (i) 3.07% (or such other rate as may be set
by law
independent of the rate difference described in (ii) below) and (ii) the
difference between .50% and the rate per cent of taxes extended for a
School Finance Authority organized under Article 34A of the School Code,
for the calendar year in which the applicable fiscal year of the board
begins as determined by the county clerk and certified to the board
pursuant to Section 18-110 of the Property Tax Code, of the value as
equalized or assessed by the Department of Revenue for the year in which
such levy is made.
Beginning on the effective date of this amendatory Act of the 99th General Assembly, for the purpose of making an employer contribution to the Public School Teachers' Pension and Retirement Fund of Chicago, the board may levy annually for taxable years prior to 2017, upon all taxable property located within the district, a tax at a rate not to exceed 0.383%. Beginning with the 2017 taxable year, for the purpose of making an employer contribution to the Public School Teachers' Pension and Retirement Fund of Chicago, the board may levy annually, upon all taxable property within the district, a tax at a rate not to exceed 0.567%. The proceeds from this additional tax shall be paid, as soon as possible after collection, directly to Public School Teachers' Pension and Retirement Fund of Chicago and not to the Board of Education. The rate under this paragraph is not a new rate for the purposes of the Property Tax Extension Limitation Law. Notwithstanding any other provision of law, for the 2016 tax year only, the board shall certify the rate to the county clerk on the effective date of this amendatory Act of the 99th General Assembly, and the county clerk shall extend that rate against all taxable property located within the district as soon after receiving the certification as possible. Nothing in this amendatory Act of 1995
shall in
any way impair or restrict the levy or extension of taxes pursuant to any
tax levies for any purposes of the board lawfully made prior to the
adoption of this amendatory Act of 1995.
Notwithstanding any other provision of this Code and in
addition to any other methods provided for increasing the tax rate
the board may, by proper resolution, cause a
proposition to increase the annual tax rate for educational purposes to
be submitted to the voters of such district at any general or special
election. The maximum rate for educational purposes shall not exceed
4.00%. The election called for such purpose shall be governed by
Article 9 of this Act. If at such election a majority of the votes cast
on the proposition is in favor thereof, the Board of Education may
thereafter until such authority is revoked in a like manner, levy
annually the tax so authorized.
For purposes of this Article, educational purposes for fiscal years
beginning in 1995 and each subsequent year shall also include, but not be
limited to, in addition to those purposes authorized before this amendatory Act
of 1995, constructing, acquiring, leasing (other than from the Public Building
Commission of Chicago), operating, maintaining, improving, repairing, and
renovating land, buildings, furnishings, and equipment for school houses and
buildings, and related incidental expenses, and
provision of special education, furnishing free textbooks and
instructional aids and school supplies, establishing, equipping, maintaining,
and operating supervised playgrounds under the control of the board, school
extracurricular activities, and stadia, social center, and summer swimming pool
programs open to the public in connection with any public school; making an
employer contribution to the Public School Teachers' Pension and Retirement
Fund as required by Section 17-129 of the Illinois Pension Code; and providing
an agricultural science school, including site development and improvements,
maintenance repairs, and supplies. Educational purposes also includes student
transportation expenses.
All collections of all taxes levied for fiscal years ending before 1996 under
this
Section or under Sections 34-53.2, 34-53.3, 34-58, 34-60, or 34-62 of this
Article as in effect prior to this amendatory Act of 1995 may be used for any
educational purposes as defined by this amendatory Act of 1995 and need not be
used for the particular purposes for which they were levied.
The levy and extension of taxes pursuant to this Section as amended by this
amendatory Act of 1995 shall not constitute a new or increased tax rate within
the meaning of the Property Tax Extension Limitation Law or the One-year
Property Tax Extension Limitation Law.
The rate at which taxes may be levied for the fiscal year beginning
September
1, 1996, for educational purposes shall be the full rate authorized by this
Section for such taxes for fiscal years ending after 1995.
(Source: P.A. 99-521, eff. 6-1-17; 100-465, eff. 8-31-17.)
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(105 ILCS 5/34-53.1) (from Ch. 122, par. 34-53.1)
Sec. 34-53.1.
Supplemental tax levy.
When a supplemental budget
has been adopted by the board of education under Section 34-44.1 the
board of education may levy supplemental taxes which shall not exceed the
amount of the increase in revenues projected in the supplemental budget
nor exceed the maximum rates of taxes which the board is authorized
by law to levy for the fiscal year to which the increase applies for the
respective purposes. With respect to any supplemental levy based on an
increase in the value of taxable property in the school district, such
supplemental levy shall be adopted within 60 days of the date of the final
certification of the equalization rate by the Department of Revenue to the
county clerk as provided in the Property Tax Code, irrespective of whether the adoption occurs within or after the
close of the fiscal year to which the increase applies. The board is
authorized to levy supplemental taxes pursuant to this Section.
(Source: P.A. 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-53.2) (from Ch. 122, par. 34-53.2)
Sec. 34-53.2.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-53.3) (from Ch. 122, par. 34-53.3)
Sec. 34-53.3.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-53.5)
Sec. 34-53.5.
Capital improvement tax levy; purpose; maximum amount.
(a) For the purpose of providing a reliable source of revenue for capital
improvement purposes, including without limitation (i) the construction and
equipping of a new school building or buildings or an addition or additions to
an existing school building or buildings, (ii) the purchase of school grounds
on which any new school building or an addition to an existing school building
is to be constructed or located, (iii) both items (i) and (ii) of this
subsection (a), or (iv) the rehabilitation, renovation, and equipping of an
existing school building or buildings, the board may levy, upon all taxable
property of the school district, in calendar year 2003, a capital improvement
tax to produce, when extended, an amount not to exceed the product attained by
multiplying (1) the percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the United States Department
of Labor for the 12 months ending 2 months prior to the month in which the levy
is adopted by (2) $142,500,000. For example, if the percentage increase in the
Consumer Price Index is 2.5%, then the computation would be $142,500,000 x
0.025 = $3,562,500.
(b) In each calendar year from 2004 through 2030, the board may levy a
capital improvement tax to produce, when extended, an amount not to exceed the
sum of (1) the maximum amount that could have been levied by the board in the
preceding calendar year pursuant to this Section and (2) the product obtained
by multiplying (A) the sum of (i) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section and
(ii) $142,500,000 by (B) the percentage increase, if any, in the Consumer Price
Index for All Urban Consumers for all items published by the United States
Department of Labor for the 12 months ending 2 months prior to the month in
which the levy is adopted.
(c) In calendar year 2031, the board may levy a capital improvement tax to
produce, when extended, an amount not to exceed the sum of (1) the maximum
amount that could have been levied by the board in calendar year 2030 pursuant
to this Section, (2) $142,500,000, and (3) the product obtained by multiplying
(A) the sum of (i) the maximum amount that could have been levied by the board
in calendar year 2030 pursuant to this Section and (ii) $142,500,000 by (B) the
percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(d) In calendar year 2032 and each calendar year thereafter, the board may
levy a capital improvement tax to produce, when extended, an amount not to
exceed the sum of (1) the maximum amount that could have been levied by the
board in the preceding calendar year pursuant to this Section and (2) the
product obtained by multiplying (A) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section by
(B) the percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(e) An initial tax levy made by the board under this Section
must have the
approval of
the Chicago City Council, by resolution, before the levy may be extended.
The board shall communicate its adoption of the initial tax levy by
delivering a certified copy of the levy resolution to the Clerk of the City of
Chicago. The Chicago City Council shall have 60 days after receipt, by
the Clerk of the City of Chicago, of the certified resolution to approve or
disapprove the levy. The failure of the Chicago City Council to take
action to approve or disapprove the initial tax levy within the 60-day
period shall be deemed disapproval of the initial tax levy.
Upon the adoption of each subsequent levy by the board under this Section, the
board must notify the Chicago City Council that the board has adopted the
levy.
(f) The board may issue bonds, in accordance with the Local Government Debt
Reform Act, including Section 15 of that Act, against any revenues to be
collected from the capital improvement tax in any year or years and may pledge,
pursuant to Section 13 of the Local Government Debt Reform Act, those revenues
as security for the payment of any such bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/34-53A)
Sec. 34-53A.
(Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 89-698, eff. 1-14-97.)
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(105 ILCS 5/34-54)
Sec. 34-54. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-54.1) (from Ch. 122, par. 34-54.1)
Sec. 34-54.1.
Tax levies and extensions.
The annual tax rates and the
several tax
levies authorized to be made shall be: (i) for each fiscal year through and
including the 1995-96 fiscal year, for a fiscal year commencing
September
1 and ending August 31; (ii) for the 1996-97 fiscal year, for a fiscal year
commencing September 1 and ending June 30; and (iii) for each subsequent fiscal
year, for a fiscal year commencing July 1 and ending June 30.
Notwithstanding any provision in this Article 34 to the contrary, by the last
Tuesday in December of each calendar year, the board of education may levy
upon
all the taxable property of the district or city, the annual taxes
required to provide the necessary revenue to defray expenditures,
charges and liabilities incurred by the board for the fiscal year beginning
in that calendar year. The levy may be
based upon the estimated
equalized assessed valuation provided the county clerk shall extend for
collection only so much thereof as is permitted by law. The total amount of the
levy shall be certified to the county clerk who shall extend for
collection only so much thereof as is required to provide the necessary
revenue to defray expenditures, charges and liabilities incurred by the
board as certified by the controller of the board to the county clerk
upon the value, as equalized or assessed by the Department of Revenue
for the calendar year in which the levy was made.
The county clerk shall thereafter in the succeeding calendar year extend
such remaining amount of the levy as is certified by the controller of
the board to the county clerk upon the value, as equalized or assessed
by the Department of Revenue for such calendar year.
In each year the county clerk shall extend taxes at a rate sufficient to
produce the full amount of the 2 partial levies attributable to that tax
year. Provided, however, and notwithstanding the provisions of any other
law to the contrary:
(a) the extension of taxes levied for fiscal years ending before 1996 for
building purposes and school
supervised playground outside school hours and stadia, social center and
summer swimming pool purposes which the county clerk shall make against the
value of all taxable property of the district or city, as equalized or
assessed by the Department of Revenue, shall be at the respective maximum
rates at
which the board was authorized to levy taxes for such purposes for the fiscal year which ends in
1995; and (b) notwithstanding any other provision of
this
Code, in each calendar year the taxes for
educational purposes shall be extended at
a rate
certified by the controller as referred to in this Section, which rate
shall not be in excess of the maximum rate for the
levy of
taxes for educational purposes, occurring in the fiscal year which begins in
the calendar year of the extension, (whether or not actually levied at that
rate)
except for calendar year 1995 in which the rate shall not be in excess of the
maximum rate which would be provided for the levy of taxes for educational
purposes for the fiscal year which begins in 1995 without regard to this
amendatory Act of 1995. In
calendar year 1995,
the county clerk shall extend any special education purposes tax which was
levied as provided in Section 34-53.2 in full in the calendar year
following
the year in which the levy of such a tax was made.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)
Sec. 34-54.2. Taxes levied in 1989 and 1990.
(a) All real property taxes levied by the board in 1989 and 1990 are
confirmed and validated, and are declared to be and are valid, in all
respects as if they had been timely and properly levied by the city council
upon the demand and direction of the Board. It shall not be a valid ground
for any person in any way to object to, protest, bring any proceeding with
regard to or defend against the collection of any such taxes, that the
taxes were levied by the board.
(b) The board may levy taxes against all taxable property located within
the city in an amount equal to all taxes purported to be levied by the
board in 1989 and in 1990, for each purpose for which taxes were purported
so to be levied, to the extent those taxes shall not yet have been extended
for collection at the time of the levy authorized by this paragraph (b).
The taxes authorized to be levied by this paragraph (b) shall be levied by
a resolution of the board selected pursuant to Public Act 86-1477.
The resolution shall be adopted upon concurrence of a majority of the
members of the board. The taxes levied pursuant to this paragraph (b) shall
be extended for collection in 1991 and subsequent years and in amounts so
that they do not exceed the maximum rates at which taxes may be extended
for the various school purposes, all as shall be set forth in a certificate
of the controller of the board as provided in Section 34-54.1 of this
Code. Taxes levied pursuant to this paragraph (b) shall be in
addition to all other taxes which have been or may be levied by or for the
board, except that the extension of taxes levied pursuant to this paragraph
(b), to the extent valid and legal in all respects, shall be an abatement
of the same amount of taxes previously purported to be levied by the board
which were to have been extended in the same year for the same purpose, it
being the intention of the General Assembly that there not be extended
duplicate taxes for the same year and purpose. It shall not be necessary
that the board give any notice or conduct any hearings for any purpose
whatsoever or to have adopted any proceedings with respect to any budget,
in connection with the levy and extension of taxes pursuant to this
paragraph (b). The board shall cause a certified copy of its resolution
levying taxes pursuant to this paragraph (b) to be filed with the county
clerk of each county in which any taxable property in the city is located
within 30 days after the adoption of the resolution.
(Source: P.A. 100-201, eff. 8-18-17.)
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(105 ILCS 5/34-55) (from Ch. 122, par. 34-55)
Sec. 34-55.
Expenditures in excess of receipts.
The board shall not add
to the expenditures for school purposes anything above the amount received
from the State common school fund, the rental of school lands or property,
funds otherwise received, and the amount of school taxes levied and to be
levied for educational and for building purposes. If the board does so add
to such expenditures the city shall not be liable therefor. The board is
authorized to levy all taxes as provided for in this Article.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-56) (from Ch. 122, par. 34-56)
Sec. 34-56. Amount to cover loss and cost of collecting tax not added.
In ascertaining the rate per cent that will produce the amount of any
tax levied pursuant to the authority granted by Section 34-53,
the county clerk shall not add any amount to cover the loss and cost of
collecting the tax.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-57) (from Ch. 122, par. 34-57)
Sec. 34-57.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-58) (from Ch. 122, par. 34-58)
Sec. 34-58.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-59) (from Ch. 122, par. 34-59)
Sec. 34-59.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-60) (from Ch. 122, par. 34-60)
Sec. 34-60.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-61) (from Ch. 122, par. 34-61)
Sec. 34-61.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-62) (from Ch. 122, par. 34-62)
Sec. 34-62.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-63) (from Ch. 122, par. 34-63)
Sec. 34-63.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-64) (from Ch. 122, par. 34-64)
Sec. 34-64.
Numbering warrants-Contents-Interest.
Warrants issued under Sections 34-24, 34-59, and 34-63 shall be
numbered consecutively in the order of their issuance and shall show upon
their face that they are payable solely from the respective taxes when
collected and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued and such taxes against which the warrants are drawn shall be set
apart for their payment. The warrants shall bear interest, payable out of
the taxes against which they are drawn, at a rate of not to exceed 7% per
annum if issued before July 1, 1971 and if issued thereafter at the rate of
not to exceed 6% per annum, from the date of their issuance until paid or
until notice is given by publication in a newspaper or otherwise that the
money for their payment is available and that they will be paid on
presentation.
