|
drug benefits for school districts under Section 15 of this |
Act. The contract or other arrangement for the provision of the |
prescription drug benefits shall be on terms deemed by the |
Director to be in the best interest of the State of Illinois |
and school districts based on criteria set by the Department, |
which must include without limitation administrative cost, |
service capabilities of the carrier or other contractors, and |
premiums, fees, or charges as related to the costs of the |
benefits.
|
(b) The term of a contract under this Section may not |
extend beyond 5 fiscal years. The Director may exercise renewal |
options of the same contract for up to a period of 5 years. Any |
increases in premiums, fees, or charges requested by a |
contractor whose contract may be renewed pursuant to a renewal |
option contained in the contract must be justified on the basis |
of (1) audited experience data, (2) increases in the costs of |
prescription drug coverage provided under the contract, (3) |
contractor performance, (4) increases in contractor |
responsibilities, or (5) any combination of these bases.
|
(c) A contractor shall agree to abide by all requirements |
and rules of the prescription drug benefit program, to submit |
such information and data as may from time to time be deemed |
necessary by the Director for effective administration of the |
program, and to fully cooperate in any audit.
|
Section 20. Prescription drug benefits; program.
|
(a) Beginning July 1, 2005, the Department shall be |
responsible for administering the prescription drug benefit |
program established under this Act for employees, annuitants, |
and dependents on a non-insured basis. |
(b) For each program year, the Department shall set a date |
by which school districts must notify the Department of their |
election to participate in the prescription drug benefit |
program. The Department shall provide notification of the |
election date to school districts at least 45 days prior to the |
election date. |
|
(c) Any school district may apply to the Director to have |
employees, annuitants, and dependents be provided a |
prescription drug benefit program under this Act. To |
participate, a school district must agree to enroll all of its |
employees. A participating school district is not required to |
enroll a full-time employee who has waived coverage under the |
district's health plan. |
(d) The Director shall determine the insurance rates and |
premiums for those employees, annuitants, and dependents |
participating in the prescription drug benefit program. Rates |
and premiums may be based in part on age and eligibility for |
federal Medicare coverage. |
A school district must remit the entire cost of providing |
prescription drug coverage under this Section. |
(e) All revenues arising from the administration of the |
prescription drug benefit program shall be deposited into |
general revenue funds. |
(f) The prescription drug benefit program shall be |
maintained on an ongoing, affordable basis, and the cost to |
school districts shall not exceed the State's actual program |
costs. The prescription drug benefit program may be changed by |
the State and is not intended to be a pension or retirement |
benefit subject to protection under Section 5 of Article XIII |
of the Illinois Constitution.
|
Section 25. Pharmacy providers. |
(a) The Department or its contractor may enter into a |
contract with a pharmacy registered or licensed under Section |
16a of the Pharmacy Practice Act of 1987. |
(b) Before entering into an agreement with other pharmacy |
providers, pursuant to Sections 15 and 20 of this Act, the |
Department or its contractor must by rule or contract establish |
terms or conditions that must be met by pharmacy providers |
desiring to contract with the Department or its contractor. If |
a pharmacy licensed under Section 15 of the Pharmacy Practice |
Act of 1987 rejects the terms and conditions established, the |
|
Department or its contractor may offer other terms and |
conditions necessary to comply with the network adequacy |
requirements. |
(c) Notwithstanding the provisions of subsection (a) of |
this Section, the Department or its contractor may not refuse |
to contract with a pharmacy licensed under Section 15 of the |
Pharmacy Practice Act of 1987 that meets the terms and |
conditions established by the Department or its contractor |
under subsection (a) or (b) of this Section.
|
Section 85. The State Finance Act is amended by changing |
Section 13.5 as follows:
|
(30 ILCS 105/13.5)
|
Sec. 13.5. Appropriations for higher education.
|
(a) State appropriations to
the State Board of Education,
|
the Board of Trustees of Southern Illinois
University, the |
Board of Trustees of the University of Illinois, the Board of
|
Trustees of Chicago State University, the Board of Trustees of |
Eastern Illinois
University, the Board of Trustees of Illinois |
State University, the Board of
Trustees of Governors 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 for operations shall
identify the amounts |
appropriated for personal services, State contributions to
|
social security for Medicare, contractual services, travel, |
commodities,
equipment, operation of automotive equipment, |
telecommunications, awards and
grants, and permanent |
improvements.
