Bill Text: IL SB0028 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. With regard to daily pupil attendance, provides that pupil participation in any of the following activities shall be counted toward the calculation of clock hours of school work per day: (i) instruction in a college course in which a student is dually enrolled for both high school credit and college credit, (ii) participation in a supervised career development experience in which student participation and learning outcomes are supervised by an educator licensed under the School Code, (iii) participation in a youth apprenticeship in which student participation and outcomes are supervised by an educator licensed under the School Code, or (iv) participation in a blended learning program in which course content, student evaluation, and instructional methods are supervised by an educator licensed under the School Code. With regard to the e-learning days program, removes a requirement limiting the program to 3 school districts and requiring the State Board of Education to report its recommendations for expansion, revision, or discontinuation of the program on or before June 1, 2019. Provides that a research-based program for e-learning days must be verified by the regional office of education or intermediate service center for the school district (rather than submitted to the State Superintendent of Education for approval); makes related changes. Requires the program to address the school district's responsibility to ensure that all teachers and staff who may be involved in the provision of e-learning have access to any and all hardware and software that may be required for the program. Provides that a proposal for the program must include a provision that ensures that non-electronic materials are made available to students participating in the program who do not have access to the required technology or to participating teachers or students who are prevented from accessing the required technology and that ensures that the protocol regarding general expectations and responsibilities of the program is communicated to teachers, staff, and students at least 30 days prior to utilizing an e-learning day. Makes other and conforming changes. Effective July 1, 2019.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-07 - Public Act . . . . . . . . . 101-0012 [SB0028 Detail]

Download: Illinois-2019-SB0028-Chaptered.html

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Public Act 101-0012
SB0028 Enrolled LRB101 02854 AXK 47862 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
2-3.66b, 10-19, 10-20.56, 13B-45, 13B-50.5, 29-6.3, and 34-18
and by adding Section 10-19.05 as follows:
(105 ILCS 5/2-3.66b)
Sec. 2-3.66b. IHOPE Program.
(a) There is established the Illinois Hope and Opportunity
Pathways through Education (IHOPE) Program. The State Board of
Education shall implement and administer the IHOPE Program. The
goal of the IHOPE Program is to develop a comprehensive system
in this State to re-enroll significant numbers of high school
dropouts in programs that will enable them to earn their high
school diploma.
(b) The IHOPE Program shall award grants, subject to
appropriation for this purpose, to educational service regions
and a school district organized under Article 34 of this Code
from appropriated funds to assist in establishing
instructional programs and other services designed to
re-enroll high school dropouts. From any funds appropriated for
the IHOPE Program, the State Board of Education may use up to
5% for administrative costs, including the performance of a

program evaluation and the hiring of staff to implement and
administer the program.
The IHOPE Program shall provide incentive grant funds for
regional offices of education and a school district organized
under Article 34 of this Code to develop partnerships with
school districts, public community colleges, and community
groups to build comprehensive plans to re-enroll high school
dropouts in their regions or districts.
Programs funded through the IHOPE Program shall allow high
school dropouts, up to and including age 21 notwithstanding
Section 26-2 of this Code, to re-enroll in an educational
program in conformance with rules adopted by the State Board of
Education. Programs may include without limitation
comprehensive year-round programming, evening school, summer
school, community college courses, adult education, vocational
training, work experience, programs to enhance self-concept,
and parenting courses. Any student in the IHOPE Program who
wishes to earn a high school diploma must meet the
prerequisites to receiving a high school diploma specified in
Section 27-22 of this Code and any other graduation
requirements of the student's district of residence. Any
student who successfully completes the requirements for his or
her graduation shall receive a diploma identifying the student
as graduating from his or her district of residence.
(c) In order to be eligible for funding under the IHOPE
Program, an interested regional office of education or a school