(Source: P.A. 76-1966.)
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(105 ILCS 5/34-65) (from Ch. 122, par. 34-65)
Sec. 34-65.
Refunding bonds authorized - Interest.
Whenever any school district described in this Article has outstanding
bonds which are binding and subsisting legal obligations, and the proceeds
of taxes levied for the payment of the principal of and interest on such
bonds have not been collected and are not available for such payments when
due, the board may issue refunding bonds for an amount sufficient to pay and
discharge any of the outstanding bonds with accrued interest. The refunding
bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued
before January 1, 1972 and not more than
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972 and shall mature within 20 years from the date thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86-4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4; 86-930; 86-1028.)
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(105 ILCS 5/34-66) (from Ch. 122, par. 34-66)
Sec. 34-66.
Resolution for refunding bonds - Name in which issued -
Signatures.
Whenever the board desires to issue refunding bonds under Section 34-65,
it shall adopt a resolution designating the purpose and fixing the
amount of the bonds proposed to be issued, the maturity thereof, the rate
of interest thereon, and the amount of taxes to be levied annually for the
purpose of paying the interest on and the principal of the bonds.
Refunding bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and the secretary of the
board.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-67) (from Ch. 122, par. 34-67)
Sec. 34-67.
Sale
or exchange of bonds - Use of proceeds.
Refunding bonds issued under Section 34-65 may be exchanged on the
basis of par for par for the bonds being refunded and described in the
authorizing resolution, or may be sold at not less than par under the direction
of the board, and the proceeds thereof
shall be received by the city treasurer, as school treasurer, and shall be
kept in a separate fund to be used solely for the purpose of paying the
principal and interest on the bonds so refunded. All bonds refunded shall
be cancelled.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-68) (from Ch. 122, par. 34-68)
Sec. 34-68.
Issuance without submission to voters.
The
board may provide that the resolutions authorizing issuance
of refunding bonds issued under Section 34-65 shall be effective
without the submission thereof to the voters of the school
district or city for approval.
The validity of each refunding bond so executed shall remain
unimpaired, although one or more of the signing officers have
ceased to be such officer or officers before the delivery of
the bond to the purchaser.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-69) (from Ch. 122, par. 34-69)
Sec. 34-69.
Tax for payment of refunding bonds.
Before or at the time of issuing refunding bonds authorized by Section
34-65 the board shall provide for the collection of a direct annual tax
upon all the taxable property of the school district, sufficient to pay and
discharge the principal thereof at maturity and to pay the interest thereon
as it falls due. Upon the filing in the office of the county clerk of the
county wherein such school district is located of a duly certified copy of
any such ordinance it shall be the duty of such county clerk to extend the
tax therein provided for.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-70) (from Ch. 122, par. 34-70)
Sec. 34-70.
Tax
for payment of refunded bonds-Reduction of levy.
If the proceeds of the refunding bonds authorized by Section 34-65 have
been used for the payment of any outstanding bonds of the board, or the
refunding bonds have been exchanged for outstanding bonds, and thereafter
any portion of the respective taxes levied for the purpose of paying the
principal of and interest on the outstanding bonds so paid or exchanged is
collected, the money so received shall be placed in the bond and interest
sinking fund of the board and used for the purpose of paying the principal
of and interest on the refunding bonds issued under Section 34-65 and the
taxes thereafter to be extended to pay the refunding bonds shall be reduced
by that amount by the county clerk upon receipt of a certified copy of a
resolution which must be adopted by the board directing such reduction. A
certified copy of the resolution shall be filed with the county clerk of
the county, and it shall thereupon be the duty of such official to reduce
and extend the tax levy in accordance with the terms of the resolution.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-71) (from Ch. 122, par. 34-71)
Sec. 34-71.
Authority cumulative.
The authority granted in Sections 34-65 through 34-70, is cumulative
authority for the issuance of bonds and shall not be held to repeal any
laws with respect thereto.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-72)
Sec. 34-72. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-73) (from Ch. 122, par. 34-73)
Sec. 34-73. Certain taxes additional to maximum otherwise authorized -
not reducible. Each of the taxes authorized to be levied by Sections 34-33,
34-39, 34-53.2, 34-53.3, 34-54.1, 34-57, 34-58, 34-60, 34-62, and 34-69 of this Code, and by Section 17-128 of the "Illinois Pension Code"
shall be in addition to and exclusive of the maximum of all other taxes
which the school district is authorized by law to levy upon the aggregate
valuation of all taxable property within the school district or city and
the county clerk in reducing taxes under the provisions of the Property Tax
Code shall not consider any of such
taxes therein authorized as a part of the tax levy of the school district or
city required to be included in the aggregate of all taxes to be reduced and no
reduction of any tax levy made under the Property Tax Code shall diminish any amount appropriated or levied for
any such tax.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-74) (from Ch. 122, par. 34-74)
Sec. 34-74. Custody of school moneys. Except as provided in Article 34A and Section 34-29.2 of this
Code, all moneys raised by taxation for school purposes, or
received from
the state common school fund, or from any other source for school
purposes, shall be held by the city treasurer, ex-officio, as school
treasurer, in separate funds for school purposes, subject to the order
of the board upon
(i) its warrants signed by its president and secretary and
countersigned by the mayor and city comptroller
or (ii) its checks, as
defined in Section 3-104 of the Uniform Commercial Code, signed by its
president, secretary, and comptroller and countersigned by the mayor and city
comptroller.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-75) (from Ch. 122, par. 34-75)
Sec. 34-75.
Duties of city treasurer as to school moneys.
The city treasurer shall, as school treasurer, secure and safely keep
all school moneys and shall maintain a separate bank account for capital
project funds and process only transactions related to capital projects
through those accounts, subject to the control and direction of the
board, provided that the amount of interest or other investment earnings
in such accounts may be from time to time withdrawn by the board and any
amounts so withdrawn by the board may be used for any lawful purpose. He
shall, subject to the limitations in this Article, keep his books and
accounts concerning such moneys in the manner prescribed by the board. His
books and accounts shall always be subject to the inspection of the board,
or any member thereof. He shall at the end of each month, and oftener if
required, render under oath an account to the board showing the state of
the school treasury at the date of the account and the balance of money in
the treasury. He shall accompany such accounts with a statement of all
moneys received into the school treasury, and on what account, together
with all warrants redeemed and paid by him; which warrants and all vouchers
held by him shall be delivered to the business manager of the board and
filed with his account in the business manager's office upon every day of
such settlement. He shall return all warrants paid by him stamped or marked
"Paid". He shall keep a register of all warrants redeemed and paid, which
shall describe such warrants and show the date, amount, number, the fund
from which paid, the name of the person to whom and when paid.
(Source: P.A. 82-156.)
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(105 ILCS 5/34-76) (from Ch. 122, par. 34-76)
Sec. 34-76.
Unpaid warrants for wages.
When a warrant issued for the wages of a teacher or other employee is
presented to the school treasurer and is not paid for want of funds, the
school treasurer shall endorse it over his signature, "not paid for want of
funds," with the date of presentation, and shall make and keep a record of
such endorsement. The warrant shall thereafter bear interest at the rate of
7% per annum if issued before January 1, 1972 or at the rate of 6% per
annum if issued after January 1, 1972, until the school treasurer notifies
the president of the board in writing that he has funds to pay it. The
school treasurer shall make and keep a record of such notices and hold the
funds necessary to pay the warrant until it is presented. The warrant shall
draw no interest after notice is given to the president of the board.
(Source: P.A. 76-2012.)
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(105 ILCS 5/34-77) (from Ch. 122, par. 34-77)
Sec. 34-77.
Depositories.
The school treasurer may be required to keep all moneys in his hands
belonging to the board in such places of deposit as may be ordered by the
city council but he shall not be required to deposit such moneys elsewhere
than in a savings and loan association or a regularly organized bank.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(105 ILCS 5/34-78) (from Ch. 122, par. 34-78)
Sec. 34-78.
Money kept separate-Unlawful use.
The school treasurer shall keep all moneys in his hands belonging to the
board separate from his own moneys, and shall not use, either directly or
indirectly, the school moneys or warrants in his custody and keeping for
his own use and benefit or that of any other person. If the school
treasurer violates this section, the city council may immediately remove
him from office and declare his office vacant.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-79) (from Ch. 122, par. 34-79)
Sec. 34-79.
Annual account of treasurer.
The school treasurer shall annually, between the first and tenth of
March 1973, between the first and tenth of March 1974, between the first
and tenth of November 1974 and between the first and tenth of November of
each year thereafter, file with the controller of the board a detailed
account of all receipts and expenditures and of all his transactions during
the preceding fiscal year. The account shall show the state of the school
treasury at the close of the fiscal year. The account shall immediately be
published in the proceedings of the board.
(Source: P.A. 77-2734.)
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(105 ILCS 5/34-80) (from Ch. 122, par. 34-80)
Sec. 34-80.
Liability on treasurer's bond.
The school treasurer shall be liable on his official bond as city
treasurer for the proper performance of his duties and the conservation of
all moneys held by him under this article. It is hereby made the duty of
the city council in fixing the amount, the penalty and conditions of said
official bond to do so in such manner as will save the board from any loss.
This Section does not prevent the city council from designating a bank
or savings and loan association as a depository of school moneys in the
manner prescribed in the "Revised
Cities and Villages Act", as amended and Section 34-77.
(Source: P.A. 83-541.)
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(105 ILCS 5/34-81) (from Ch. 122, par. 34-81)
Sec. 34-81.
Interest on fund.
Neither the treasurer nor any other officer having the custody of public
school funds is entitled to retain any interest accruing thereon, but such
interest shall accrue and inure to the benefit of such funds respectively,
become a part thereof and be paid into the city treasury, subject to the
purposes of this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-82) (from Ch. 122, par. 34-82)
Sec. 34-82.
Designation of person to sign for president.
The president of the board, with the approval of the board, may
designate one or more persons who shall have authority, when directed to
do so by the president, to affix the signature of the president to any
bond, warrant, certificate, contract or any other written instrument,
which by law is required to be signed by the president of the board.
When the signature of the president of the board is so affixed to a
written instrument, it shall be as binding upon the board as if signed
by the president thereof. Whenever the president of the board desires to
designate a person to affix the signature of the president to any bond,
warrant, certificate, contract or any other written instrument, he shall
send a written notice to the board containing the name of the person he
has selected and a designation of the instrument or instruments such
person shall have authority to sign. Attached to the notice shall be the
written signature of the president of the board, executed by the person
so designated, with the signature of the person so designated
underneath. The notice shall be filed with the secretary and presented
at the next meeting of the board for its approval and shall be printed
in its proceedings.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 34-83 heading)
TEACHERS--EMPLOYMENT AND RETIREMENT
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(105 ILCS 5/34-83)
Sec. 34-83. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/34-83.1) (from Ch. 122, par. 34-83.1)
Sec. 34-83.1.
Residence Requirements.
Residency within any school district
governed by this Article, if not required at the time of employment as a
qualification of employment, shall not be considered in determining the
compensation of a teacher or whether to retain, promote, assign or transfer
that teacher.
(Source: P.A. 82-381.)
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(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
(Text of Section from P.A. 103-85)
Sec. 34-84. Appointments and promotions of teachers. Appointments and
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full-time teachers in the
public school system of the district before January 1, 1998 and 4 years with
respect to probationary employees who are first employed as full-time teachers
in the public school system of the district on or after January 1, 1998,
during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools and after which period
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34-85.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service. For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 4 school terms of full-time service, provided that the teacher receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term. As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals. There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
Teachers who are due to be evaluated in the last year before they are set to retire shall be offered the opportunity to waive their evaluation and to retain their most recent rating, unless the teacher was last rated as "needs improvement" or "unsatisfactory". The school district may still reserve the right to evaluate a teacher provided the district gives notice to the teacher at least 14 days before the evaluation and a reason for evaluating the teacher. The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 103-85, eff. 6-9-23.)
(Text of Section from P.A. 103-500)
Sec. 34-84. Appointments and promotions of teachers. Appointments and
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full-time teachers in the
public school system of the district before January 1, 1998 or on or after July 1, 2023 and 4 years with
respect to probationary employees who are first employed as full-time teachers
in the public school system of the district on or after January 1, 1998 but before July 1, 2023,
during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools and after which period
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34-85.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service. For a probationary-appointed teacher in full-time service who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 3 school terms of full-time service, provided that the teacher holds a Professional Educator License and receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term. As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals. There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 103-500, eff. 8-4-23.)
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(105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a)
Sec. 34-84a.
Maintenance of discipline.
Subject to the
limitations of all policies established or adopted under Section
14-8.05, teachers, other certificated educational employees, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or leased by the
board and used for school purposes and activities.
In all matters
relating to the discipline in and conduct of the schools and the school
children, they stand in the relation of parents and guardians to the
pupils. This relationship shall extend to all activities connected
with the school program, including all athletic and extracurricular
programs, and may be exercised at any time for the
safety and supervision of the pupils in the absence of their parents
or guardians.
Nothing in this Section affects the power of the board
to establish rules with respect to discipline, except that the rules of
the board must provide, subject to the limitations of all policies
established or adopted under Section 14-8.05,
that a teacher, other certificated employee, and any other person, whether or
not a certificated employee, providing a related service for or with respect to
a student may
use reasonable force as needed to maintain safety for the other students,
shall provide that a teacher may remove a student from the classroom
for disruptive behavior, and
must include provisions which provide due process to students.
(Source: P.A. 89-184, eff. 7-19-95.)
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(105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
Sec. 34-84a.1. Principals shall report incidents of intimidation. The
principal of each attendance center shall promptly notify and report to the
local law enforcement authorities for inclusion in the Department of State
Police's Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged incident of
intimidation which is reported to him or her, either orally or in writing,
by any pupil or by any teacher or other certificated or non-certificated
personnel employed at the attendance center. "Intimidation" shall have the
meaning ascribed to it by Section 12-6 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
Sec. 34-84b. Conviction of sex or narcotics offense, first degree murder,
attempted first degree murder, or Class X felony as grounds for
revocation
of certificate. (a) Whenever the holder of any certificate issued by the board
of education has been convicted of any sex offense or narcotics offense
as defined in this Section, the board of education shall forthwith suspend
the certificate. If the conviction is reversed and the holder is acquitted
of the offense in a new trial or the charges against him are dismissed,
the board shall forthwith terminate the suspension of the certificate.