|
(b) Within 120 days after the conclusion of each fiscal |
year, each
State-supported institution of higher learning must |
provide, through the
Illinois Board of Higher Education, a |
financial report to the Governor and
General Assembly |
documenting the institution's revenues and expenditures of
|
funds for that fiscal year ending June 30 for all funds.
|
|
(Source: P.A. 93-229, eff. 7-22-03.)
|
Section 90. The School Code is amended by changing Sections |
1A-1, 1A-2.1, 1A-4, 2-3.6, 10-19, 10-20.21, 21-1b, 21-1c, |
21-12, and 34-18 and by adding Sections 1A-10, 2-3.47a, |
2-3.62a, and 3-14.30 and Article 28A as follows:
|
(105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
|
Sec. 1A-1. Members and terms.
|
(a) (Blank).
The term of each member of the State Board of |
Education who is in
office on the effective date of this |
amendatory Act of 1996 shall terminate
on January 1, 1997
or |
when all of the new members initially to be
appointed under |
this amendatory Act of 1996 are appointed by the Governor as
|
provided in subsection (b), whichever last occurs.
|
(b) The
Beginning
on January 1, 1997 or when all of the new |
members initially to be appointed
under this subsection are |
appointed by the Governor, whichever last occurs,
and |
thereafter, the State Board of
Education shall consist of 8
9
|
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; |
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; 2
appointees shall be
|
selected from among the 5 counties of the State that are |
contiguous to Cook
County; and 3 members
shall be selected as |
members-at-large (one of which shall be the chairperson). 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.
At no time
may more than 5
members of the Board be from |
one political party. Party membership is
defined as having |
voted in the primary of the party in the last primary
before |
appointment. The 9 members initially appointed pursuant to
this
|
amendatory Act of 1996 shall draw lots to determine
3 of their |
number who shall serve until the second Wednesday of January,
|
2003, 3 of their number who shall serve until the second |
Wednesday of January,
2001, and 3 of their number who shall |
serve until the second Wednesday of
January, 1999. |
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
1996, their |
respective successors shall be
appointed for terms of 4
6
|
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. 89-610, eff. 8-6-96.)
|
(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
a member dies. ;
|
2. A
a member files a written resignation with the |
Governor. ;
|
3. A
a member is adjudicated to be a person under legal |
disability under
the Probate Act of 1975, as amended, or
a |
person subject to involuntary admission
under the Mental Health |
and Developmental Disabilities Code. ;
|
4. A
a member ceases to be a resident of the region
|
judicial district from
which he or she was appointed. ;
|
5. A
a member is convicted of an infamous crime, or of any |
offense
involving a violation of his or her duties under this |
Code.
Act;
|
6. A
a member fails to maintain the qualifications stated |
in Section
1A-2 of this Code
Act.
|
(Source: P.A. 83-706.)
|
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
|
Sec. 1A-4. Powers and duties of the Board.
|
A. (Blank).
Upon the appointment of new Board members as |
provided in subsection (b)
of
Section 1A-1 and every 2 years |
thereafter, the chairperson of the Board shall
be selected by |
the
Governor, with the advice and consent of the Senate, from |
the membership of the
Board to serve as chairperson for 2 |
years.
|
|
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
No performance-based
contract |
issued for the employment of a
the 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
|
shall be for a term longer than 3 years and 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
|
prior to its scheduled expiration unless the performance
and |
improvement goals contained in the contract have been met. 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 Certification, 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.
|
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.
|
The Board shall prepare and submit to the General Assembly |
and the
Governor on or before January 14, 1976 and annually |
thereafter a report
or reports of its findings and |
recommendations. Such annual report shall
contain a separate |
|
section which provides a critique and analysis of the
status of |
education in Illinois and which identifies its specific |
problems
and recommends express solutions therefor.
Such |
annual report also shall contain the following information for |
the
preceding year ending on June 30: each act or omission of a |
school district
of which the State Board of Education has |
knowledge as a consequence of
scheduled, approved visits and |
which constituted a
failure by the district to comply with |
applicable State or federal laws or
regulations relating to |
public education, the name of such district, the date
or dates |
on which the State Board of Education notified the school |
district of
such act or omission, and what action, if any, the |
school district took with
respect thereto after being notified |
thereof by the State Board of Education.