district organized under Article 34 of this Code shall develop
an IHOPE Plan to be approved by the State Board of Education.
The State Board of Education shall develop rules for the IHOPE
Program that shall set forth the requirements for the
development of the IHOPE Plan. Each Plan shall involve school
districts, public community colleges, and key community
programs that work with high school dropouts located in an
educational service region or the City of Chicago before the
Plan is sent to the State Board for approval. No funds may be
distributed to a regional office of education or a school
district organized under Article 34 of this Code until the
State Board has approved the Plan.
(d) A regional office of education or a school district
organized under Article 34 of this Code may operate its own
program funded by the IHOPE Program or enter into a contract
with other not-for-profit entities, including school
districts, public community colleges, and not-for-profit
community-based organizations, to operate a program.
A regional office of education or a school district
organized under Article 34 of this Code that receives an IHOPE
grant from the State Board of Education may provide funds under
a sub-grant, as specified in the IHOPE Plan, to other
not-for-profit entities to provide services according to the
IHOPE Plan that was developed. These other entities may include
school districts, public community colleges, or not-for-profit
community-based organizations or a cooperative partnership

among these entities.
(e) In order to distribute funding based upon the need to
ensure delivery of programs that will have the greatest impact,
IHOPE Program funding must be distributed based upon the
proportion of dropouts in the educational service region or
school district, in the case of a school district organized
under Article 34 of this Code, to the total number of dropouts
in this State. This formula shall employ the dropout data
provided by school districts to the State Board of Education.
A regional office of education or a school district
organized under Article 34 of this Code may claim State aid
under Section 18-8.05 or 18-8.15 of this Code for students
enrolled in a program funded by the IHOPE Program, provided
that the State Board of Education has approved the IHOPE Plan
and that these students are receiving services that are meeting
the requirements of Section 27-22 of this Code for receipt of a
high school diploma and are otherwise eligible to be claimed
for general State aid under Section 18-8.05 of this Code or
evidence-based funding under Section 18-8.15 of this Code,
including provisions related to the minimum number of days of
pupil attendance pursuant to Section 10-19 of this Code and the
minimum number of daily hours of school work required under
Section 10-19.05 and any exceptions thereto as defined by the
State Board of Education in rules.
(f) IHOPE categories of programming may include the
following:

(1) Full-time programs that are comprehensive,
year-round programs.
(2) Part-time programs combining work and study
scheduled at various times that are flexible to the needs
of students.
(3) Online programs and courses in which students take
courses and complete on-site, supervised tests that
measure the student's mastery of a specific course needed
for graduation. Students may take courses online and earn
credit or students may prepare to take supervised tests for
specific courses for credit leading to receipt of a high
school diploma.
(4) Dual enrollment in which students attend high
school classes in combination with community college
classes or students attend community college classes while
simultaneously earning high school credit and eventually a
high school diploma.
(g) In order to have successful comprehensive programs
re-enrolling and graduating low-skilled high school dropouts,
programs funded through the IHOPE Program shall include all of
the following components:
(1) Small programs (70 to 100 students) at a separate
school site with a distinct identity. Programs may be
larger with specific need and justification, keeping in
mind that it is crucial to keep programs small to be
effective.

(2) Specific performance-based goals and outcomes and
measures of enrollment, attendance, skills, credits,
graduation, and the transition to college, training, and
employment.
(3) Strong, experienced leadership and teaching staff
who are provided with ongoing professional development.
(4) Voluntary enrollment.
(5) High standards for student learning, integrating
work experience, and education, including during the
school year and after school, and summer school programs
that link internships, work, and learning.
(6) Comprehensive programs providing extensive support
services.
(7) Small teams of students supported by full-time paid
mentors who work to retain and help those students
graduate.
(8) A comprehensive technology learning center with
Internet access and broad-based curriculum focusing on
academic and career subject areas.
(9) Learning opportunities that incorporate action
into study.
(h) Programs funded through the IHOPE Program must report
data to the State Board of Education as requested. This
information shall include, but is not limited to, student
enrollment figures, attendance information, course completion
data, graduation information, and post-graduation information,

as available.
(i) Rules must be developed by the State Board of Education
to set forth the fund distribution process to regional offices
of education and a school district organized under Article 34
of this Code, the planning and the conditions upon which an
IHOPE Plan would be approved by State Board, and other rules to
develop the IHOPE Program.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental programs.
Each school board shall annually prepare a calendar for the
school term, specifying the opening and closing dates and
providing a minimum term of at least 185 days to insure 176
days of actual pupil attendance, computable under Section
10-19.05 18-8.05 or 18-8.15, except that for the 1980-1981
school year only 175 days of actual pupil attendance shall be
required because of the closing of schools pursuant to Section
24-2 on January 29, 1981 upon the appointment by the President
of that day as a day of thanksgiving for the freedom of the
Americans who had been held hostage in Iran. Any days allowed
by law for teachers' institutes but not used as such or used as
parental institutes as provided in Section 10-22.18d shall
increase the minimum term by the school days not so used.
Except as provided in Section 10-19.1, the board may not extend
the school term beyond such closing date unless that extension