When the conviction becomes final, the board shall forthwith revoke the
certificate. "Sex offense" as used in this Section means any one or more
of the following offenses: (1) any offense defined in Sections 11-6,
11-9, and 11-30, Sections
11-14 through 11-21, inclusive, and Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) any attempt to commit any of the foregoing
offenses, and (3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been punishable
as one or more of the foregoing offenses. "Narcotics offense" as used in
this Section means any one or more of the following offenses: (1) any offense
defined in the Cannabis Control Act except those defined in Sections 4(a),
4(b) and 5(a) of that Act and any offense for which the holder of any
certificate
is placed on probation under the provisions of Section 10 of that Act and
fulfills the terms and conditions of probation as may be required by the
court; (2) any offense defined in the Illinois
Controlled Substances Act except any offense for which the holder of any
certificate is placed on probation under the provisions of Section 410 of
that Act and fulfills the terms and conditions of probation as may be required
by the court; (3) any offense defined in the Methamphetamine Control and Community Protection Act except any offense for which the holder of any certificate is placed on probation under the provision of Section 70 of that Act and fulfills the terms and conditions of probation as may be required by the court; (4) any attempt to commit any of the foregoing
offenses; and (5) any offense committed or attempted in any other state
or against the laws of the United States which, if committed or attempted
in this State, would have been punishable as one or more of the foregoing
offenses.
(b) Whenever the holder of any certificate issued by the board of
education or pursuant to Article 21 or any other provisions of the School Code
has been convicted of first degree
murder, attempted first degree murder, or a
Class X felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the conviction is
reversed and the holder is acquitted of that offense in a new trial or the
charges that he or she committed that offense are dismissed, the suspending
authority shall forthwith terminate the suspension of the certificate. When
the conviction becomes final, the State Superintendent of Education shall
forthwith revoke the certificate. The stated offenses of "first degree
murder", "attempted first degree murder", and "Class X felony" referred to in
this Section include any offense committed in another state that, if committed
in this State, would have been punishable as any one of the stated offenses.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(105 ILCS 5/34-84.1) (from Ch. 122, par. 34-84.1)
Sec. 34-84.1.
Teachers employed in Department of Defense overseas dependents' schools.
By mutual agreement of a teacher and the board of education, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his permanent status under this Act, and (b) to continue
receipt, on the same basis as if he were teaching in the school system
subject to the board of education, of service credit earned for
requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
A person employed to replace a teacher making the election provided for
in this Section does not acquire permanent status as a teacher under this
Article.
(Source: Laws 1967, p. 1999.)
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(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing; suspension. (a) No
teacher employed by the board of education shall (after serving the
probationary period specified in Section 34-84) be removed
except for cause. Teachers (who have completed the probationary period specified in Section 34-84 of this Code) shall be removed for cause in accordance with the procedures set forth in this Section or, at the board's option, the procedures set forth in Section 24-16.5 of this Code or such other procedures established in an agreement entered into between the board and the exclusive representative of the district's teachers under Section 34-85c of this Code for teachers (who have completed the probationary period specified in Section 34-84 of this Code) assigned to schools identified in that agreement. No principal employed by the board of education shall be
removed during the term of his or her performance contract except for
cause, which may include but is not limited to the principal's repeated
failure to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the performance
contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes that may be deemed to be remediable, the teacher or principal must be given reasonable warning in writing, stating specifically the causes that, if not removed, may result in charges; however, no such written warning is required if the causes have been the subject of a remediation plan pursuant to Article 24A of this Code or if the board and the exclusive representative of the district's teachers have entered into an agreement pursuant to Section 34-85c of this Code, pursuant to an alternative system of remediation. No written warning shall be required for conduct on the part of a teacher or principal that is cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student, as that conduct is deemed to be irremediable. No written warning shall be required for a material breach of the uniform principal performance contract, as that conduct is deemed to be irremediable; provided that not less than 30 days before the vote of the local school council to seek the dismissal of a principal for a material breach of a uniform principal performance contract, the local school council shall specify the nature of the alleged breach in writing and provide a copy of it to the principal. (1) To initiate dismissal proceedings against a | ||
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(2) No hearing upon the charges is required unless | ||
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(3) The board shall maintain a list of at least 9 | ||
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Within 5 business days after receiving the notice of | ||
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(4) If the notice of dismissal was sent to the | ||
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(5) The teacher or the principal charged is required | ||
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The hearing officer shall commence the hearing within | ||
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(5.5) In the case of charges involving any witness | ||
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(6) The hearing officer shall within 30 calendar days | ||
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(6.5) If any hearing officer fails without good | ||
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(7) The board, within 45 days of receipt of the | ||
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(8) The teacher may seek judicial review of the | ||
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(9) Any hearing convened during a public health | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(b) Nothing in this Section affects the validity of removal for cause hearings
commenced prior to June 13, 2011 (the effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to dismissals instituted on or after September 1, 2011 or the effective date of Public Act 97-8, whichever is later. Any dismissal instituted prior to the effective date of these changes must be carried out in accordance with the requirements of this Section prior to amendment by Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24.)
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(105 ILCS 5/34-85b)
Sec. 34-85b. (Repealed).
(Source: P.A. 95-510, eff. 8-28-07. Repealed by P.A. 97-8, eff. 6-13-11.)
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(105 ILCS 5/34-85c) Sec. 34-85c. Alternative procedures for teacher evaluation, remediation, and removal for cause after remediation. (a) Notwithstanding any law to the contrary, the board and the exclusive representative of the district's teachers are hereby authorized to enter into an agreement to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations; provided, however, that no later than September 1, 2012: (i) any alternative procedures must include provisions whereby student performance data is a significant factor in teacher evaluation and (ii) teachers are rated as "excellent", "proficient", "needs improvement" or "unsatisfactory". Pursuant exclusively to that agreement, teachers assigned to schools identified in that agreement shall be subject to an alternative performance evaluation plan and remediation procedures in lieu of the plan and procedures set forth in Article 24A of this Code and alternative removal for cause standards and procedures in lieu of the removal standards and procedures set forth in Section 34-85 of this Code. To the extent that the agreement provides a teacher with an opportunity for a hearing on removal for cause before an independent hearing officer in accordance with Section 34-85 or otherwise, the hearing officer shall be governed by the alternative performance evaluation plan, remediation procedures, and removal standards and procedures set forth in the agreement in making findings of fact and a recommendation. (a-5) If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act that suspends in-person instruction, the timelines connected to the commencement and completion of any remediation plan are paused. Except where the parties mutually agree otherwise and such agreement is in writing, any remediation plan that had been in place for 45 or more days prior to the suspension of in-person instruction shall resume when in-person instruction resumes; any remediation plan that had been in place for fewer than 45 days prior to the suspension of in-person instruction shall discontinue and a new remediation period will begin when in-person instruction resumes. (a-10) No later than September 1, 2022, the school district must establish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is evaluated at least once in the course of the 3 school years after receipt of the rating and establish an informal teacher observation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is informally observed at least once in the course of the 2 school years after receipt of the rating. (a-15) For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the school district may waive the evaluation requirement of any teacher in contractual continued service whose performance was rated as either "excellent" or "proficient" during the last school year in which the teacher was evaluated under this Section. (b) The board and the exclusive representative of the district's teachers shall submit a certified copy of an agreement as provided under subsection (a) of this Section to the State Board of Education.(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22; 102-729, eff. 5-6-22.) |
(105 ILCS 5/34-85d) Sec. 34-85d. Teacher evaluation; copies. Notwithstanding any other provision of law to the contrary, the school district shall provide all copies of teacher evaluations to the exclusive bargaining representative of the school district's teachers within 7 days after issuing the evaluations.
(Source: P.A. 100-682, eff. 1-1-19.) |
(105 ILCS 5/34-85e) Sec. 34-85e. COVID-19 sick leave. For purposes of this Section, "employee" means a person employed by the school district on or after the effective date of this amendatory Act of the 102nd General Assembly. Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, if: (1) the sick leave was taken because the teacher or | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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(2) the sick leave was taken to care for a child of | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 34-18.78 of this Code no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly. No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, at the time the sick leave was returned to the teacher or employee.
(Source: P.A. 102-697, eff. 4-5-22.) |
(105 ILCS 5/34-87)
Sec. 34-87. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-88) (from Ch. 122, par. 34-88)
Sec. 34-88. District and school report cards. The board shall, in accordance with Section 10-17a of the School Code, annually present and disseminate the school district and school report cards prepared by the State Superintendent of Education.
(Source: P.A. 97-671, eff. 1-24-12.)
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(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
Sec. 34-128.
The Board shall provide free bus transportation for
every child who is a child with a mental disability who is trainable,
as defined in Article 14,
who resides at a distance of one mile or more from any school to which
he is assigned for attendance and who the State Board of Education determines
in advance requires special transportation
service in order to take advantage of special educational facilities.
The board may levy, without regard to any other legally authorized
tax and in addition to such taxes, an annual tax upon all the taxable
property in the school district at a rate not to exceed .005% of the
value, as equalized or assessed by the Department of Revenue,
that will produce an amount not to exceed the annual cost of
transportation provided in accordance with this Section. The board
shall deduct from the cost of such transportation any amount reimbursed
by the State under Article 14. Such levy is authorized in the year
following the school year in which the transportation costs were
incurred by the district.
(Source: P.A. 99-143, eff. 7-27-15.)
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(105 ILCS 5/prec. Sec. 34-200 heading)
SCHOOL ACTION AND FACILITY MASTER PLANNING(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) |
(105 ILCS 5/34-200) Sec. 34-200. Definitions. For the purposes of Sections 34-200 through 34-235 of this Article: "Capital improvement plan" means a plan that identifies capital projects to be started or finished within the designated period, excluding projects funded by locally raised capital not exceeding $10,000. "Community area" means a geographic area of the City of Chicago defined by the chief executive officer as part of the development of the educational facilities master plan. "Space utilization" means the percentage achieved by dividing the school's actual enrollment by its design capacity. "School closing" or "school closure" means the closing of a school, the effect of which is the assignment and transfer of all students enrolled at that school to one or more designated receiving schools. "School consolidation" means the consolidation of 2 or more schools by closing one or more schools and reassigning the students to another school. "Phase-out" means the gradual cessation of enrollment in certain grades each school year until a school closes or is consolidated with another school. "School action" means any school closing; school consolidation; co-location; boundary change that requires reassignment of students, unless the reassignment is to a new school with an attendance area boundary and is made to relieve overcrowding; or phase-out.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/34-205) Sec. 34-205. Educational facility standards. (a) By January 1, 2012, the district shall publish space utilization standards on the district's website. The standards shall include the following: (1) the method by which design capacity is | ||
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(2) the method to determine efficient use of a school | ||
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(3) the rate of utilization; and (4) the standards for overcrowding and | ||
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(b) The chief executive officer or his or her designee shall publish a space utilization report for each school building operated by the district on the district's website by December 31 of each year. (c) The facility performance standards provisions are as follows: (1) On or before January 1, 2012, the chief executive | ||
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(2) The chief executive officer shall conduct at | ||
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(3) After the chief executive officer has | ||
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(4) The chief executive officer is authorized to | ||
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(5) The final educational facility space utilization | ||
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/34-210) Sec. 34-210. The Educational Facility Master Plan. (a) In accordance with the schedule set forth in this Article, the chief executive officer or his or her designee shall prepare a 10-year educational facility master plan every 5 years, with updates 2 1/2 years after the approval of the initial 10-year plan, with the first such educational facility master plan to be approved on or before October 1, 2013. (b) The educational facility master plan shall provide community area level plans and individual school master plans with options for addressing the facility and space needs for each facility operated by the district over a 10-year period. (c) The data, information, and analysis that shall inform the educational facility master plan shall be published on the district's Internet website and shall include the following: (1) a description of the district's guiding | ||
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(2) a brief description of the types of | ||
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(3) a description of the process, procedure, and | ||
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(3.5) A description of a communications and community | ||
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(A) community action councils; (B) local school councils or, if not present, | ||
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(C) the Chicago Teachers Union; and (D) all current principals. (4) the enrollment capacity of each school and its | ||
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(5) a report on the assessment of individual building | ||
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(6) a data table with historical and projected | ||
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(7) community analysis, including a study of current | ||
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(8) an analysis of the facility needs and | ||
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(9) identification of potential sources of funding | ||
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(10) any school building disposition, including a | ||
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(d) On or before May 1, 2013, the chief executive officer or his or her designee shall prepare and distribute for comment a preliminary draft of the Educational Facility Master Plan. The draft plan shall be distributed to the City of Chicago, the County of Cook, the Chicago Park District, the Chicago Housing Authority, the Chicago Transit Authority, attendance centers operated by the district, and charter schools operating within the district. Each attendance center shall make the draft plan available to the local school council at the annual organizational meeting or to an alternative advisory body and to the parents, guardians, and staff of the school. The draft plan also shall be distributed to each State Senator and State Representative with a district in the City of Chicago, to the Mayor of the City of Chicago, and to each alderperson of the City. (e) The chief executive or his or her designee shall publish a procedure for conducting regional public hearings and submitting public comments on the draft plan and an annual capital improvement hearing that shall discuss the district's annual capital budget and that is not in conjunction with operating budget hearings. (f) After consideration of public input on the draft plan, the chief executive officer or his or her designee shall prepare and publish a report describing the public input gathered and the process used to incorporate public input in the development of the final plan to be recommended to the Board. (g) The chief executive officer shall present the final plan and report to the Board for final consideration and approval. (h) The final approved Educational Facility Master Plan shall be published on the district's website. (i) No later than July 1, 2016, and every 5 years thereafter, the chief executive officer or his or her designee shall prepare and submit for public comment a draft revised Educational Facility Master Plan following the procedures required for development of the original plan. (j) This proposed revised plan shall reflect the progress achieved during the first 2 1/2 years of the Educational Facility Master Plan.
(k) On or before December 1, 2018, the Board shall adopt a policy to address under-enrolled schools. The policy must contain a list of potential interventions to address schools with declining enrollment, including, but not limited to, action by the district to:
(i) create a request for proposals for joint use of the school with an intergovernmental rental or other outside entity rental,
(ii) except for a charter school, cease any potential plans for school expansion that may negatively impact enrollment at the under-enrolled school,
(iii) redraft attendance boundaries to maximize enrollment of additional students, or
(iv) work with under-enrolled schools to identify opportunities to increase enrollment and lower the costs of occupancy through joint use agreements. (Source: P.A. 102-15, eff. 6-17-21.) |
(105 ILCS 5/34-215) Sec. 34-215. Capital improvement plans. (a) The district shall develop a capital needs review process and one-year and 5-year capital improvement plans. (b) By January 1, 2012, the chief executive officer or his or her designee shall establish a capital needs review process that includes a comprehensive bi-annual assessment of the capital needs at each facility owned, leased, or operated by the district. The review process shall include development of an assessment form to be used by attendance centers to provide a school-based capital, maintenance, utility, and repair needs assessment report and recommendations aligned with the educational program and goals of the attendance center. (c) Beginning with fiscal year 2013 and for each year thereafter, the chief executive officer shall publish a proposed one-year capital improvement plan at least 60 days prior to the end of the prior fiscal year. The proposed one-year capital improvement plan shall be posted on the district's Internet website and shall be subject to public review and comment and at least 3 public hearings. The one-year capital improvement plan shall include the following information for all capital projects for which funds are to be appropriated: (1) description of the scope of the project; (2) justification for the project; (3) status of the project, including, if appropriate, | ||
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(4) original approved cost and current approved cost | ||
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(5) the impact of the project on the district's | ||
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(6) the name of each school and facility affected by | ||
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(7) all funding sources for the project; (8) any relationship of the project to the needs | ||
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(9) any relationship to the district's 10-year | ||
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(10) a description of the scope of work to be done, | ||
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(11) a detailed summary of all modernization, new | ||
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(d) The chief executive officer shall present a final proposed one-year capital improvement plan to the Board for consideration. (e) The Board shall adopt a final one-year capital improvement plan no more than 45 days after adopting the annual budget. (f) Beginning with fiscal year 2013, the chief executive officer shall publish a proposed 5-year capital improvement plan with the proposed one-year capital improvement plan. The 5-year capital improvement plan shall include
proposed capital improvements for the next 4 years and, to the extent practicable, the same information for each proposed project that is required for the one-year capital improvement plan. (g) The 5-year capital improvement plan shall be assessed annually. An annual report shall be published explaining the differences between projected capital projects in the 5-year capital improvement plan and the capital projects authorized in the proposed one-year capital improvement plan for the following fiscal year. The 5-year plan shall be published on the district's Internet website and distributed to all principals.