The report shall also |
include the statewide high school dropout rate by
grade level, |
sex and race and the annual student dropout rate of and the
|
number of students who graduate from, transfer from or |
otherwise leave
bilingual programs. The Auditor General shall |
annually perform a
compliance audit of the State Board of |
Education's performance of the
reporting duty imposed by this |
amendatory Act of 1986. A regular system of
communication with |
other directly related State agencies shall be
implemented.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Council, 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.
|
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. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; |
89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
|
(105 ILCS 5/1A-10 new)
|
Sec. 1A-10. Divisions of Board. The State Board of |
Education shall, before April 1, 2005, create divisions within |
the Board, including without limitation the following: |
(1) Teaching and Learning Services for All Children. |
(2) School Support Services for All Schools.
|
(3) Fiscal Support Services. |
(4) Special Education Services. |
(5) Internal Auditor. |
(6) Human Resources.
|
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.
|
(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: Laws 1961, p. 31.)
|
(105 ILCS 5/2-3.47a new) |
Sec. 2-3.47a. Strategic plan. |
(a) The State Board of Education shall develop and maintain |
a continuing 5-year comprehensive strategic plan for |
|
elementary and secondary education. The strategic plan shall |
include without limitation all of the following topic areas: |
(1) Service and support to school districts to improve |
student performance. |
(2) Equity, adequacy, and predictability of |
educational opportunities and resources for all schools. |
(3) Program development and improvements, including |
financial planning and support services. |
(4) Efficient means of delivering services to schools |
on a regional basis. |
(5) Assistance to students at risk of academic failure |
and the use of proven support programs and services to |
close the achievement gap. |
(6) Educational research and development and access |
and training in the use of a centralized student |
achievement data system. |
(7) Recommendations for streamlining the School Code |
to eliminate laws that interfere with local control, taking |
into account those foundational standards that have |
already been established. |
(8) Streamlining certification of teachers and |
administrators to provide quality personnel and ongoing |
professional development. |
(9) Support services to enhance the capacity of school |
districts to meet federal and State statutory standards. |
(10) Enhanced technology for use in administration, |
classroom, and nontraditional educational settings. |
(11) Recognition of successful, exemplary schools. |
(12) The unique needs of rural school districts. |
(13) School reorganization issues. |
(14) Attraction and retention of qualified teachers. |
(15) Additional duties that should be assigned to |
regional offices of education and regional administrative |
service centers to support local control of school |
districts and eliminate any duplication and inefficiency.
|
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.
|
(105 ILCS 5/2-3.62a new)
|
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 |
and support services statewide, including assistance in |
complying with State and federal law. |
(2) Issue annual report cards, in conjunction with |
school report cards under Section 10-17a of this Code and |
in cooperation with school districts, for regional offices |
of education, grading without limitation all of the |
following: |
(A) The efficiency and effectiveness of school |
districts served resulting from technical assistance |
and program support. |
(B) The regional delivery of quality services. |
(C) School district satisfaction. |
(D) Delivery of support services that enhance |
student performance. |
(3) Direct services provided to assist schools |
designated as not meeting Illinois learning and federal |
student performance standards. |
(4) Support programs and services to close the |
|
achievement gap. |
(5) Assist school districts in pooling administrative |
or other services and facilitate cooperation among school |
districts that may be able to achieve economies of scale |
through shared services. The State Board of Education may |
exercise this power in cooperation with regional |
superintendents of schools. The State Board shall not have |
the power to require a school district to enter into a |
shared service agreement.
|
(105 ILCS 5/3-14.30 new) |
Sec. 3-14.30. Grant applications. To assist and support |
school districts with the preparation and submission of grant |
applications.
|
(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
|
18-8.05, 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'
|
institute 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.
|
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
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. 91-96, eff. 7-9-99.)
|
(105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
|
Sec. 10-20.21. Contracts.