of term is necessary to provide the minimum number of
computable days. In case of such necessary extension school
employees shall be paid for such additional time on the basis
of their regular contracts. A school board may specify a
closing date earlier than that set on the annual calendar when
the schools of the district have provided the minimum number of
computable days under this Section. Nothing in this Section
prevents the board from employing superintendents of schools,
principals and other nonteaching personnel for a period of 12
months, or in the case of superintendents for a period in
accordance with Section 10-23.8, or prevents the board from
employing other personnel before or after the regular school
term with payment of salary proportionate to that received for
comparable work during the school term.
A school board may make such changes in its calendar for
the school term as may be required by any changes in the legal
school holidays prescribed in Section 24-2. A school board may
make changes in its calendar for the school term as may be
necessary to reflect the utilization of teachers' institute
days as parental institute days as provided in Section
10-22.18d.
The calendar for the school term and any changes must be
submitted to and approved by the regional superintendent of
schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education and
subject to review by the State Board of Education every 3

years, any school board may, by resolution of its board and in
agreement with affected exclusive collective bargaining
agents, establish experimental educational programs, including
but not limited to programs for e-learning days as authorized
under Section 10-20.56 of this Code, self-directed learning, or
outside of formal class periods, which programs when so
approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil
attendance and with the other requirements of this Act as
respects courses of instruction.
(Source: P.A. 99-194, eff. 7-30-15; 100-465, eff. 8-31-17.)
(105 ILCS 5/10-19.05 new)
Sec. 10-19.05. Daily pupil attendance calculation.
(a) Except as otherwise provided in this Section, for a
pupil of legal school age and in kindergarten or any of grades
1 through 12, a day of attendance shall be counted only for
sessions of not less than 5 clock hours of school work per day
under direct supervision of (i) teachers or (ii) non-teaching
personnel or volunteer personnel when engaging in non-teaching
duties and supervising in those instances specified in
subsection (a) of Section 10-22.34 and paragraph 10 of Section
34-18. Days of attendance by pupils through verified
participation in an e-learning program adopted by a school
board and verified by the regional office of education or
intermediate service center for the school district under

Section 10-20.56 of this Code shall be considered as full days
of attendance under this Section.
(b) A pupil regularly enrolled in a public school for only
a part of the school day may be counted on the basis of
one-sixth of a school day for every class hour of instruction
of 40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may be
counted on the basis of the proportion of minutes of school
work completed each day to the minimum number of minutes that
school work is required to be held that day.
(c) A session of 4 or more clock hours may be counted as a
day of attendance upon certification by the regional
superintendent of schools and approval by the State
Superintendent of Education to the extent that the district has
been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be counted as a
day of attendance (1) when the remainder of the school day or
at least 2 hours in the evening of that day is utilized for an
in-service training program for teachers, up to a maximum of 10
days per school year, provided that a district conducts an
in-service training program for teachers in accordance with
Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
full days may be used, in which event each such day may be
counted as a day required for a legal school calendar pursuant
to Section 10-19 of this Code; (2) when, of the 5 days allowed

under item (1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are used,
in which case each such day may be counted as a calendar day
required under Section 10-19 of this Code, provided that the
full-day, parent-teacher conference consists of (i) a minimum
of 5 clock hours of parent-teacher conferences, (ii) both a
minimum of 2 clock hours of parent-teacher conferences held in
the evening following a full day of student attendance and a
minimum of 3 clock hours of parent-teacher conferences held on
the day immediately following evening parent-teacher
conferences, or (iii) multiple parent-teacher conferences held
in the evenings following full days of student attendance in
which the time used for the parent-teacher conferences is
equivalent to a minimum of 5 clock hours; and (3) when days in
addition to those provided in items (1) and (2) are scheduled
by a school pursuant to its school improvement plan adopted
under Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such sessions
of 3 or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which such
sessions occur are utilized for in-service training programs or
other staff development activities for teachers, and (iii) a
sufficient number of minutes of school work under the direct
supervision of teachers are added to the school days between
such regularly scheduled sessions to accumulate not less than
the number of minutes by which such sessions of 3 or more clock