(Source: P.A. 100-965, eff. 8-19-18.) |
(105 ILCS 5/34-220) Sec. 34-220. Financial transparency. (a) For fiscal year 2012, the chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website. (b) For fiscal year 2013 and thereafter, the chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website. The annual capital expenditure report shall include the following: (1) expenditures on all facilities in which students | ||
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(2) identification of capital projects that aligned | ||
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(3) the levels of appropriation actually provided to | ||
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(4) a summary comparison of annual capital expenses | ||
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(c) A list of all property owned by or leased to the Board shall be published on the district's Internet website by January 1, 2012, and shall be updated annually. For each property listed, the most recent facility standards review and any capital improvement projects that are pending or planned or have been completed in the 2-year period prior to publication shall be outlined. (d) All lease agreements in which the Board is a lessor or lessee shall be published on the district's Internet website for the duration of the lease. Temporary facility use, right of entry, and other temporary license agreements not exceeding one year in duration are not subject to this requirement. (e) The district shall publish on the district's Internet website a summary of the lease agreements in which the Board is a lessor or lessee, including the following: (1) a description of the leasehold; (2) the full legal name of the parties to the | ||
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(3) the term of the agreement; (4) the rent amount; and (5) the party responsible for maintenance, capital | ||
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) |
(105 ILCS 5/34-222) Sec. 34-222. School attendance boundaries. (a) At least once every 5 years, the Department of School Demographics and Planning ("DSP") shall evaluate the enrollment at existing schools in the school district to determine if there is a need to revise existing boundaries. (1) In reviewing the enrollment at existing schools | ||
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(A) capacities of the school being reviewed and | ||
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(B) current and projected racial and ethnic | ||
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(C) current and projected income level | ||
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(D) geographic barriers; (E) travel time and distance to the school; and (F) program considerations of the school being | ||
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(2) DSP shall submit a written report of its | ||
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(b) If it is determined that there is a need to revise any existing boundaries, DSP shall develop and recommend any proposed changes to the chief executive officer prior to the beginning of the school year in which the changes are to take effect. In addition, DSP shall develop and recommend proposed boundaries for new schools to the chief executive officer prior to the beginning of the school year in which the new school boundaries are to take effect. (1) In developing proposed changes to boundaries | ||
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(A) DSP shall consider the capacities of each | ||
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(B) DSP shall consider the current and | ||
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(C) DSP shall consider geographic barriers so | ||
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(D) DSP shall consider travel time and distance | ||
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(E) DSP shall consider the placement of | ||
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(2) For each proposed attendance boundary, DSP shall | ||
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(c) The chief executive officer shall review the report from DSP and may suggest additional alternatives. The chief executive officer shall report to the Board if he or she recommends any changes to existing boundaries or establishing boundaries for new schools. If the chief executive officer is recommending any changes to existing boundaries or establishing any boundaries for new schools, the chief executive officer shall provide the Board with a report of the alternatives considered, including data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. The chief executive officer shall inform the Board of the alternative that is being recommended. The report shall be made public on the district's website within 30 days after its completion. (d) Prior to taking action on the establishment or revision of any attendance boundaries, the Board shall conduct public hearings on the proposed establishment or revision of attendance boundaries and the chief executive officer's recommendation. Prior to the public hearing, the Board shall make available reports and data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. In making its decision, the Board shall consider the factors of capacity, current and projected racial and ethnic considerations,
geographic barriers, travel time and distance, and program considerations.
(Source: P.A. 102-777, eff. 1-1-23.) |
(105 ILCS 5/34-225) Sec. 34-225. School transition plans. (a) If the Board approves a school action, the chief executive officer or his or her designee shall work collaboratively with local school educators and families of students attending a school that is the subject of a school action to ensure successful integration of affected students into new learning environments. (b) The chief executive officer or his or her designee shall prepare and implement a school transition plan to support students attending a school that is the subject of a school action that accomplishes the goals of this Section. The chief executive must identify and commit specific resources for implementation of the school transition plan for a minimum of the full first academic year after the board approves a school action. (c) The school transition plan shall include the following: (1) services to support the academic, social, and | ||
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(2) options to enroll in higher performing schools; (3) informational briefings regarding the choice of | ||
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(4) the provision of appropriate transportation where | ||
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(5) the departments that are responsible for the | ||
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(6) specific programs to be offered; and (7) support to implement plans at receiving schools, | ||
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(d) When implementing a school action, the Board must make reasonable and demonstrated efforts to ensure that: (1) affected students receive a comparable level of | ||
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(2) class sizes of any receiving school do not exceed | ||
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(Source: P.A. 100-965, eff. 8-19-18.) |
(105 ILCS 5/34-230) Sec. 34-230. School action public meetings and hearings. (a) By October 1 of each year, the chief executive officer shall prepare and publish guidelines for school actions. The guidelines shall outline the academic and non-academic criteria for a school action. These guidelines shall be created with the involvement of local school councils, parents, educators, and community organizations. These guidelines, and each subsequent revision, shall be subject to a public comment period of at least 21 days before their approval. (b) The chief executive officer shall announce all proposed school actions to be taken at the close of the current academic year consistent with the guidelines by December 1 of each year. (c) On or before December 1 of each year, the chief executive officer shall publish notice of the proposed school actions. (1) Notice of the proposal for a school action shall | ||
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(2) The chief executive officer or his or her | ||
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(3) The chief executive officer shall provide written | ||
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(4) The chief executive officer shall publish notice | ||
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(5) The chief executive officer shall provide notice | ||
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(d) The chief executive officer shall publish a brief summary of the proposed school actions and the date, time, and place of the hearings or meetings in a newspaper of general circulation. (e) The chief executive officer shall designate at least 3 opportunities to elicit public comment at a hearing or meeting on a proposed school action and shall do the following: (1) Convene at least one public hearing at the | ||
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(2) Convene at least 2 additional public hearings or | ||
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(f) Public hearings shall be conducted by a qualified independent hearing officer chosen from a list of independent hearing officers. The general counsel shall compile and publish a list of independent hearing officers by November 1 of each school year. The independent hearing officer shall have the following qualifications: (1) he or she must be a licensed attorney eligible to | ||
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(2) he or she must not be an employee of the Board; | ||
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(3) he or she must not have represented the Board, | ||
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The independent hearing officer shall issue a written report that summarizes the hearing and determines whether the chief executive officer complied with the requirements of this Section and the guidelines. The chief executive officer shall publish the report on the district's Internet website within 5 calendar days after receiving the report and at least 15 days prior to any Board action being taken. (g) Public meetings shall be conducted by a representative of the chief executive officer. A summary of the public meeting shall be published on the district's Internet website within 5 calendar days after the meeting. (h) If the chief executive officer proposes a school action without following the mandates set forth in this Section, the proposed school action shall not be approved by the Board during the school year in which the school action was proposed.
(Source: P.A. 101-133, eff. 7-26-19; 102-15, eff. 6-17-21.) |
(105 ILCS 5/34-232) Sec. 34-232. Proposed school action announcement and notice; 2012-2013 school year. The following apply for school actions proposed during the 2012-2013 school year: (1) On or before March 31, 2013, the chief executive | ||
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(2) On or before March 31, 2013, the chief executive | ||
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(3) The chief executive officer shall provide notice | ||
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All other provisions of Section 34-230 of this Code that do not conflict with this Section must be followed when proposing school actions.
(Source: P.A. 97-1133, eff. 11-30-12.) |
(105 ILCS 5/34-235) Sec. 34-235. Emergencies. Nothing in Sections 34-200 through 34-235 of this Code prevents the district from taking emergency action to protect the health and safety of students and staff in an attendance center. In the event of an emergency that requires the district to close all or part of a school facility, including compliance with a directive of a duly authorized public safety agency, the chief executive officer or his or her designees are authorized to take all steps necessary to protect the safety of students and staff, including relocation of the attendance center to another location or closing the attendance center. In such cases, the chief executive officer shall provide written notice of the basis for the emergency action within 3 days after declaring the emergency and shall publish the steps that have been taken or will be taken to address the emergency within 10 days after declaring the emergency. The notice shall be posted on the district's website and provided to the principal, the local school council, and the State Senator, the State Representative, and the alderperson of the school that is the subject of the emergency action. The notice shall explain why the district could not comply with the provisions in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 102-15, eff. 6-17-21.) |
(105 ILCS 5/Art. 34A heading) ARTICLE 34A
SCHOOL FINANCE AUTHORITY
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(105 ILCS 5/34A-101) (from Ch. 122, par. 34A-101)
Sec. 34A-101.
Short title.
This Article shall be known and may be cited
as the "School Finance Authority Act."
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-102) (from Ch. 122, par. 34A-102)
Sec. 34A-102.
Findings and purpose.
(a) The General Assembly finds:
(i) A fundamental goal of the people of the State, as | ||
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(ii) A sound financial structure is essential to the | ||
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(iii) To promote the financial integrity of boards of | ||
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(b) It is the purpose of this Article to provide a secure financial basis
for the continued operation of the public schools. In addition, it is the
further purpose of this Article to facilitate implementation of school
reform in the continued operation of the public schools in accordance with
the provisions of this amendatory Act of 1991. The intention of the
General Assembly, in enacting this legislation, is to establish procedures,
provide powers and impose restrictions to assure the financial and
educational integrity of the public schools while leaving principal
responsibility for the educational policies of the public schools to the
boards of education within the State, consistent with the requirements for
satisfying the public policy and purpose herein set forth.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-103) (from Ch. 122, par. 34A-103)
Sec. 34A-103.
Definitions.
As used in this Article:
(a) "Authority" means the "(Name of City) School Finance Authority";
(b) "Board" means any board of education to which this Article is
applicable;
(c) "Budget" means the budget of the Board as defined in Section 34-43
of this Act, as from time to time in effect;
(d) "Chairman" means the chairman of the Authority appointed pursuant
to paragraph (c) of Section 34A-301 of this Article;
(e) "City" means the city wherein the school district of such Board
is located;
(f) "Financial Plan" means the financial plan of the Board to be developed
pursuant to Section 34A-403 of this Article, as from time to time in effect;
(g) "Fiscal Year" means the fiscal year of the Board;
(h) "Governor" means the Governor of the State of Illinois;
(i) "School year" means the school year of the Board;
(j) "Approved System-Wide Educational Reform Goals and Objectives Plan"
means the system-wide educational reform goals and objectives plan that has
been accepted and approved by the Authority;
(k) "Investment Obligations" means any of the following which at the time
of investment are legal investments under the laws of the State for the
money proposed to be invested therein:
(i) Direct obligations of, or obligations the | ||
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(ii) Bonds, debentures or notes or other evidence of | ||
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(iii) New Housing Authority Bonds issued by public | ||
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(iv) Direct and general obligations of, or | ||
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(v) Negotiable or non-negotiable time deposits | ||
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(vi) Repurchase agreements with banks (which may | ||
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(l) "Mayor" means the Mayor of the City;
(m) "Obligations" means bonds and notes of the Authority;
(n) "State" means the State of Illinois.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-104) (from Ch. 122, par. 34A-104)
Sec. 34A-104.
Establishment of Authority.
For each school district organized
under Article 34 there is established a body both corporate and politic
and a unit of local government to be known as the "(Name of City) School
Finance Authority" which, in such name, shall exercise all authority vested
in such Authority by this Article.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-201) (from Ch. 122, par. 34A-201)
Sec. 34A-201.
General powers.
The purposes of the Authority shall be to
exercise
financial control over the Board, and to furnish financial assistance so
that the Board can provide public education within the Board's jurisdiction
while permitting the Board to meet its obligations to its creditors and
the holders of its notes and bonds. Except as expressly limited by this
Article, the Authority shall have all powers necessary to meet its
responsibilities
and to carry out its purposes and the purposes of this Article, including,
but not limited to, the following powers:
(a) to sue and be sued;
(b) to provide for its organization and internal management
and, subject to agreements with or for the benefit of holders of its Obligations,
to make rules and regulations governing the use of its property and facilities;
(c) to make and execute contracts, leases, subleases and all other instruments
or agreements necessary or convenient for the exercise of the powers and
functions granted by this Article;
(d) to purchase real or personal property necessary or convenient for its
purposes; to execute and deliver deeds for real property held in its own
name; to mortgage, pledge or otherwise grant security interests in such
properties; and to sell, lease, or otherwise dispose of such of its property
as, in the judgment of the Authority, is no longer necessary for its purposes;
(e) to appoint officers, agents, and employees of the Authority, define
their duties and
qualifications and fix their compensation and employee benefits;
(f) to lend or otherwise transfer to the Board such sums of money as are
not required for other purposes;
(g) to borrow money and to issue Obligations pursuant to this Article,
to fund, refund or advance refund the same, to provide for the rights of
the holders of its Obligations, and to repay any advances;
(h) subject to the provisions of any contract with or for the benefit of
the holders of its Obligations, to purchase or redeem its Obligations or
to purchase the notes, bonds or obligations of the Board or the notes, bonds
or obligations of the City;
(i) to procure insurance against any loss in such amounts and from such
insurers as it deems desirable;
(j) to engage the services of consultants for rendering professional and
technical assistance and advice on matters within the Authority's power;
(k) to contract for and to accept any gifts, grants or loans of funds
or property or financial or other aid in any form from the federal government,
state government, unit of local government, school district or any agency
or instrumentality thereof, or from any other private or public source,
and to comply with the terms and conditions thereof;
(l) as security for the payment of the principal of and interest on its
Obligations and for the performance of any agreements made in connection
therewith, to grant a security interest or lien upon all or any part of
its property or revenues;
(m) to pay the expenses of its operations; and
(n) to do any and all things necessary or convenient to carry out its
purposes
and exercise the powers given to the Authority by this Article.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-201.1)
Sec. 34A-201.1.
(Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 89-698, eff. 1-14-97.)
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(105 ILCS 5/34A-201a) (from Ch. 122, par. 34A-201a)
Sec. 34A-201a.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-202) (from Ch. 122, par. 34A-202)
Sec. 34A-202.
Deposits and Investments.
