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| Public Act 101-0088
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| HB2272 Enrolled | LRB101 05121 AXK 50133 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
34-18 as follows:
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(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
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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:
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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
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deaf and persons with physical disabilities, 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 |
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are conducted in, adjacent to, or connected
with any public |
school under the general supervision and jurisdiction
of |
the board; provided 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 or supplemental grant funds
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are allocated and applied in accordance with Section 18-8, |
18-8.05, or 18-8.15. 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 |
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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;
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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;
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3. To co-operate with the circuit court;
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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;
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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;
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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 |
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such provisions and control as the principal of the
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affected attendance center may prescribe;
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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
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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
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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,
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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;
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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
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transportation of pupils for the purpose of achieving |
racial balance in any
school;
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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 |
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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
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assure that appropriate services are provided in |
accordance with applicable
State and federal laws to |
children requiring services and education in those
areas;
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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
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halls, long distance teaching reception areas used |
incident to instructional
programs transmitted by |
electronic media such as computers, video, and audio,
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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
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shall be continuously aware of the non-certificated |
persons' activities and
shall be able to control or modify |
them. The general superintendent shall
determine |
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qualifications of such personnel and shall prescribe rules |
for
determining the duties and activities to be assigned to |
such personnel;
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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;
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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
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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;
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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 |
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funds for the expense of the said outdoor
educational |
programs, whether within the school district or not;
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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;
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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
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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
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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;
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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;
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16. (a) To provide, on an equal basis, access to a high
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school campus and student directory information to the
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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
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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.
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(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).
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(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
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more than the actual costs incurred by the high school.
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(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
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students for the armed forces of Illinois or the United |
States;
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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
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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
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exclusive bargaining representative may be conducted by |
such bargaining
representative at the employee's request.
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(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.
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(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.
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(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
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schools, by resolution, the authority to approve contracts |
and expenditures
in amounts of $10,000 or less;
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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;
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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
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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 |
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Transit Authority, or the housing authority
by an employee |
of the Chicago Board of Education, to withhold, from the
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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
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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 |
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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;
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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;
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21. To make available to students vocational and career
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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
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of career opportunities available to them in the various |
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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 any of the following:
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(a) American Indian or Alaska Native (a person having |
origins in any of the original peoples of North and South |
America, including Central America, and who maintains |
tribal affiliation or community attachment). |
(b) Asian (a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam). |
(c) Black or African American (a person having origins |
in any of the black racial groups of Africa). Terms such as |
"Haitian" or "Negro" can be used in addition to "Black or |
African American". |
(d) Hispanic or Latino (a person of Cuban, Mexican, |
Puerto Rican, South or Central American, or other Spanish |
culture or origin, regardless of race). |
(e) Native Hawaiian or Other Pacific Islander (a person |
having origins in any of the original peoples of Hawaii, |
Guam, Samoa, or other Pacific Islands).
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Counseling days shall not be in lieu of regular school |
days;
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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;
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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;
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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
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the district;
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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 |
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college entrance criteria effective in 1993;
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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;
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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;
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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.
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Nothing in this paragraph shall be construed to require any |
additional
appropriations of State funds for this purpose;
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29. (Blank);
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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
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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. |
The board may not operate more than 30 contract schools, |
provided that the board may operate an additional 5 |
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contract turnaround schools pursuant to item (5.5) of |
subsection (d) of Section 34-8.3 of this Code, and the |
governing bodies of contract schools are subject to the |
Freedom of Information Act and Open Meetings Act;
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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;
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32. To develop a policy to prevent nepotism in the |
hiring of personnel
or the selection of contractors;
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33. (Blank); and
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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.
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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 they may be requisite or proper for the |
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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.
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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.
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(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17; |
100-1046, eff. 8-23-18.)
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