hours fall short of 5 clock hours. Days scheduled for
in-service training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of the
district.
(e) A session of not less than one clock hour of teaching
hospitalized or homebound pupils on-site or by telephone to the
classroom may be counted as a half day of attendance; however,
these pupils must receive 4 or more clock hours of instruction
to be counted for a full day of attendance.
(f) A session of at least 4 clock hours may be counted as a
day of attendance for first grade pupils and pupils in full-day
kindergartens, and a session of 2 or more hours may be counted
as a half day of attendance by pupils in kindergartens that
provide only half days of attendance.
(g) For children with disabilities who are below the age of
6 years and who cannot attend 2 or more clock hours because of
their disability or immaturity, a session of not less than one
clock hour may be counted as a half day of attendance; however,
for such children whose educational needs require a session of
4 or more clock hours, a session of at least 4 clock hours may
be counted as a full day of attendance.
(h) A recognized kindergarten that provides for only a half
day of attendance by each pupil shall not have more than one
half day of attendance counted in any one day. However,
kindergartens may count 2 and a half days of attendance in any

5 consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the pupil
shall have the following day as a day absent from school,
unless the school district obtains permission in writing from
the State Superintendent of Education. Attendance at
kindergartens that provide for a full day of attendance by each
pupil shall be counted the same as attendance by first grade
pupils. Only the first year of attendance in one kindergarten
shall be counted, except in the case of children who entered
the kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under rules of the State Board of Education.
(i) On the days when the State's final accountability
assessment is administered under subsection (c) of Section
2-3.64a-5 of this Code, the day of attendance for a pupil whose
school day must be shortened to accommodate required testing
procedures may be less than 5 clock hours and shall be counted
toward the 176 days of actual pupil attendance required under
Section 10-19 of this Code, provided that a sufficient number
of minutes of school work in excess of 5 clock hours are first
completed on other school days to compensate for the loss of
school work on the examination days.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted on
the basis of a one-fifth day of attendance for every clock hour
of instruction attended in the remote educational program,

provided that, in any month, the school district may not claim
for a student enrolled in a remote educational program more
days of attendance than the maximum number of days of
attendance the district can claim (i) for students enrolled in
a building holding year-round classes if the student is
classified as participating in the remote educational program
on a year-round schedule or (ii) for students enrolled in a
building not holding year-round classes if the student is not
classified as participating in the remote educational program
on a year-round schedule.
(k) Pupil participation in any of the following activities
shall be counted toward the calculation of clock hours of
school work per day:
(1) Instruction in a college course in which a student
is dually enrolled for both high school credit and college
credit.
(2) Participation in a Supervised Career Development
Experience, as defined in Section 10 of the Postsecondary
and Workforce Readiness Act, in which student
participation and learning outcomes are supervised by an
educator licensed under Article 21B.
(3) Participation in a youth apprenticeship, as
jointly defined in rules of the State Board of Education
and Department of Commerce and Economic Opportunity, in
which student participation and outcomes are supervised by
an educator licensed under Article 21B.

(4) Participation in a blended learning program
approved by the school district in which course content,
student evaluation, and instructional methods are
supervised by an educator licensed under Article 21B.
(105 ILCS 5/10-20.56)
Sec. 10-20.56. E-learning days.
(a) The State Board of Education shall establish and
maintain, for implementation in selected school districts, a
program for use of electronic-learning (e-learning) days, as
described in this Section. The State Superintendent of
Education shall select up to 3 school districts for this
program, at least one of which may be an elementary or unit
school district. On or before June 1, 2019, the State Board
shall report its recommendation for expansion, revision, or
discontinuation of the program to the Governor and General
Assembly.
(b) The school board of a school district selected by the
State Superintendent of Education under subsection (a) of this
Section may, by resolution, adopt a research-based program or
research-based programs for e-learning days district-wide that
shall permit student instruction to be received electronically
while students are not physically present in lieu of the
district's scheduled emergency days as required by Section
10-19 of this Code. The research-based program or programs may
not exceed the minimum number of emergency days in the approved