(a) The Authority shall have the power to establish checking and whatever
other banking or savings and loan association accounts it may deem appropriate
for conducting its affairs.
(b) Subject to the provisions of any contract with or for the benefit of
the holders of its Obligations, the Authority may invest any funds not required
for immediate use or disbursement, whether pursuant to Section 34A-201 of
this Article or otherwise, only in Investment Obligations.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(105 ILCS 5/34A-301) (from Ch. 122, par. 34A-301)
Sec. 34A-301.
Board of Directors.
The governing body of the Authority shall
be a board consisting of 5 Directors appointed as follows:
(a) Two Directors appointed by the Governor, with the approval of the Mayor.
(b) Two Directors appointed by the Mayor, with the approval of the Governor.
(c) One Director appointed jointly by the Governor and the Mayor, who
shall serve as Chairman.
(d) The Governor and the Mayor shall certify their respective appointments
and approvals to the Secretary of State.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-302) (from Ch. 122, par. 34A-302)
Sec. 34A-302.
Terms, vacancies and removal.
Of the initial Directors appointed
by the Governor, with the approval of the Mayor, one each shall be selected
for terms expiring on January 31, 1981 and January 31, 1982. Of the initial
Directors appointed by the Mayor with the approval of the Governor, one
each shall be selected for terms expiring on January 31, 1981 and January
31, 1982. The initial Chairman shall be selected for a term expiring January 31, 1983.
Thereafter, each Director shall hold office for a term of 3 years, and until
his successor has been appointed as provided in Section 34A-301.
Any vacancy which shall arise, shall be filled as provided in Section 34A-301.
Any Director appointed to fill a vacancy shall serve until the expiration
of his predecessor's term, and until his successor has been appointed as
provided in Section 34A-301. A vacancy shall occur upon resignation, death,
conviction of a felony, or removal from office of a Director. Directors
shall be eligible for reappointment. Any Director may be removed for incompetence,
malfeasance or neglect of duty, at the instance of the occupant of the office
entitled to appoint that Director, or in the case of the Chairman
at the instance of the occupant of each office so entitled.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-303) (from Ch. 122, par. 34A-303)
Sec. 34A-303.
Chairman and other officers.
The Chairman shall preside at
meetings of the Directors.
The Directors may establish such offices and appoint such officers for the
Authority as they may deem appropriate.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-304) (from Ch. 122, par. 34A-304)
Sec. 34A-304.
Assistance by state agencies, units of local government or
school districts. The Board shall render such services to, and permit the
use of its facilities and resources by, the Authority at no charge as may
be requested by the Authority. Any state agency, unit of local government,
or school district may, within its respective function, render such
services to the Authority as may be requested by the Authority. Upon
request of the Authority any such agency, unit of local government or
school district is hereby authorized and empowered to transfer to the
Authority such officers and employees as the Authority may deem necessary
in carrying out its functions and duties. Officers and employees so
transferred shall not lose or forfeit their employment status or rights.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-305) (from Ch. 122, par. 34A-305)
Sec. 34A-305.
Compensation.
The Directors shall serve without compensation,
but each Director shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties as a Director.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-306) (from Ch. 122, par. 34A-306)
Sec. 34A-306.
Meetings and records.
(a) The Governor shall call the first meeting of the Authority.
Thereafter, the Directors shall prescribe the times and places for their
meetings and the manner in which regular and special meetings may be
called. The Directors shall comply in all respects with "An Act in relation
to meetings", approved July 11, 1957, as now or hereafter amended. The
Authority shall be an Agency to which the Local Records Act, as amended,
applies.
(b) A majority of the Directors holding office shall constitute a quorum
for the conduct of business. The affirmative votes of at least 3 Directors
shall be necessary for adopting any rule or regulation, and for any other
action required by this Article to be taken by resolution, directive or
ordinance.
(c) The Authority and the State Superintendent of Education shall
cooperate with each other in the exercise of their respective powers under
The School Code. There shall be at least one annual meeting between the
Authority and the State Superintendent of Education in order to facilitate
cooperation and communication.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-401) (from Ch. 122, par. 34A-401)
Sec. 34A-401.
Approval of Financial Plan and Budget.
In carrying out the
purposes of this Article and pursuant to Sections 34A-402 through 34A-411,
as hereinafter provided, the Authority shall have the power to approve or
to reject the Financial
Plans, Budgets and contracts of the Board; provided, however, that the
Authority shall have no power to impair any existing contract or obligation of the
Board; and provided further, that with respect to any multi-year
employment contract or collective bargaining agreement authorized or
entered into pursuant to Section 34-49 or the Illinois Educational Labor
Relations Act, as now or hereafter amended, the Authority's power to
approve or reject the same shall be limited to the first year of such
contract or agreement as provided in Section 34A-405. Except as provided
in Section 34A-403 with regard to revenue estimates,
the Authority shall have no power to amend or reject in part any Financial
Plan, Budget or contract presented to the Authority for its approval.
(Source: P.A. 84-1057.)
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(105 ILCS 5/34A-401.1) (from Ch. 122, par. 34A-401.1)
Sec. 34A-401.1.
Limitation.
Notwithstanding the provisions of any
other law to the contrary, the Authority shall have no power to reject the
Financial Plans, Budgets and Contracts of the Board for the failure of the
Board to keep reserves in excess of $5,000,000.
(Source: P.A. 83-1130.)
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(105 ILCS 5/34A-402) (from Ch. 122, par. 34A-402)
Sec. 34A-402.
Balanced budget.
The Board's budget for its fiscal year
ending in 1982 and for each subsequent fiscal year shall be balanced in
accordance with an accounting system and procedure to be prescribed by the
Authority, with substantial progress toward balancing the budget to be
achieved in each of the preceding fiscal years; provided, however, that (1)
for the fiscal year of the Board ending in
1992, the aggregate amount of
the reserved fund balances required to be maintained by the Board
under its
budget for that fiscal year as last balanced by the Board and approved by
the Authority prior to the effective date of this amendatory Act of 1992 in
accordance with the accounting system and procedure prescribed by the
Authority is hereby reduced by $13,266,200, (2) the $13,266,200 released
from reserved fund balance requirements in fiscal year 1992 by this
amendatory Act of 1992 shall be available to the Board for appropriation by
it for any lawful school purpose during its fiscal year ending in 1992, and
(3) the Authority shall not require the $13,266,200 released from reserved
fund balance requirements in fiscal year 1992 by this amendatory Act of
1992 to be restored by the Board under any regular, supplemental or amended
budget adopted for any fiscal year ending in 1992 or thereafter.
For the fiscal year of the Board ending in 1994, the aggregate amount of
the reserved fund balances required to be maintained by the Board under its
budget for that fiscal year in accordance with the accounting system and
procedure prescribed by the Authority as of the effective date of this
amendatory Act of 1993 is hereby reduced by $22,000,000. The $22,000,000
released from reserved fund balance requirements in fiscal year 1994 by this
amendatory Act of 1993 shall be available to the Board for appropriation by it
for any lawful school purpose during its fiscal year ending in 1994. The
Authority shall not require the $22,000,000 released from reserved fund balance
requirements in fiscal year 1994 by this amendatory Act of 1993 to be restored
by the Board under any regular, supplemental or amended budget adopted for any
fiscal year ending in 1994 or thereafter. This reduction in the required
reserved fund balance is in addition to the reduction made by Public Act
87-838.
For the fiscal year of the Board ending in 1994, the aggregate amount of
the reserved fund balances required to be maintained by the Board under its
budget for that fiscal year in accordance with the accounting system and
procedure prescribed by the Authority as of the effective date of this
amendatory Act of 1993 is hereby reduced to $100,000,000. The reserved fund
balances required to be maintained in each subsequent fiscal year shall not
exceed $100,000,000.
(Source: P.A. 87-838; 88-89; 88-511.)
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(105 ILCS 5/34A-403) (from Ch. 122, par. 34A-403)
Sec. 34A-403.
Financial Plans.
The Board shall develop, adopt and submit
to the Authority on or before March 1, 1980, for approval by the Authority,
an initial Financial Plan with respect to the remaining portion of the
Fiscal Year ending in 1980 and for the two succeeding Fiscal Years. The
Board shall develop and adopt subsequent Financial Plans in accordance with
this Section. Beginning with the Fiscal
Year beginning in 1993, and every second year thereafter, the Board shall adopt
a Financial Plan covering a period of 2 fiscal years. After adoption by
the Board, the Board shall submit each plan to the Authority for its approval
not later than 30 days prior to the commencement of the first Fiscal
Year to
which the Financial Plan relates, except that the Financial Plan to be
developed for the Fiscal Years beginning in 1993 and 1994 shall be submitted to
the Authority within 90 days of the effective date of this amendatory Act of
1993.
The Authority shall approve or reject the Financial Plan within 15
days of its
receipt of the Financial Plan from the Board. No Financial Plan shall have
force or effect without approval of the Authority. Each Financial Plan shall
be developed, submitted, approved and monitored in accordance with the
following procedures:
(a) The Board shall determine and submit to the Authority, at a time and
in a manner prescribed by the Authority, estimates of revenues available
to the Board during the period for which the Financial Plan is to be in
effect. The Authority shall approve, reject or amend the revenue estimates.
In the event the Board fails, for any reason, to submit to the Authority
estimates of revenue as required by this paragraph, the Authority may prepare
such estimates. The Financial Plan submitted by the Board shall be based
upon revenue estimates approved or prepared by the Authority.
As soon as practicable following the establishment of the Authority, the
President of the Board shall, at the request of the Chairman of the Authority,
make available to the Chairman of the Authority copies of the audited financial
statements and of the books and records of account of the Board for the
preceding 5 fiscal years of the Board.
(b) Each Financial Plan for each Fiscal Year or part thereof to which
it relates, shall contain (i) a description of revenues and expenditures,
provision for debt service, cash resources and uses, and capital improvements,
each in such manner and detail as the Authority shall prescribe, (ii) a
description of the means by which the Budget will be brought into balance
in accordance with Section 34A-402 of this Article,
and (iii) such other matters that the Authority, in its discretion, requires.
The initial Financial Plan shall also include a description of the means
by which any outstanding short-term indebtedness shall be paid or refunded
by the Board. The Authority may prescribe any reasonable time, standards,
procedures or forms consistent with this Section for preparation and
submission of the Financial Plan.
(c) The Authority shall approve the initial and each subsequent Financial
Plan if, in its
judgment, the plan is complete, is reasonably capable of being achieved,
and meets the requirement set forth in Section 34A-402 of this Article.
Otherwise, the Authority shall reject the Financial
Plan. In the event of rejection, the Authority may prescribe a procedure
and standards for revision of the Financial Plan by the Board.
(d) The Board shall report to the Authority, at such times and in such
manner as the Authority may direct, concerning the Board's compliance with
each Financial Plan. The Authority may review the Board's operations, obtain
budgetary data and financial statements, require the Board to produce reports,
and have access to any other information in the possession of the Board
that it deems relevant. The Authority may issue recommendations or directives
within its powers to the Board to assure compliance with the Financial Plan.
The Board shall produce such budgetary data, financial statements, reports
and other information and comply with such directives.
(e) After approval of each Financial Plan, the Board shall regularly
reexamine the revenue and expenditure estimates on which it was based and
revise them as necessary. The Board shall promptly notify the Authority of any
material change in the revenue or expenditure estimates in the Financial Plan.
The Board may submit to the Authority, or the Authority may require the Board
to submit, modified Financial Plans based upon revised revenue or expenditure
estimates or for any other good reason. The Authority shall approve or reject
each modified Financial Plan pursuant to paragraph (c) of this Section.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-403.1)
Sec. 34A-403.1.
Fiscal year 1994 contracts.
Notwithstanding any provision
of this Article to the contrary, the failure of a Board to have a Financial
Plan approved by the School Finance Authority within 90 days after the
effective date of this amendatory Act of 1993 shall not impair the Board's
power to enter into any contract or other obligation or the Authority's powers
and responsibilities under Sections 34A-404, 34A-405, and
34A-405.2 or in any other way affect the operations of the Board.
(Source: P.A. 92-651, eff. 7-11-02.)
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(105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)
Sec. 34A-404. Budgets. The Board shall develop and adopt and submit to
the Authority on or before February 1, 1980, for approval by the Authority,
a revised Budget for the remaining portion of the Fiscal Year ending in 1980
and, thereafter, an annual Budget for each Fiscal Year. After adoption
by the Board, the Board shall submit each Budget to the Authority for its
approval not later than 30 days prior to the commencement of the
Fiscal
Year to which the Budget relates. The Authority shall approve or reject
the Budget within 15 days of its receipt from the Board. No Budget
shall
have force or effect without approval of the Authority. Each Budget shall
be developed, submitted, approved and monitored in accordance with
the following procedures:
(a) Each Budget submitted by the Board shall be based | ||
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(b) Each Budget shall contain such information and | ||
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(c)(1) The Authority shall approve each Budget if, in | ||
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(2) For any Fiscal Year, the Authority may approve a | ||
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(d) The Board shall report to the Authority at such | ||
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(e) After approval of each Budget, the Board shall | ||
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(Source: P.A. 100-201, eff. 8-18-17.)
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(105 ILCS 5/34A-405) (from Ch. 122, par. 34A-405)
Sec. 34A-405.
Contracts.
(a) No contract or other obligation shall be
entered into by the Board unless it is consistent with the Financial Plan
and Budget in effect. No
multi-year employment contract or collective bargaining agreement
authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, shall, with
respect to any terms and provisions thereof which are operative after
expiration of the first year of any such contract or agreement, be deemed
inconsistent with any Financial Plan and Budget at any time in effect;
provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(b) The Authority may adopt, and from time to time amend, regulations
identifying categories and types of contracts and other obligations that
shall be subject to approval by the Authority and the procedure for submitting
contracts for approval. Each contract or other obligation that is entered
into by the Board and requires approval by the Authority shall contain a
provision stating that it shall not become legally binding on the Board
unless and until it has received the approval of the Authority. No contract
or other obligation that requires the approval of the Authority shall be
legally binding on the Board unless and until it has received such approval.
The Authority shall not, either by regulation or in practice, withhold
approval of any multi-year employment contract or collective bargaining
agreement authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, if, in the
judgment of the Authority, the terms and provisions operative during the
first year of such contract or agreement are consistent with the Budget and
Financial Plan in effect for that period; provided, however, that any terms
and provisions of a contract or
agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(c) The Board shall submit to the Authority a copy of any contract or
other obligation for which the approval of the Authority is required, along
with a cost analysis and such other information as the Authority may require.
The Authority may prescribe any reasonable time, standards, procedures or
forms for submission of the contract or other obligation.