|
(a)
To award all contracts for
purchase of supplies, |
|
materials or work or contracts with private carriers
for |
transportation of pupils involving an expenditure in excess of |
$10,000
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 possessing a high |
degree of professional skill where the
ability or fitness of |
the individual plays an important part; (ii)
contracts for the |
printing of finance committee reports and departmental
|
reports; (iii) contracts for the printing or engraving of |
bonds, tax
warrants and other evidences of indebtedness; (iv) |
contracts for the
purchase of perishable foods and perishable |
beverages; (v) contracts for
materials and work which have been |
awarded to the lowest responsible bidder
after due |
advertisement, but due to unforeseen revisions, not the fault |
of
the contractor for materials and work, must be revised |
causing expenditures
not in excess of 10% of the contract |
price; (vi)
contracts for the maintenance or servicing of, or |
provision of
repair parts for, equipment which are made with |
the manufacturer or
authorized service agent of that equipment |
where the provision of parts,
maintenance, or servicing can |
best be performed by the manufacturer or
authorized service |
agent; (vii) purchases and contracts for the use,
purchase, |
delivery, movement, or installation of data processing |
equipment,
software, or services and telecommunications and |
interconnect
equipment, software, and services; (viii) |
contracts for duplicating
machines and supplies; (ix) |
contracts for the purchase of natural gas when
the cost is less |
than that offered by a public utility; (x) purchases of
|
equipment previously owned by some entity other than the |
district
itself; (xi) contracts for repair, maintenance, |
remodeling, renovation, or
construction, or a single project |
involving an expenditure not to exceed
$20,000 and not |
involving a change or increase in the size, type, or extent
of |
an existing facility; (xii) contracts for goods or services |
procured
from another governmental agency; (xiii) contracts |
|
for goods or services
which are economically procurable from |
only one source, such as for the
purchase of magazines, books, |
periodicals, pamphlets and reports, and for
utility services |
such as water, light, heat, telephone or telegraph; and
(xiv) |
where funds are expended in an emergency and such emergency
|
expenditure is approved by 3/4 of the members of the board; and |
(xv) State master contracts authorized under Article 28A of |
this Code. |
All competitive
bids for contracts involving an |
expenditure in excess of $10,000 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.
|
(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.
|
(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. 93-25, eff. 6-20-03.)
|
(105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
|
Sec. 21-1b. Subject endorsement on certificates. All |
certificates
initially issued under this Article after June 30, |
1986, shall be
specifically endorsed by the State Board of |
Education for each subject the
holder of the certificate is |
legally qualified to teach, such endorsements
to be made in |
accordance with standards promulgated by the State Board of
|
Education in consultation with the State Teacher Certification |
|
Board. The regional superintendent of schools, however, has the |
duty, after appropriate training, to accept and review all |
transcripts for new initial certificate applications and |
ensure that each applicant has met all of the criteria |
established by the State Board of Education in consultation |
with the State Teacher Certification Board. All
certificates |
which are issued under this Article prior to July 1, 1986 may,
|
by application to the State Board of Education, be specifically |
endorsed
for each subject the holder is legally qualified to |
teach. Endorsements
issued under this Section shall not apply |
to substitute teacher's
certificates issued under Section 21-9 |
of this Code.
|
Commencing July 1, 1999, each application for endorsement |
of an existing
teaching certificate shall be accompanied by a |
$30 nonrefundable fee. There is hereby created a Teacher |
Certificate
Fee
Revolving Fund as a special fund within the |
State Treasury. The proceeds of
each $30 fee shall be paid into |
the Teacher
Certificate Fee Revolving
Fund; and the moneys in |
that Fund shall be appropriated and used to provide the
|
technology and other resources necessary for the timely and |
efficient
processing of certification requests.
|
(Source: P.A. 91-102, eff. 7-12-99.)
|
(105 ILCS 5/21-1c) (from Ch. 122, par. 21-1c)
|
Sec. 21-1c. Exclusive certificate authority. Only the |
State Board of
Education and State Teacher Certification Board, |
acting in accordance with
the applicable provisions of this Act |
and the rules, regulations and
standards promulgated |
thereunder, shall have the authority to issue or
endorse any |
certificate required for teaching, supervising or holding
|
certificated 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 |
certificate, or (ii) to establish or prescribe any
licensure or |
equivalent requirement which must be satisfied in order to
|
|
teach, supervise or hold certificated employment in the public |
schools.
The regional superintendent of schools, however, has |
the duty, after appropriate training, to accept and review all |
transcripts for new initial certificate applications and |
ensure that each applicant has met all of the criteria |
established by the State Board of Education in consultation |
with the State Teacher Certification Board.
This Section does |
not prohibit the State Board of Education, in consultation
with |
the State Teacher Certification Board, from delegating
to |
regional superintendents of schools the authority to grant |
temporary
employment
authorizations to teacher applicants |
whose qualifications have been confirmed
by
the State Board of |
Education, in consultation with the State Teacher
|
Certification Board.
|
(Source: P.A. 91-102, eff. 7-12-99.)
|
(105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
|
Sec. 21-12. Printing; Seal; Signature; Credentials.