school calendar and must be verified by the regional office of
education or intermediate service center for the school
district submitted to the State Superintendent for approval on
or before September 1st annually to ensure access for all
students. The regional office of education or intermediate
service center State Superintendent shall approve programs
that ensure that the specific needs of all students are met,
including special education students and English learners, and
that all mandates are still met using the proposed
research-based program. The e-learning program may utilize the
Internet, telephones, texts, chat rooms, or other similar means
of electronic communication for instruction and interaction
between teachers and students that meet the needs of all
learners. The e-learning program shall address the school
district's responsibility to ensure that all teachers and staff
who may be involved in the provision of e-learning have access
to any and all hardware and software that may be required for
the program. If a proposed program does not address this
responsibility, the school district must propose an alternate
program.
(c) Before its adoption by a school board, the school board
must hold a public hearing on a school district's initial
proposal for an e-learning program or for renewal of such a
program must be approved by the State Board of Education and
shall follow a public hearing, at a regular or special meeting
of the school board, in which the terms of the proposal must be

substantially presented and an opportunity for allowing public
comments must be provided. Notice of such public hearing must
be provided at least 10 days prior to the hearing by:
(1) publication in a newspaper of general circulation
in the school district;
(2) written or electronic notice designed to reach the
parents or guardians of all students enrolled in the school
district; and
(3) written or electronic notice designed to reach any
exclusive collective bargaining representatives of school
district employees and all those employees not in a
collective bargaining unit.
(d) The regional office of education or intermediate
service center for the school district must timely verify that
a A proposal for an e-learning program has met must be timely
approved by the State Board of Education if the requirements
specified in this Section and that have been met and if, in the
view of the State Board of Education, the proposal contains
provisions designed to reasonably and practicably accomplish
the following:
(1) to ensure and verify at least 5 clock hours of
instruction or school work, as required under Section
10-19.05, for each student participating in an e-learning
day;
(2) to ensure access from home or other appropriate
remote facility for all students participating, including

computers, the Internet, and other forms of electronic
communication that must be utilized in the proposed
program;
(2.5) to ensure that non-electronic materials are made
available to students participating in the program who do
not have access to the required technology or to
participating teachers or students who are prevented from
accessing the required technology;
(3) to ensure appropriate learning opportunities for
students with special needs;
(4) to monitor and verify each student's electronic
participation;
(5) to address the extent to which student
participation is within the student's control as to the
time, pace, and means of learning;
(6) to provide effective notice to students and their
parents or guardians of the use of particular days for
e-learning;
(7) to provide staff and students with adequate
training for e-learning days' participation;
(8) to ensure an opportunity for any collective
bargaining negotiations with representatives of the school
district's employees that would be legally required,
including all classifications of school district employees
who are represented by collective bargaining agreements
and who would be affected in the event of an e-learning

day; and
(9) to review and revise the program as implemented to
address difficulties confronted; and .
(10) to ensure that the protocol regarding general
expectations and responsibilities of the program is
communicated to teachers, staff, and students at least 30
days prior to utilizing an e-learning day.
The school board's State Board of Education's approval of a
school district's initial e-learning program and renewal of the
e-learning program shall be for a term of 3 years.
(e) The State Board of Education may adopt rules governing
its supervision and review of e-learning programs consistent
with the provision of this Section. However, in the absence of
such rules, school districts may submit proposals for State
Board of Education consideration under the authority of this
Section.
(Source: P.A. 99-194, eff. 7-30-15; 99-642, eff. 7-28-16;
100-760, eff. 8-10-18.)
(105 ILCS 5/13B-45)
Sec. 13B-45. Days and hours of attendance. An alternative
learning opportunities program shall provide students with at
least the minimum number of days of pupil attendance required
under Section 10-19 of this Code and the minimum number of
daily hours of school work required under Section 10-19.05
18-8.05 or 18-8.15 of this Code, provided that the State Board