(d) The Authority shall approve the contract or obligation if, in its
judgment, the information required to be submitted is complete and the contract
or other obligation is consistent with the Budget and Financial Plan in
effect. Otherwise, the Authority shall reject the contract or other
obligation; provided, however, that any multi-year employment contract or
collective bargaining agreement authorized or entered into pursuant to
Section 34-49 or the Illinois Educational Labor Relations Act, as now or
hereafter amended, shall be approved by the Authority if in its judgment
the terms and provisions operative during the first year of such contract
or agreement are consistent with the Budget and Financial Plan in effect
for that period; provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
Contracts or other obligations not rejected within 30 days after submission
to the Authority shall be considered approved, provided, however, that the
Authority shall have an additional 30 days to approve or reject the contract
or other obligation if it so advises the Board within the initial 30 day
period.
(Source: P.A. 84-1057.)
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(105 ILCS 5/34A-405.1)
Sec. 34A-405.1.
Interim operations.
Notwithstanding any other provision
of law to the contrary, for the period September 1 through September 12, 1993,
the following provisions apply:
(1) The Board of Education shall not be subject to | ||
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(2) Neither the Board, the general superintendent, | ||
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(3) The Board of Education shall not be subject to | ||
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(4) The Board shall adopt an interim appropriation | ||
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(Source: P.A. 88-473.)
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(105 ILCS 5/34A-405.2)
Sec. 34A-405.2.
Staffing levels.
(a) No hiring or appointment of any person in any position by the Board, the
general superintendent, any other officer or employee of the Board, or any
local school council shall be made or entered into unless it is consistent with
the Financial Plan and Budget in effect and the staffing plan approved by the
Authority under this Section. The hiring or appointment of any person shall
not be binding on the Board unless and until it is in compliance with this
Section.
(b) The Board shall submit to the Authority for approval by the Authority a
staffing plan for the upcoming school year at the same time as the submission
of the Budget, except that the staffing plan for the fiscal
year ending in 1994 shall be submitted to the Authority within 90 days after
the effective date of this amendatory Act of 1993. The staffing plan shall be
accompanied by a
cost analysis and such other information as the Authority may require. The
Authority may adopt, and from time to time amend, regulations to implement this
Section and may prescribe standards, procedures, and forms for submission of
the staffing plan.
(c) The Authority shall approve the staffing plan if, in its judgment, the
information required to be submitted is complete and the staffing plan is
consistent with the Budget and Financial Plan in effect. Otherwise, the
Authority shall reject the staffing plan; in the event of rejection, the
Authority shall prescribe a procedure and standards for revision of the
staffing plan. The Authority shall act on the staffing plan at the same
time as the approval of the Budget, except that the staffing plan for the
fiscal year ending in 1994 shall be acted upon at the same time as approval of
the Financial Plan for that fiscal year.
(d) The Board shall report to the Authority, at such times and in such
manner as the Authority may direct, concerning the Board's compliance with each
staffing plan. The Authority may review the Board's operations, obtaining
budgetary data and financial statements, may require the Board to produce
reports, and shall have access to any other information in the possession of
the Board that it deems relevant. The Authority may issue recommendations or
directives within its powers to the Board to assure compliance with the
staffing plan. The Board shall produce such budgetary data, financial
statements, reports, and other information and shall comply with such
directives.
(e) After approval of each staffing plan, the Board shall regularly
reexamine the estimates on which it was based and revise them as necessary. The
Board shall promptly notify the Authority of any material change in the
estimates in the staffing plan. The Board may submit to the Authority, or the
Authority may require the Board to submit, modifications to the staffing plan
based upon revised revenue or expenditure estimates or for any other good
reason. The Authority shall approve or reject each modified staffing plan
pursuant to subsection (c) of this Section.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-406) (from Ch. 122, par. 34A-406)
Sec. 34A-406.
Expenditures.
The Board shall meet its debt service obligations as they become due. No
other expenditure shall be made by the Board unless it is consistent with
the Financial Plan and Budget or a provisional budget provided for in Section
34A-404(c)(2), in each case as in effect.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-406.1) (from Ch. 122, par. 34A-406.1)
Sec. 34A-406.1.
During the 1984-85 school year only, the number of education
fund positions for both teacher-certificated and career service personnel
employed by the Chicago Board of Education shall not exceed the previous
year's budgeted positions, as certified by the Chicago School Finance Authority.
(Source: P.A. 83-1131.)
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(105 ILCS 5/34A-406.2)
Sec. 34A-406.2.
Interim Operations for Fiscal Year 1994 Pending Budget
Adoption and Approval. Notwithstanding any other provision of law to the
contrary, for the fiscal year of the Board ending in 1994 only, during the
period of 30 days after the effective date of this amendatory Act of 1993, the
Board of Education is not subject to Sec. 34A-406 and shall adopt an interim
appropriation authorizing the expenditure of funds consistent with the
provisions of this Section and of this amendatory Act of 1993. If the Board
fails to timely meet and satisfy items (1) through (3) of this Section, no
funds may be spent or disbursed and no obligations, commitments, or liabilities
incurred for any part of the 30-day period after the failure occurs.
(1) Notwithstanding any provision of Section 34-46 to | ||
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(2) Notwithstanding any provision of Section 34-46 to | ||
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(3) Notwithstanding any provision of Section 34-43, | ||
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(Source: P.A. 88-511.)
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(105 ILCS 5/34A-407) (from Ch. 122, par. 34A-407)
Sec. 34A-407.
Approval of chief financial officer.
The Board shall appoint a chief financial officer subject to the approval
of the Authority. Either the Authority or the Board shall have the power
to remove the chief financial officer. The chief financial officer shall
have the responsibility for preparing and supervising the Budget and Financial
Plan of the Board and overseeing expenditures of the Board. The chief financial
officer shall report to the Board. The chief financial officer 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.
(Source: P.A. 82-485.)
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(105 ILCS 5/34A-408) (from Ch. 122, par. 34A-408)
Sec. 34A-408.
Financial and managerial audits.
(a) The Authority may examine the business records and audit the
accounts of the Board or require that the Board examine its business records
and audit its accounts at such time and in such manner as the Authority may
prescribe. The Board shall appoint a certified public accountant annually,
approved by the Authority, to audit its financial statements.
(b) The Authority shall initiate and direct financial and managerial
assessments and similar analyses of the operations of the
Chicago Board of Education, as may be required by this Section or as may, in
the judgment of the Authority, assure sound and efficient financial management
of the Board.
(c) On or before April 1, 1994, the Authority shall assure completion of
assessments and analyses that:
(1) Provide for a review of the managerial and | ||
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(2) Analyze the potential cost savings and | ||
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Upon the completion of these required assessments, the Authority shall make
recommendations to the Board regarding improvements and changes that derive
from these assessments, which the Board should implement.
In conjunction with its budgetary submission to the Authority for the fiscal
year that ends in 1995, the Board shall demonstrate to the
satisfaction of the Authority that the recommendations requested by the
Authority have been implemented in whole or in part or, in the alternative, are
not capable of being implemented. In consideration of whether to approve or
reject the budget for the fiscal year that ends in 1995, the Authority shall
adjudge whether the Board has fully considered and responsibly proposed
implementation of the Authority's recommendations.
(d) On or before April 1, 1995, the Authority shall adopt and submit a
report to the General Assembly, the Governor, and the Chicago Board of
Education that reflects a comprehensive assessment of the financial status of
the Chicago Board of Education. The report shall include an expenditure
analysis of all special education
programs provided by the Board, which shall include the number of programs
available and student participation, the dollar amount spent on each program,
the program location, the availability of transportation for students
participating in the programs, and related expenditure recommendations.
In addition, the
report shall also include a review of all attendance centers for efficiency
purposes, which shall include the total number of attendance centers in use,
their capacities, and the number of students currently enrolled in the
attendance centers, and the attendance center long range capital needs (repair
and maintenance) based upon current and estimated future enrollments. A study
shall also be included on teacher/student ratios.
(e) The Authority shall initiate and direct a management audit of
the Board at least once every 2 years. The audit shall review the personnel,
organization, contracts, leases, and physical properties of the Board to
determine whether the Board is managing and utilizing its resources in an
economical and efficient manner. The audit shall determine the causes of any
inefficiencies or uneconomical practices, including inadequacies in internal
and administrative procedures, organizational structure, uses of resources,
utilization of real property, allocation of personnel, purchasing policies, and
equipment.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-409) (from Ch. 122, par. 34A-409)
Sec. 34A-409.
Cash accounts and bank accounts.
(a) The Authority shall require the Board or any officer of the Board, including
the Board's treasurer or any person acting as the Board's official or ex
officio treasurer, to establish and maintain separate cash accounts and
separate bank accounts in accordance with such rules, standards and procedures
as the Authority may prescribe.
(b) The Authority shall have the power to assume exclusive administration
of the cash accounts and bank accounts of the Board, to establish and maintain
whatever new cash accounts and bank accounts it may deem appropriate, and
to withdraw funds from such accounts for the lawful expenditures of the Board.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-410) (from Ch. 122, par. 34A-410)
Sec. 34A-410.
Financial, management and budgetary structure.
Upon direction of the Authority, the Board shall reorganize the financial
accounts, management and Budgetary systems of the Board in whatever manner
the Authority deems appropriate to achieve greater financial responsibility
and to reduce financial inefficiency.
Except as provided in Sections 34A-501 through 34A-512 of this Act, the
Authority shall not have the power to affect the taxing authority or to
consolidate or reduce the
restricted debt service funds of the Board.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-411) (from Ch. 122, par. 34A-411)
Sec. 34A-411.
Termination and reinstatement of Authority's power under this
Article.
(a) The powers and responsibilities granted to or imposed upon the Authority
and the Board under Sections 34A-401 through 34A-410 of this Article shall
not be exercised after the Authority has certified to the Governor and the
Mayor that the Board has completed 6 successive Fiscal Years of balanced
Budgets pursuant to the accounting and other principles prescribed by the
Authority. Notwithstanding the foregoing sentence, Sections 34A-402, 34A-404,
34A-405, and 34A-408 shall continue in full force and effect after such
certification of the completion of 6 successive Fiscal Years of balanced
Budgets.
(b) Upon determination by the Authority and certification of the Authority
to the Governor and the Mayor that the Board has failed to adopt a balanced
Budget by August 15th immediately preceding the commencement of each Fiscal
Year or failed to achieve a balanced Budget for two successive Fiscal Years,
subsequent to a time in which the powers and responsibilities of the Authority
and the Board are not exercised pursuant
to paragraph (a) of this Section, the Authority and Board shall resume the
exercise of their respective powers and responsibilities pursuant to each
Section of this Article.
(c) Notwithstanding the provisions of subsections (a) and (b) of this
Section or any other provision of law to the contrary, the powers and
responsibilities granted to or imposed upon the Authority and the Board under
Sections 34A-401 through 34A-410 and Section 34A-606 are suspended until
December 31, 2010.
(Source: P.A. 93-488, eff. 8-8-03.)
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(105 ILCS 5/34A-412) (from Ch. 122, par. 34A-412)
Sec. 34A-412.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-413) (from Ch. 122, par. 34A-413)
Sec. 34A-413.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-414) (from Ch. 122, par. 34A-414)
Sec. 34A-414.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-415) (from Ch. 122, par. 34A-415)
Sec. 34A-415.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-501) (from Ch. 122, par. 34A-501)
Sec. 34A-501.
Power to issue Bonds.
(a) The Authority may incur
indebtedness by the issuance of its negotiable full faith and credit
general obligation bonds (the "Bonds") in an amount not to exceed at any
time the sum of $695,000,000 (excluding Bonds to be issued to refund
outstanding Bonds) for the purpose of providing the Board with moneys
for ordinary and necessary expenditures for educational purposes,
maintenance of school facilities, and other operational needs of the
Board; payment of outstanding debt obligations of the Board and of the
City, the proceeds of which were used to provide financing for the
Board; providing or increasing a working cash fund as provided by paragraph
(d) of this Section 34A-501; providing the Board with moneys for school
construction and rehabilitation purposes as provided by paragraph (e) of
this Section; payment of fees for arrangements as provided by paragraph (c)
of Section 34A-502; payment of interest on Bonds; establishment of reserves to
secure Bonds; the payment of costs of issuance of Bonds; payment of principal
of or interest or redemption premium on any Bonds or notes of the Authority;
and all other expenditures of the Authority incidental to and necessary or
convenient for carrying out its corporate purposes and powers, and in an
additional amount not to exceed at any time the sum of $427,000,000 (excluding
Bonds to be issued to refund outstanding Bonds) for the purpose of providing
the Board with moneys for ordinary and necessary expenditures for educational
purposes, maintenance of school facilities, and other operational needs of the
Board; payment of fees for arrangements as provided by paragraph (c) of Section
34A-502; payment in connection with agreements or contracts entered into as
provided for in Section 7 of the Bond Authorization Act; payment of interest on
Bonds; establishment of reserves to secure
Bonds; the payment of costs of issuance of Bonds; payment of principal of or
interest or redemption premium on any Bonds or notes of the Authority; and all
other expenditures of the Authority incidental to and necessary or convenient
for carrying out its corporate purposes and powers. No more than $40,000,000
of proceeds of Bonds of the Authority shall be deposited in a working cash fund
as provided by paragraph (d) of this Section 34A-501. No more than $95,000,000
of proceeds of Bonds of the Authority shall be provided to the Board for school
construction and rehabilitation purposes; provided that not less than
$32,000,000 nor more than $37,000,000 of such proceeds shall be used by the
Board for constructing new school buildings or providing additions
to school buildings.
(b) The Authority may from time to time (i) issue Bonds to refund
any outstanding Bonds or notes of the Authority whether the Bonds or
notes to be refunded have or have not matured or become redeemable and (ii)
issue Bonds partly to refund Bonds or notes then outstanding and partly for
any other purpose hereinabove set forth.
(c) Bonds issued in accordance with paragraph (a) of this Section
may be issued in excess of any statutory limitation as
to debt, and may be issued without referendum.
(d) The Authority may create a working cash fund to provide working
cash for the Board. Amounts in the working cash fund shall be used by the
Authority to make loans from time to time to the Board to enable the Board
to cover anticipated cash flow deficiencies which it may experience within
the fiscal year of the Board in which the loan is made, all as and to the
extent determined by the Authority. The loans shall be made in such amounts
and upon such terms as the Board and the Authority shall agree. The Authority
shall not under any circumstance be obligated to make any such loan. No
interest need be charged on any such loan. The Board may pledge and assign
to the repayment of such loans and may apply to that repayment any particular
receipts of the Board which have not been pledged to the payment of any of
the Board's bonds, notes, tax anticipation warrants or state aid anticipation
certificates. Each loan shall be required to be repaid in full by the Board
within the fiscal year of the Board in which the loan was made and, in any
event, within 11 months from the date on which it was made. Interest and
other investment earnings on the working cash fund shall be deposited in
and shall be part of that fund. Whenever the Authority shall determine
that all or part of the working cash fund is no longer needed for making
loans to the Board as provided in this paragraph, the Authority shall reduce
the amount of the fund so that the amount in the fund does not exceed the
amount which the Authority determines is necessary for use for making future
loans to the Board as provided in this paragraph. Upon any such reduction
in the amount of the working cash fund and upon
its abolition, all amounts in excess of the amounts to remain in the fund
shall be deposited in the debt service fund established by the Authority
for the Bonds for use for paying principal of Bonds at their maturity or
on earlier redemption dates, redemption premium and any interest accruing
on those Bonds, all as the Authority shall determine and direct.