All |
certificates shall be printed by and bear the signatures of the |
chairman
and of the secretary of the State Teacher |
Certification Board. Each
certificate shall show the |
integrally printed seal of the State Teacher
Certification |
Board. All college credentials offered as the basis
of a |
certificate shall be presented to the secretary of the State
|
Teacher Certification Board for inspection and approval. The |
regional superintendent of schools, however, has the duty, |
after appropriate training, to accept and review all |
transcripts for new initial certificate applications and |
ensure that each applicant has met all of the criteria |
established by the State Board of Education in consultation |
with the State Teacher Certification Board.
|
Commencing July 1, 1999, each application for a certificate |
or evaluation
of credentials shall be accompanied by an |
evaluation fee of $30 payable to the
State Superintendent of |
Education, which is not
refundable, except that no application |
or evaluation fee shall be required
for a Master Certificate |
|
issued pursuant to subsection (d) of Section 21-2 of
this Code. |
The proceeds of each $30 fee shall be paid into the Teacher
|
Certificate Fee Revolving Fund, created under Section 21-1b of |
this Code;
and the moneys in that Fund shall be appropriated |
and used to provide the
technology and other resources |
necessary for the timely and efficient
processing of |
certification requests.
|
When evaluation verifies the requirements for a valid |
certificate,
the applicant shall be issued an entitlement card |
that may be presented
to a regional superintendent of schools |
for issuance of a certificate.
|
The applicant shall be notified of any deficiencies.
|
(Source: P.A. 91-102, eff. 7-12-99; 91-357, eff. 7-29-99.)
|
(105 ILCS 5/Art. 28A heading new)
|
ARTICLE 28A. Education Purchasing Program.
|
(105 ILCS 5/28A-5 new)
|
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.
|
(105 ILCS 5/28A-10 new)
|
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.
|
(105 ILCS 5/28A-15 new)
|
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 accordance |
with the State's purchasing laws. |
(2) To designate a contract as a statewide education |
master contract for purposes of subsection (c) of Section |
10-20.21 of this Code. |
(3) To certify an education purchasing contract, |
provided that the contract was entered into according to |
procedures and conditions that conform to applicable State |
purchasing laws, for purposes of subsection (d) of Section |
10-20.21 of this Code. |
(4) To facilitate the inter-district sale or transfer |
of excess inventory or equipment. |
(5) To select and subsidize e-procurement tools to be |
implemented within school districts.
|
(105 ILCS 5/28A-20 new)
|
Sec. 28A-20. Rules. The State Board or other State agency |
designated by the State Board may adopt rules to implement the |
program.
|
(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 and |
|
maintenance
throughout the year or for such portion thereof |
as it may direct, not
less than 9 months, of schools of all |
grades and kinds, including normal
schools, high schools, |
night schools, schools for defectives and
delinquents, |
parental and truant schools, schools for the blind, the
|
deaf and the crippled, schools or classes in manual |
training,
constructural and vocational teaching, domestic |
arts and physical
culture, vocation and extension schools |
and lecture courses, and all
other educational courses and |
facilities, including establishing,
equipping, maintaining |
and operating playgrounds and recreational
programs, when |
such programs are conducted in, adjacent to, or connected
|
with any public school under the general supervision and |
jurisdiction
of the board; provided, however, that the |
calendar for the school term and any changes must be |
submitted to and approved by the State Board of Education |
before the calendar or changes may take effect, and |
provided that in allocating funds
from year to year for the |
operation of all attendance centers within the
district, |
the board shall ensure that supplemental general State aid |
funds
are allocated and applied in accordance with Section |
18-8 or 18-8.05. To
admit to such
schools without charge |
foreign exchange students who are participants in
an |
organized exchange student program which is authorized by |
the board.
The board shall permit all students to enroll in |
apprenticeship programs
in trade schools operated by the |
board, whether those programs are
union-sponsored or not. |
No student shall be refused admission into or
be excluded |
from any course of instruction offered in the common |
schools
by reason of that student's sex. No student shall |
be denied equal
access to physical education and |
interscholastic athletic programs
supported from school |
district funds or denied participation in
comparable |
physical education and athletic programs solely by reason |
of
the student's sex. Equal access to programs supported |
from 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.