may approve exceptions to these requirements if the program
meets all of the following conditions:
(1) The district plan submitted under Section
13B-25.15 of this Code establishes that a program providing
the required minimum number of days of attendance or daily
hours of school work would not serve the needs of the
program's students.
(2) Each day of attendance shall provide no fewer than
3 clock hours of school work, as defined under paragraph
(1) of subsection (F) of Section 10-19.05 18-8.05 of this
Code.
(3) Each day of attendance that provides fewer than 5
clock hours of school work shall also provide supplementary
services, including without limitation work-based
learning, student assistance programs, counseling, case
management, health and fitness programs, or life-skills or
conflict resolution training, in order to provide a total
daily program to the student of 5 clock hours. A program
may claim general State aid or evidence-based funding for
up to 2 hours of the time each day that a student is
receiving supplementary services.
(4) Each program shall provide no fewer than 174 days
of actual pupil attendance during the school term; however,
approved evening programs that meet the requirements of
Section 13B-45 of this Code may offer less than 174 days of
actual pupil attendance during the school term.

(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/13B-50.5)
Sec. 13B-50.5. Conditions of funding. If an alternative
learning opportunities program provides less than the daily 5
clock hours of school work required under Section 10-19.05
daily, the program must meet guidelines established by the
State Board and must provide supplementary services, including
without limitation work-based learning, student assistance
programs, counseling, case management, health and fitness
programs, life skills, conflict resolution, or service
learning, that are equal to the required attendance.
(Source: P.A. 92-42, eff. 1-1-02.)
(105 ILCS 5/29-6.3)
Sec. 29-6.3. Transportation to and from specified
interscholastic or school-sponsored activities.
(a) Any school district transporting students in grade 12
or below for an interscholastic, interscholastic athletic, or
school-sponsored, noncurriculum-related activity that (i) does
not require student participation as part of the educational
services of the district and (ii) is not associated with the
students' regular class-for-credit schedule or required 5
clock hours of instruction under Section 10-19.05 shall
transport the students only in a school bus, a vehicle
manufactured to transport not more than 10 persons, including

the driver, or a multifunction school-activity bus
manufactured to transport not more than 15 persons, including
the driver.
(a-5) A student in any of grades 9 through 12 may be
transported in a multi-function school activity bus (MFSAB) as
defined in Section 1-148.3a-5 of the Illinois Vehicle Code for
any curriculum-related activity except for transportation on
regular bus routes from home to school or from school to home,
subject to the following conditions:
(i) A MFSAB may not be used to transport students under
this Section unless the driver holds a valid school bus
driver permit.
(ii) The use of a MFSAB under this Section is subject
to the requirements of Sections 6-106.11, 6-106.12,
12-707.01, 13-101, and 13-109 of the Illinois Vehicle Code.
(b) Any school district furnishing transportation for
students under the authority of this Section shall insure
against any loss or liability of the district resulting from
the maintenance, operation, or use of the vehicle.
(c) Vehicles used to transport students under this Section
may claim a depreciation allowance of 20% over 5 years as
provided in Section 29-5 of this Code.
(Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
(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 and in compliance
with Section 10-19.05, 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 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 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 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 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:
(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;
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 any of the following:
(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).
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.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code;
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. (Blank); 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. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17;
100-1046, eff. 8-23-18.)
Section 10. The Vocational Academies Act is amended by

changing Section 10 as follows:
(105 ILCS 433/10)
Sec. 10. Establishment. A school district, in partnership
with community colleges, local employers, and community-based
organizations, may establish a vocational academy that is
eligible for a grant under this Act if the vocational academy
meets all of the following requirements:
(1) The vocational academy must have a minimum
5-clock-hour day, as required under Section 10-19.05 of the
School Code, and be under the direct supervision of
teachers.
(2) The vocational academy must be a 2-year school
within a school program for grades 10 through 12 that is
organized around a career theme and operated as a
business-education partnership.
(3) The vocational academy must be a career-oriented
program that uses the direct involvement of local employers
to provide students with an education and the skills needed
for employment.
(4) The vocational academy must be a standards-based
educational program that prepares students both
academically and technically for entrance into
postsecondary education or careers in a selected field.
(5) The curriculum of the vocational academy must be
based on the Illinois Learning Standards, and work-site

training must provide students with learning experiences
for entry-level employment in the local job market and
lifelong learning skills for higher education.
(Source: P.A. 94-220, eff. 7-14-05.)