(e) For purposes of this Section, "school construction and
rehabilitation purposes" means constructing new school buildings and
rehabilitating and accomplishing the deferred maintenance existing as of
August 31, 1984, of school buildings, including, without limitation,
repairing, modernizing, providing additions to and facilities in, altering
and reconstructing school buildings and equipment.
Any interest or other investment earnings on proceeds of Bonds issued for
the purpose of providing the Board with moneys for school construction and
rehabilitation purposes shall be applied as provided in the resolution
authorizing such Bonds, which resolution shall require those earnings to
be used for the same purpose as the proceeds of those Bonds or for the
payment of principal of or interest or redemption premium on any Bonds,
either at maturity or an earlier redemption date. Application by the
Authority of any proceeds of Bonds issued for the purpose of providing the
Board with moneys for school construction and rehabilitation purposes,
or interest or other investment earnings thereon, shall be in the sole
judgment and discretion of the Authority, but no such moneys shall be so
provided unless the Authority shall have found and determined, in its sole
judgment and discretion, that such moneys are to be used for those purposes
and not for providing the Board with moneys for its ordinary and necessary
expenditures for educational purposes, maintenance of school facilities or
other operational needs. The Authority may, in making its findings and
determinations, rely upon information provided by or on behalf of the Board.
The Authority may from time to time make and amend regulations and issue
directives with respect to the use and application of such moneys.
The Authority may, at any time, in its sole judgment and discretion,
deposit unexpended proceeds of Bonds issued for the purpose of providing
the Board with moneys for school construction and rehabilitation purposes
or interest or other investment earnings thereon solely in a debt service
fund for any Bonds and shall apply such moneys to the payment of principal
of or interest or redemption premium on Bonds, at maturity or an earlier
redemption date. In the resolution authorizing Bonds, the
Authority may make commitments or covenants to holders of Bonds with
respect to such use of such unexpended proceeds and interest or other
investment earnings.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-501.1)
Sec. 34A-501.1.
Additional bond authority.
Subject to the limitation
in additional amount authorized by this amendatory Act of 1993 in Section
34A-501, the Authority shall incur indebtedness by the issuance of its Bonds on
or after July 1, 1993 in principal amounts sufficient to provide the Board from
the proceeds of the Bonds the sum of $175,000,000 during the
Fiscal Year
beginning in 1993, and the sum of $203,000,000 during the Fiscal Year
beginning
in 1994, in each year for ordinary and necessary expenditures for educational
purposes, maintenance of school facilities, and other operational needs of the
Board. All sums provided to the Board from proceeds of Bonds issued on or
after July 1, 1993 shall be treated
as revenues of the Board in that fiscal year for all purposes.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-502) (from Ch. 122, par. 34A-502)
Sec. 34A-502.
Terms of Bonds.
(a) Whenever the Authority desires or is required to issue
Bonds as provided in this Article, it shall adopt a
resolution designating the
amount of the Bonds to be issued, the purposes for which the proceeds of
the Bonds are to be used and the manner in which such proceeds shall be
held pending the application thereof. The Bonds shall be issued in the
corporate name of the Authority, shall bear such date or dates, and shall
mature at such time or times not exceeding 30 years from their date as such
resolution may provide; provided, however, that Bonds issued on or after July
1, 1993 shall mature on or before June 1, 2009. The Bonds may be issued as
serial bonds payable
in installments or as term bonds with sinking fund installments or
as a combination thereof as the Authority may determine in such resolution.
The Bonds shall be in such denominations of $1,000 or integral multiples
thereof. The Bonds shall be in such form, either coupon or registered,
carry such registration privileges, be executed in such manner, be payable
at such place or places and be subject to such terms of redemption at such
redemption prices, including premium, as such resolution may provide. The
Bonds shall be sold by the Authority at public sale. The Bonds shall be
sold to the highest and best bidders upon sealed bids. The Authority shall,
from time to time as Bonds are to be sold, advertise in at least 2 daily
newspapers, one of which is published in the City of Springfield and one in
the City of Chicago, for proposals to purchase Bonds. Each of such
advertisements for proposals shall be published at least ten days prior to
the date of the opening of the bids. The Authority may reserve the right
to reject any and all bids.
(b) Bonds issued prior to December 31, 1980 shall bear interest at such
rate or rates and at such price or prices as the Authority may approve in
the resolution authorizing the issuance of Bonds. Bonds issued after December
31, 1980 shall bear interest at a rate or rates not to exceed the maximum
annual rate provided for in Section 2 of "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, and if issued at such maximum
annual rate shall be sold for not less than par and accrued interest. If any of
the Bonds are issued to bear interest at a rate of less than such maximum annual
rate the minimum price at which they may be sold shall be such that the
interest cost to the Authority on the proceeds of the Bonds shall not exceed
such maximum annual rate computed to stated maturity according to standard
tables of bond values.
(c) In connection with the issuance of its Bonds, the Authority may
enter into arrangements to provide additional security and liquidity for
the Bonds. These may include, without limitation, municipal bond
insurance, letters of credit, lines of credit by which the Authority may
borrow funds to pay or redeem its Bonds and purchase or remarketing
arrangements for assuring the ability of owners of the Authority's Bonds to
sell or to have redeemed their Bonds. The Authority may enter into
contracts and may agree to pay fees to persons providing such arrangements,
including from Bond proceeds but only under circumstances in which the
total interest paid or to be paid on the Bonds, together with the fees for
the arrangements (being treated as if interest), would not, taken together,
cause the Bonds to bear interest, calculated to their absolute maturity, at
a rate in excess of the maximum rate allowed by law.
The resolution of the Authority authorizing the issuance of its Bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the Authority, which may include, without
limitation, a variation in interest rates
as may be necessary to cause Bonds to be remarketable from time to time at
a price equal to their principal amount, and may provide for appointment of
a national banking association, bank, trust company, investment banker or
other financial institution to serve as a remarketing agent in that
connection. The resolution of the Authority authorizing the issuance of
its Bonds may provide that alternative interest rates or provisions will
apply during such times as the Bonds are held by a person providing a
letter of credit or other credit enhancement arrangement for those Bonds.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-503) (from Ch. 122, par. 34A-503)
Sec. 34A-503.
Tax levy.
(a) Before or at the time of issuing any Bonds, the Authority shall provide by resolution for the levy and collection of a direct annual tax upon all
the taxable property located within the school district without limit as
to rate or amount sufficient to pay
and discharge the principal thereof at maturity or on sinking fund installment
dates and to pay the interest thereon as it falls due. The taxes as levied
shall also include such additional amounts to the extent that the collections
in the prior years were insufficient to pay and discharge such principal
thereof at maturity, such sinking fund installments, if any, and interest
thereon as it fell due and the amount so collected shall be placed in the
debt service reserve fund. Such tax shall be in
addition to and exclusive of the maximum of all taxes
which the Authority, the Board or the City Council of the City is now, or
may hereafter be, authorized by law to levy for any and all school purposes.
Any such resolution shall be in force upon its adoption.
(b) Such levy shall be for the sole benefit of the holders of the Bonds
and the holders of the Bonds shall have a security interest in, and lien
upon, all rights, claims and interests of the Authority arising pursuant
to such levy and all present and future proceeds of such levy until principal
of and sinking fund installments and interest on the Bonds are paid in full.
All proceeds from such levy shall be deposited by each county collector
directly in the debt service funds established pursuant to Section
34A-504 hereof and shall be applied solely for the payment of principal of and
sinking fund installments and interest on the Bonds and shall not be used for
any other purpose.
A levy with respect to Bonds issued prior to July 1, 1993 (or to refund or
continue the refunding of Bonds issued prior to July 1, 1993) shall be for the
sole benefit of holders of Bonds issued prior to July 1, 1993 (or to refund or
continue the refunding of Bonds issued prior to July 1, 1993). A levy with
respect to Bonds issued on or after July 1, 1993 (other than to refund or to
continue the refunding of Bonds issued prior to July 1, 1993) shall be for the
sole benefit of owners of Bonds issued on or after July 1, 1993 (other than to
refund or to continue the refunding of Bonds issued prior to July 1, 1993).
Proceeds of taxes levied under this Section shall be deposited in the debt
service fund relating to the Bonds with respect to which the taxes were
levied.
(c) Upon the filing in the office of the county clerk of each county wherein
the Board is located of a duly certified copy of any such ordinance, it
shall be the duty of each such county clerk to extend the tax therein provided
for, including an amount determined by the Authority to cover loss and cost
of collection and also deferred collections thereof and abatements in the
amount of such taxes as extended on the collectors' books. The tax shall
be separate and apart from all other taxes of the Authority, the Board and
the City and shall be separately identified by the collectors.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-504) (from Ch. 122, par. 34A-504)
Sec. 34A-504.
Debt service fund.
(a) The Authority shall establish a
debt service fund for the Bonds to be maintained by a corporate trustee
(which may be any trust company or bank having the power of a trust
company within the State) separate and segregated from all other funds
and accounts of the Authority and the Board. All moneys on deposit in
the debt service fund shall be held in trust in such debt service fund
for the benefit of holders of the Bonds, shall be applied solely for the
payment of principal of and sinking fund installment, redemption premium,
if any, and interest on the Bonds and shall not be used for any other purpose.
The holders of the Bonds shall have a security interest in and lien upon all
such moneys.
(b) The Authority shall, by its resolution authorizing Bonds to be issued
on or after July 1, 1993 (other than to refund or to continue the refunding of
Bonds issued prior to July 1, 1993), establish a debt service fund which shall
be separate from any such fund for Bonds issued prior to July 1, 1993
(including Bonds
issued to refund or to continue the refunding of those prior Bonds). Such a
separate debt service fund shall secure only Bonds issued on or after July 1,
1993 (other than Bonds to refund or to continue the refunding of Bonds issued
prior to July 1, 1993). The debt service fund established with respect to
Bonds issued prior to July 1, 1993 (or to refund or to continue the refunding
of Bonds issued prior to July 1, 1993) shall not secure Bonds issued on or
after July 1, 1993 (other than Bonds issued to refund or to continue the
refunding of Bonds issued prior to July 1, 1993).
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-505) (from Ch. 122, par. 34A-505)
Sec. 34A-505.
Debt service reserve fund.
(a) The Authority may create
and establish a debt service reserve fund to be maintained by a corporate
trustee (which may be any trust company or bank having the power of a trust
company within the State) separate and segregated from all other funds and
accounts of the Authority. The Authority may pay into such debt service
reserve fund:
(i) any proceeds from the sale of Bonds to the extent | ||
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(ii) any other moneys which may be available to the | ||
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(b) The amount to be accumulated in the debt service reserve fund shall
be determined by the Authority but shall not exceed the maximum amount of
interest, principal and sinking fund installments due in any succeeding
calendar year.
(c) All moneys on deposit in such debt service reserve fund shall be held
in trust for the benefit of holders of the Bonds, shall be applied solely
for the payment of principal of and sinking fund installments and interest
on the Bonds to the extent not paid from the debt service fund and shall
not be used for any other purpose.
(d) Any moneys in the debt service reserve fund in excess of the amount
determined by the Authority pursuant to a resolution authorizing the issuance
of Bonds may be withdrawn by the Authority and used for
any of its lawful purposes.
(e) In computing the amount of the debt service reserve fund, investments
shall be valued as the Authority shall provide in the resolution authorizing
the issuance of the Bonds.
(f) The Authority may by its resolution authorizing Bonds to be issued on
or after July 1, 1993 (other than to refund or to continue the refunding of
Bonds issued prior to July 1, 1993) create and establish such a debt service
reserve fund, which shall be separate
from any such fund for Bonds issued prior to July 1, 1993 (including Bonds
issued to refund or to continue the refunding of those prior Bonds). Such a
separate debt service reserve fund shall secure only Bonds issued on or after
July 1,
1993 (other than to refund or to continue the refunding of Bonds issued
prior to July 1, 1993). The debt service reserve fund established with respect
to
Bonds issued prior to July 1, 1993 (or to refund or to continue the refunding
of Bonds issued prior to July 1, 1993) shall not secure Bonds issued on or
after July 1, 1993 (other than Bonds issued to refund or to continue the
refunding of Bonds issued prior to July 1, 1993).
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-506) (from Ch. 122, par. 34A-506)
Sec. 34A-506.
Bond Anticipation Notes.
(a) After the issuance of Bonds
shall have been authorized, the Authority shall have power to issue from
time to time, pursuant to a resolution or resolutions of the Authority,
its negotiable Bond Anticipation Notes in anticipation of the issuance of Bonds.
(b) Bond Anticipation Notes shall mature not later than 2 years after
the date of issuance, may be made redeemable prior to their maturity and
may be sold in such manner, in such denominations, at such price or prices,
and shall bear interest at such rate or rates not to exceed the maximum
annual rate in accordance
with the provisions of paragraph (b)of Section 34A-502 hereof, as a resolution
authorizing the issuance of the Bond Anticipation Notes may provide.
(c) The Bond Anticipation Notes may be made payable as to both principal
and interest from the proceeds of Bonds. The Authority may provide for
payment of interest on the Bond Anticipation Notes from direct annual taxes
upon all the taxable property located within the school district which are
hereby authorized to be levied annually for such purpose without limit as
to rate or amount sufficient to pay such interest as it falls due, in the
manner, subject to the security interest and lien and with the effect provided
in Section 34A-503 hereof.
(d) The Authority is authorized to issue renewal notes in the event it
is unable to issue Bonds to pay outstanding Bond Anticipation Notes on terms
the Authority deems reasonable.
(e) A debt service fund shall be established in the manner provided in
Section 34A-504 by the Authority for such Bond Anticipation Notes and the
proceeds of any tax levy made pursuant to this Section shall be deposited
therein upon receipt.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-507) (from Ch. 122, par. 34A-507)
Sec. 34A-507.
Resolution vesting powers in trustee.
The resolution
authorizing issuance of the Bonds shall vest in a trustee such rights,
powers and duties in trust as the Authority may determine and may contain
such provisions for protecting and enforcing the rights and remedies of the
holders of the Bonds and limiting such rights and remedies, as may be
reasonable and proper and not in violation of law, including covenants
setting forth the duties of the Authority in relation to the exercise of
its corporate powers and the custody, safeguarding and application of all
moneys. Such resolution shall provide for the manner in which moneys in
the various funds and accounts of the Authority may be invested in
Investment Obligations and the disposition of the earnings on such
investments.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-508) (from Ch. 122, par. 34A-508)
Sec. 34A-508.
Property of Authority exempt from taxation.
The property
of the Authority shall be exempt from taxation.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-509) (from Ch. 122, par. 34A-509)
Sec. 34A-509.
Discharge of Bonds.