Notwithstanding any other provision of this |
Article, neither the board
of education nor any local |
school council or other school official shall
recommend |
that children with disabilities be placed into regular |
education
classrooms unless those children with |
disabilities are provided with
supplementary services to |
assist them so that they benefit from the regular
classroom |
instruction and are included on the teacher's regular |
education
class register;
|
2. To furnish lunches to pupils, to make a reasonable |
charge
therefor, and to use school funds for the payment of |
such expenses as
the board may determine are necessary in |
conducting the school lunch
program;
|
3. To co-operate with the circuit court;
|
4. To make arrangements with the public or quasi-public |
libraries
and museums for the use of their facilities by |
teachers and pupils of
the public schools;
|
5. To employ dentists and prescribe their duties for |
the purpose of
treating the pupils in the schools, but |
accepting such treatment shall
be optional with parents or |
guardians;
|
6. To grant the use of assembly halls and classrooms |
when not
otherwise needed, including light, heat, and |
attendants, for free public
lectures, concerts, and other |
educational and social interests, free of
charge, under |
such provisions and control as the principal of the
|
affected attendance center may prescribe;
|
7. To apportion the pupils to the several schools; |
provided that no pupil
shall be excluded from or segregated |
in any such school on account of his
color, race, sex, or |
nationality. The board shall take into consideration
the |
prevention of segregation and the elimination of |
separation of children
in public schools because of color, |
race, sex, or nationality. Except that
children may be |
|
committed to or attend parental and social adjustment |
schools
established and maintained either for boys or girls |
only. All records
pertaining to the creation, alteration or |
revision of attendance areas shall
be open to the public. |
Nothing herein shall limit the board's authority to
|
establish multi-area attendance centers or other student |
assignment systems
for desegregation purposes or |
otherwise, and to apportion the pupils to the
several |
schools. Furthermore, beginning in school year 1994-95, |
pursuant
to a board plan adopted by October 1, 1993, the |
board shall offer, commencing
on a phased-in basis, the |
opportunity for families within the school
district to |
apply for enrollment of their children in any attendance |
center
within the school district which does not have |
selective admission
requirements approved by the board. |
The appropriate geographical area in
which such open |
enrollment may be exercised shall be determined by the
|
board of education. Such children may be admitted to any |
such attendance
center on a space available basis after all |
children residing within such
attendance center's area |
have been accommodated. If the number of
applicants from |
outside the attendance area exceed the space available,
|
then successful applicants shall be selected by lottery. |
The board of
education's open enrollment plan must include |
provisions that allow low
income students to have access to |
transportation needed to exercise school
choice. Open |
enrollment shall be in compliance with the provisions of |
the
Consent Decree and Desegregation Plan cited in Section |
34-1.01;
|
8. To approve programs and policies for providing |
transportation
services to students. 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;
|
9. Subject to the limitations in this Article, to |
|
establish and
approve system-wide curriculum objectives |
and standards, including graduation
standards, which |
reflect the
multi-cultural diversity in the city and are |
consistent with State law,
provided that for all purposes |
of this Article courses or
proficiency in American Sign |
Language shall be deemed to constitute courses
or |
proficiency in a foreign language; and to employ principals |
and teachers,
appointed as provided in this
Article, and |
fix their compensation. The board shall prepare such |
reports
related to minimal competency testing as may be |
requested by the State
Board of Education, and in addition |
shall monitor and approve special
education and bilingual |
education programs and policies within the district to
|
assure that appropriate services are provided in |
accordance with applicable
State and federal laws to |
children requiring services and education in those
areas;
|
10. To employ non-teaching personnel or utilize |
volunteer personnel
for: (i) non-teaching duties not |
requiring instructional judgment or
evaluation of pupils, |
including library duties; and (ii) supervising study
|
halls, long distance teaching reception areas used |
incident to instructional
programs transmitted by |
electronic media such as computers, video, and audio,
|
detention and discipline areas, and school-sponsored |
extracurricular
activities. The board may further utilize |
volunteer non-certificated
personnel or employ |
non-certificated personnel to
assist in the instruction of |
pupils under the immediate supervision of a
teacher holding |
a valid certificate, directly engaged in teaching
subject |
matter or conducting activities; provided that the teacher
|
shall be continuously aware of the non-certificated |
persons' activities and
shall be able to control or modify |
them. The general superintendent shall
determine |
qualifications of such personnel and shall prescribe rules |
for
determining the duties and activities to be assigned to |
such personnel;
|
|
10.5. To 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;
|
11. To provide television studio facilities in not to |
exceed one
school building and to provide programs for |
educational purposes,
provided, however, that the board |
shall not construct, acquire, operate,
or maintain a |
television transmitter; to grant the use of its studio
|
facilities to a licensed television station located in the |
school
district; and to maintain and operate not to exceed |
one school radio
transmitting station and provide programs |
for educational purposes;
|
12. To offer, if deemed appropriate, outdoor education |
courses,
including field trips within the State of |
Illinois, or adjacent states,
and to use school educational |
funds for the expense of the said outdoor
educational |
programs, whether within the school district or not;
|
13. 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 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;
|
14. To insure against any loss or liability of the |
board,
the former School Board Nominating Commission, |
Local School Councils, the
Chicago Schools Academic |
Accountability Council, or the former Subdistrict
Councils |
|
or of any member, officer, agent or employee thereof, |
resulting
from alleged violations of civil rights arising |
from incidents occurring on
or after September 5, 1967 or |
from the wrongful or negligent act or
omission of any such |
person whether occurring within or without the school
|
premises, provided the officer, agent or employee was, at |
the time of the
alleged violation of civil rights or |
wrongful act or omission, acting
within the scope of his |
employment or under direction of the board, the
former |
School
Board Nominating Commission, the Chicago Schools |
Academic Accountability
Council, Local School Councils, or |
the former Subdistrict Councils;
and to provide for or |
participate in insurance plans for its officers and
|
employees, including but not limited to retirement |
annuities, medical,
surgical and hospitalization benefits |
in such types and amounts as may be
determined by the |
board; provided, however, that the board shall contract
for |
such insurance only with an insurance company authorized to |
do business
in this State. Such insurance may include |
provision for employees who rely
on treatment by prayer or |
spiritual means alone for healing, in accordance
with the |
tenets and practice of a recognized religious |
denomination;
|
15. 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, approved September 29, 1969, as amended;
|
16. (a) To provide, on an equal basis, 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 for the purposes of |
informing students of the educational
and career |
opportunities available in the military 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 paragraph 16, "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 available in the military
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;
|
17. (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 may be conducted by |
such bargaining
representative at the employee's request.
|
(b) For the purpose of this paragraph 17:
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(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;
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18. To delegate to the general superintendent of
|
schools, by resolution, the authority to approve contracts |
and expenditures
in amounts of $10,000 or less;
|
19. Upon the written request of an employee, to |
withhold from
the compensation of that employee any dues, |
payments or contributions
payable by such employee to any |
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;
|
19a. Upon receipt of notice from the comptroller of a |
|
municipality with
a population of 500,000 or more, a county |
with a population of 3,000,000 or
more, the Cook County |
Forest Preserve District, the Chicago Park District, the
|
Metropolitan Water Reclamation District, the Chicago |
Transit Authority, or
a housing authority of a municipality |
with a population of 500,000 or more
that a debt is due and |
owing the municipality, the county, the Cook County
Forest |
Preserve District, the Chicago Park District, the |
Metropolitan Water
Reclamation District, the Chicago |
Transit Authority, or the housing authority
by an employee |
of the Chicago Board of Education, to withhold, from the
|
compensation of that employee, the amount of the debt that |
is due and owing
and pay the amount withheld to the |
municipality, the county, the Cook County
Forest Preserve |
District, the Chicago Park District, the Metropolitan |
Water
Reclamation District, the Chicago Transit Authority, |
or the housing authority;
provided, however, that the |
amount
deducted from any one salary or wage payment shall |
not exceed 25% of the net
amount of the payment. Before the |
Board deducts any amount from any salary or
wage of an |
employee under this paragraph, the municipality, the |
county, the
Cook County Forest Preserve District, the |
Chicago Park District, the
Metropolitan Water Reclamation |
District, the Chicago Transit Authority, or the
housing |
authority shall certify that (i) the employee has been |
afforded an
opportunity for a hearing to dispute the debt |
that is due and owing the
municipality, the county, the |
Cook County Forest Preserve District, the Chicago
Park |
District, the Metropolitan Water Reclamation District, the |
Chicago Transit
Authority, or the housing authority and |
(ii) the employee has received notice
of a wage deduction |
order and has been afforded an opportunity for a hearing to
|
object to the order. For purposes of this paragraph, "net |
amount" means that
part of the salary or wage payment |
remaining after the deduction of any amounts
required by |
law to be deducted and "debt due and owing" means (i) a |
|
specified
sum of money owed to the municipality, the |
county, the Cook County Forest
Preserve District, the |
Chicago Park District, the Metropolitan Water
Reclamation |
District, the Chicago Transit Authority, or the housing |
authority
for services, work, or goods, after the period |
granted for payment has expired,
or (ii) a specified sum of |
money owed to the municipality, the county, the Cook
County |
Forest Preserve District, the Chicago Park District, the |
Metropolitan
Water Reclamation District, the Chicago |
Transit Authority, or the housing
authority pursuant to a |
court order or order of an administrative hearing
officer |
after the exhaustion of, or the failure to exhaust, |
judicial review;
|
20. The board is encouraged to employ a sufficient |
number of
certified school counselors to maintain a |
student/counselor ratio of 250 to
1 by July 1, 1990. Each |
counselor shall spend at least 75% of his work
time in |
direct contact with students and shall maintain a record of |
such time;
|
21. To make available to students vocational and career
|
counseling and to establish 5 special career counseling |
days for students
and parents. On these days |
representatives of local businesses and
industries shall |
be invited to the school campus and shall inform students
|
of career opportunities available to them in the various |
businesses and
industries. Special consideration shall be |
given to counseling minority
students as to career |
opportunities available to them in various fields.