(a) If the Authority shall pay or cause
to be paid to the holders of all Bonds and coupons, if any, then outstanding,
the principal of, redemption price, if any, and interest to become due thereon,
at the times and in the manner stipulated therein and in the resolution
authorizing the issuance of Bonds, then the covenants, agreements and other
obligations of the Authority to
the Bondholders shall be discharged and satisfied.
(b) Bonds or coupons or interest installments for the payment or redemption
of which moneys shall have been set aside and shall be held in trust by
the trustee provided for in Section 34A-507 hereof or any paying agent for
the Bonds (through deposit by the Authority of funds
for such payment or redemption or otherwise) at the maturity or redemption
date thereof shall be deemed to have been paid within the meaning and, with
the effect expressed in paragraph (a) above. All outstanding Bonds of any
series and all coupons, if any, appertaining to such Bonds shall, prior to the maturity
or redemption date thereof, be deemed to have been paid within the meaning
and with the effect expressed in such paragraph (a) above if (i) there shall
have been deposited with such trustee or paying agent either moneys in an
amount which shall
be sufficient, or direct obligations of the United States of America the
principal of and the interest on which, when due, will provide moneys which,
together with the moneys, if any, deposited with such trustee or paying
agent at the same time, shall be sufficient to pay, when due, the principal
of, sinking fund installment or redemption price, if applicable, and interest
due and to become due on
said Bonds on and prior to the redemption date, sinking fund installment
date, or maturity date thereof, as the case may be, and (ii) the Authority
shall have given such trustee or paying agent in form satisfactory to it
irrevocable instructions to publish a notice to the effect and in accordance
with the procedures provided in the resolution authorizing the issuance
of the Bonds. Neither direct obligations of the United States of America
nor moneys deposited with such trustee or paying agent nor principal or
interest payments on any such securities shall be withdrawn or used for any purpose
other than, and shall be held in trust for, the payment of the principal
or redemption price, if applicable, and interest on said Bonds.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-510) (from Ch. 122, par. 34A-510)
Sec. 34A-510.
Pledge of the State.
The State of Illinois pledges to and
agrees with the holders of Bonds that the State will not limit or alter
the rights and powers vested in the Authority by this Act with respect to
Sections 34A-501 through 34A-512 hereof so as to impair the terms of any
contract made by the Authority with such holders or in
any way impair the rights and remedies of such holders until the Bonds,
together with interest thereon, with interest on any
unpaid installments of interest, and all costs and expenses in connection
with any action or proceedings by or on behalf of such holders, are fully
met and discharged
or provisions made for their payment. The Authority is authorized to include
such pledge and agreement of the State in any resolution or contract with
the holders of Bonds.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-511) (from Ch. 122, par. 34A-511)
Sec. 34A-511.
Statutory lien.
Any pledge, assignment, lien or security
interest for the benefit of the holders of Bonds or Bond Anticipation Notes,
if any, created pursuant to this Act shall be valid and binding from the
time the Bonds are issued, without any physical delivery or further act,
and shall be valid and binding as against, and prior to any claims of, all
other parties having claims of
any kind in tort, contract or otherwise against the State, the Authority,
the Board or the City, or any other person, irrespective of whether such
other parties have notice thereof.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-512) (from Ch. 122, par. 34A-512)
Sec. 34A-512.
Complete authority.
This Act, without reference to any other
statute, shall be deemed full and complete authority for the issuance
of the Bonds and the Bond Anticipation Notes as hereinabove provided.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-601) (from Ch. 122, par. 34A-601)
Sec. 34A-601.
Hearings.
To the extent feasible, the Authority shall
provide for and encourage participation by the public in the development
and review of financial and educational policy. The Authority
shall hold public hearings as it may deem appropriate to the performance of
any of its functions. The Authority may designate one or more of its
Directors or may appoint one or more hearing officers to preside over any
hearing. The Authority shall hold public hearings as it may deem
appropriate to the performance of any of its functions. The Authority
shall have the power in connection with any such hearing to issue subpoenas
to require attendance of witnesses and the production of documents, and may
apply to any circuit court in the State to require compliance with such
subpoenas. Upon the request of the Authority, the Board shall provide the
facilities for and pay the expense of any hearing conducted by the Authority.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-602) (from Ch. 122, par. 34A-602)
Sec. 34A-602.
Limitations of actions after abolition; indemnification.
(a) Abolition of the Authority pursuant to Section 34A-605 shall bar any
remedy available against the Authority, its Directors, employees, or agents,
for any right or claim existing, or any liability incurred, prior to such
abolition unless the action or other proceeding thereon is commenced prior
to the expiration of 2 years after the date of such abolition.
(b) The Authority may indemnify any Director, officer, employee, or
agent who was or is a party, or is threatened to be made a party to any
threatened, pending or completed action, suit or proceeding, whether civil,
criminal, administrative or investigative by reason of the fact that he
was a Director, officer, employee or agent of the Authority, against expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred by him in connection with such action,
suit or proceeding, if he acted in good faith and in a manner he reasonably
believed to be in, or not opposed to the best interests of the Authority
and, with respect to any criminal action or proceeding, had no reasonable
cause to believe his conduct was unlawful. The termination of any action,
suit or proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent, shall not, of itself, create
a presumption that the person did not act in good faith in a manner which
he reasonably believed to be in or not opposed to the best interest of the
Authority, and, with respect to any criminal action or proceeding, had reasonable
cause to believe that his conduct was unlawful.
To the extent that a Director, officer, employee or agent of the Authority
has been successful, on the merits or otherwise, in the defense of any such
action, suit or proceeding referred to in this subsection or in defense
of any claim, issue or matter therein, he shall be indemnified against expenses
(including attorney's fees) actually and reasonably incurred by him in connection
therewith. Any such indemnification shall be made by the Authority only
as authorized in the specific case, upon a determination that indemnification
of the Director, officer, employee or agent is proper in the circumstances
because he has met the applicable standard of conduct. Such determination
shall be made: (1) by the Board of Directors by a majority vote of a quorum
consisting of Directors who are not parties to such action, suit or proceeding,
or (2) if such a quorum is not obtainable, or, even if obtainable, a quorum
of disinterested Directors so directs, by independent legal counsel in a
written opinion.
Reasonable expenses incurred in defending an action, suit or proceeding
shall be paid by the Authority in advance of the final disposition of such
action, suit or proceeding, as authorized by the Board of Directors in the
specific case, upon
receipt of an undertaking by or on behalf of the Director, officer, employee
or agent to repay such amount, unless it shall ultimately be determined
that he is entitled to be indemnified by the Authority as authorized in this Section.
Any Director, officer, employee or agent against whom any action, suit
or proceeding is brought may employ his or her own attorney to appear on
his or her behalf.
The right to indemnification accorded by this Section shall not limit any
other right to indemnification to which the Director, officer, employee
or agent may be entitled. Any rights hereunder shall inure to the benefit
of the heirs, executors and administrators of any Director, officer, employee
or agent of the Authority.
The Authority may purchase and maintain insurance on behalf of any person
who is or was a Director, officer, employee or agent of the Authority against
any liability asserted against him and incurred by him in any such capacity,
or arising out of his status as such, whether or not the Authority would
have the power to indemnify him against such liability under the provisions
of this Section.
(Source: P.A. 82-97.)
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(105 ILCS 5/34A-603) (from Ch. 122, par. 34A-603)
Sec. 34A-603.
State, City or Board not liable on Obligations.
Obligations issued under the provisions of this Article shall not be deemed
to constitute a debt or liability of the State, the City or the Board or
of any political subdivision thereof other than the Authority or a pledge
of the full faith and credit of the State, the City or the Board or of any
such political subdivision other than the Authority, but shall be payable
solely from the funds and revenues herein provided therefor. The issuance
of Obligations under
the provisions of this Article shall not directly or indirectly or contingently
obligate the State, the City or the Board or any political subdivision thereof
other than the Authority
to levy any form of taxation therefor or to make any appropriation for their
payment. Nothing in this Section contained shall prevent or be construed
to prevent the Authority from pledging its full faith and credit to the
payment of obligations authorized pursuant to this Article. Nothing in
this Article shall be construed to authorize the Authority to create a debt
of the State, the City or the Board within the meaning of the Constitution
or Statutes of Illinois and all Obligations issued by the Authority pursuant
to the provisions of this Article are payable and shall state that
they are payable solely from the funds and revenues pledged for their payment
in accordance with the resolution authorizing their issuance or in any trust indenture
or mortgage or deed of trust executed as security therefor. The State,
the City or the Board shall not in any event be liable for the payment of
the principal of or interest on any Obligations of the Authority or for
the performance of any pledge, mortgage, obligation or agreement of any
kind whatsoever which may be undertaken by the Authority. No breach of
any such pledge, mortgage, obligation or agreement may impose any liability
upon the State, the City or the Board or any charge upon their general credit
or against their taxing power.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-604) (from Ch. 122, par. 34A-604)
Sec. 34A-604. Abolition of Authority. The Authority shall be abolished one year after all its Obligations have
been fully paid and discharged or otherwise provided for. Upon the abolition
of the Authority, all of its rights and property shall pass to and be vested
in the Board.
(Source: P.A. 96-705, eff. 1-1-10.)
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(105 ILCS 5/34A-605) (from Ch. 122, par. 34A-605)
Sec. 34A-605.
Obligations as legal investments.
The Obligations are hereby made securities in which all public officers
and bodies of this State and all political subdivisions of the State and
other persons carrying on an insurance business, all banks, bankers, trust
companies, saving banks and savings associations, including savings and
loan associations, building and loan associations, investment companies
and other persons carrying on a banking business, all credit unions, pension
funds, administrators, and guardians who are now or may hereafter be authorized
to invest in bonds or in other obligations of the State, may properly and
legally invest funds, including capital, in their control or belonging to
them. The Obligations are also
hereby made securities which may be deposited with and may be received by
all public officers and bodies of the State and all political subdivisions
of the State and public corporations for any purpose for which the deposit
of bonds or other obligations of the State is now or may hereafter be authorized.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606)
Sec. 34A-606. Reports.
(a) The Directors, upon taking office and annually thereafter, shall
prepare and submit to the Governor, Mayor, General Assembly, and City Council
a report which shall include the audited financial statement for the preceding
Fiscal Year of the Board, an approved Financial Plan or a statement of reasons
for the failure to adopt such a Financial Plan, a statement of the major
steps necessary to accomplish the objectives of the Financial Plan, and
a request for any legislation necessary to achieve the objectives of the
Financial Plan.
(b) Annual reports shall be submitted on or before May 1 of each year.
(c) The requirement for reporting to the General Assembly shall be
satisfied by filing copies of the report with the Board, the Governor,
the Mayor and as required
by Section 3.1 of the General Assembly Organization Act, and filing such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(d) Each annual report required to be submitted through May 1, 1995,
shall also include: (i) a description of the activities of the Authority;
(ii) an analysis of the educational performance of the Board for
the preceding school year; (iii) an Approved System-Wide Educational Reform
Goals and Objectives Plan or a statement of reasons for the failure to
adopt such an Approved System-Wide Educational Reform Goals and Objectives
Plan; (iv) a statement of the major steps necessary to accomplish the goals
of the Approved System-Wide Educational Reform Goals and Objectives Plan;
(v) a commentary with respect to those Board policies and rules and those
provisions of The School Code and collective bargaining agreements between
the Board and its employees which, in the opinion of the Authority, are
obstacles and a hindrance to fulfillment of any Approved System-Wide
Educational Reform Goals and Objectives Plan; and (vi) a request for any
legislative action necessary to achieve the goals of the Approved
System-Wide Educational Reform Goals and Objectives Plan.
(Source: P.A. 100-1148, eff. 12-10-18.)
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(105 ILCS 5/34A-607) (from Ch. 122, par. 34A-607)
Sec. 34A-607.
Audit of Authority.
The Authority shall be subject to audit
in the manner now or hereafter provided for the audit of State funds and
accounts. A copy of the audit report shall be submitted to the Auditor
General, the Governor, the Speaker and Minority Leader of the House of Representatives
and the President and Minority Leader of the Senate.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-608) (from Ch. 122, par. 34A-608)
Sec. 34A-608.
Sanctions.
(a) No member, officer, employee, or agent of the Board shall commit the
Board to any contract or other obligation or incur any liability on behalf
of the Board for any purpose if the amount of such contract, obligation
or liability is in excess of the amount authorized for that purpose then
available under the Financial Plan and Budget then in effect.
(b) No member, officer, employee, or agent of the Board shall commit the
Board to any contract or other obligation on behalf of the Board for the
payment of money for any purpose required to be approved by the Authority
unless such contract or other obligation has been approved by the Authority.
(c) No member, officer, employee, or agent of the Board shall take any
action in violation of any valid order of the Authority or shall fail or
refuse to take any action required by any such order or shall prepare, present,
or certify any information (including any projections or estimates) or report
for the Authority or any of its agents that is false or misleading, or,
upon learning that any such information is false or misleading, shall fail
promptly to advise the Authority or its agents.
(d) In addition to any penalty or liability under any other law, any member,
officer, employee, or agent of the Board who shall violate subsections (a),
(b), or (c) of this Section shall be subject to appropriate administrative
discipline, including, if warranted, suspension from duty without pay,
removal from office, or termination of employment.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/Art. 34B heading)
ARTICLE 34B
BRIDGE NOTE STATUTE
(Repealed)(Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/Art. 35 heading)
ARTICLE 35.
BUILDINGS--SCHOOL BUILDING COMMISSION
(Repealed)(Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/Art. 36 heading) ARTICLE 36.
REPEAL - SAVING
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(105 ILCS 5/36-1) (from Ch. 122, par. 36-1)
Sec. 36-1.
Repeal - Saving Clause.
The following acts are repealed:
"An Act providing for a system of free schools and for transportation
of all school children, and further providing for the establishment of
junior colleges with or without tuition charges," approved May 1, 1945,
as amended;
"An Act authorizing school districts to levy a tax to pay rental for
use and occupancy of school buildings owned by the State of Illinois,"
approved July 6, 1957;
"An Act to provide for the acquisition, construction, rental and
disposition of buildings used for school purposes," approved June 21,
1957;
"An Act to provide scholarships in institutions of higher learning
for qualified residents of the State, to create the State Scholarship
Commission and define its powers and duties, to provide for the
administration of a State scholarship program, and to make
appropriations for such purposes," approved June 21, 1957;
"An Act in relation to driver education courses in the public schools
and to make appropriations in connection therewith," approved July 9,
1957.
Such repeal shall not affect or impair any of the following: suits
pending or rights existing at the time this act takes effect; any grant
or conveyance made or right acquired or cause of action now existing
under any such act; the validity of any bonds or other obligations
issued or sold and constituting valid obligations of the issuing
authority at the time this act takes effect; the validity of any
contract; the validity of any tax levied under any law in effect prior
to the effective date of this Act; any offense committed, act done,
penalty, punishment or forfeiture incurred, or any claim, right, power
or remedy accrued under any law in effect prior to the effective date of
this Act; nor shall the repeal herein of any curative or validating act
affect the corporate existence or powers of any school district lawfully
validated thereby.
(Source: Laws 1961, p. 31.)
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