For the |
purposes of this paragraph, minority student means a person |
who is:
|
(a) Black (a person having origins in any of the |
black racial groups
in Africa);
|
(b) Hispanic (a person of Spanish or Portuguese |
culture with
origins in Mexico, South or Central |
America, or the Caribbean islands,
regardless of |
race);
|
|
(c) Asian American (a person having origins in any |
of the original
peoples of the Far East, Southeast |
Asia, the Indian Subcontinent or the
Pacific Islands); |
or
|
(d) American Indian or Alaskan Native (a person |
having origins in any of
the original peoples of North |
America).
|
Counseling days shall not be in lieu of regular school |
days;
|
22. 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;
|
23. 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;
|
24. To develop a policy, based on the current state of |
existing school
facilities, projected enrollment and |
efficient utilization of available
resources, for capital |
improvement of schools and school buildings within
the |
district, addressing in that policy both the relative |
priority for
major repairs, renovations and additions to |
school facilities, and the
advisability or necessity of |
building new school facilities or closing
existing schools |
to meet current or projected demographic patterns within
|
the district;
|
25. To make available to the students in every high |
school attendance
center the ability to take all courses |
necessary to comply with the Board
of Higher Education's |
college entrance criteria effective in 1993;
|
|
26. To encourage mid-career changes into the teaching |
profession,
whereby qualified professionals become |
certified teachers, by allowing
credit for professional |
employment in related fields when determining point
of |
entry on teacher pay scale;
|
27. To provide or contract out training programs for |
administrative
personnel and principals with revised or |
expanded duties pursuant to this
Act in order to assure |
they have the knowledge and skills to perform
their duties;
|
28. To establish a fund for the prioritized special |
needs programs, and
to allocate such funds and other lump |
sum amounts to each attendance center
in a manner |
consistent with the provisions of part 4 of Section 34-2.3.
|
Nothing in this paragraph shall be construed to require any |
additional
appropriations of State funds for this purpose;
|
29. (Blank);
|
30. Notwithstanding any other provision of this Act or |
any other law to
the contrary, to contract with third |
parties for services otherwise performed
by employees, |
including those in a bargaining unit, and to layoff those
|
employees upon 14 days written notice to the affected |
employees. Those
contracts may be for a period not to |
exceed 5 years and may be awarded on a
system-wide basis;
|
31. To promulgate rules establishing procedures |
governing the layoff or
reduction in force of employees and |
the recall of such employees, including,
but not limited |
to, criteria for such layoffs, reductions in force or |
recall
rights of such employees and the weight to be given |
to any particular
criterion. Such criteria shall take into |
account factors including, but not be
limited to, |
qualifications, certifications, experience, performance |
ratings or
evaluations, and any other factors relating to |
an employee's job performance;
|
32. To develop a policy to prevent nepotism in the |
hiring of personnel
or the selection of contractors;
|
33. To enter into a partnership agreement, as required |
|
by
Section 34-3.5 of this Code, and, notwithstanding any |
other
provision of law to the contrary, to promulgate |
policies, enter into
contracts, and take any other action |
necessary to accomplish the
objectives and implement the |
requirements of that agreement; and
|
34. To establish a Labor Management Council to the |
board
comprised of representatives of the board, the chief |
executive
officer, and those labor organizations that are |
the exclusive
representatives of employees of the board and |
to promulgate
policies and procedures for the operation of |
the Council.
|
The specifications of the powers herein granted are not to |
be
construed as exclusive but the board shall also exercise all |
other
powers that they 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. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02; |
92-724, eff.
7-25-02; 93-3, eff. 4-16-03.)
|
Section 95. The State Mandates Act is amended by adding |
Section 8.28 as
follows:
|
(30 ILCS 805/8.28 new)
|
Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this
Act, no reimbursement by the State is required for the |
implementation of
any mandate created by this amendatory Act of |
the 93rd General Assembly.
|
Section 97. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
|