There is a newer version of the Illinois Compiled Statutes
2005 Illinois 105 ILCS 5/ School Code. Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education
(105 ILCS 5/34‑1) (from Ch. 122, par. 34‑1)
Sec. 34‑1.
Application of article; Definitions.
This Article applies only to
cities having a population exceeding 500,000.
"Trustees", when used in this Article, means the Chicago School Reform
Board of Trustees created by this amendatory Act of 1995 and serving as the
governing board of the school district organized under this Article beginning
with its appointment on or after the effective date of this amendatory Act of
1995 and continuing until June 30, 1999 or the appointment of a new Chicago
Board of Education as provided in Section 34‑3, whichever is later.
"Board", or "board of education" when used in this Article, means: (i)
the Chicago School Reform Board of Trustees for the period that begins with the
appointment of the Trustees and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34‑3;
and (ii) the new Chicago Board of Education from and after June 30, 1999 or
from and after its appointment as provided in Section 34‑3, whichever is later.
Except during the period that begins with the appointment of the Chicago
School Reform Board of Trustees on or after the effective date of this
amendatory Act of 1995 and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34‑3:
(i) the school district organized under this Article may be subject to further
limitations imposed under Article 34A; and (ii) the provisions of Article 34A
prevail over the other provisions of this Act, including the provisions of this
Article, to the extent of any conflict.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑1.01) (from Ch. 122, par. 34‑1.01)
Sec. 34‑1.01.
Intent.
The General Assembly has previously established
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development, and the General Assembly has defined these areas as including
language arts, mathematics, biological, physical and social sciences, the
fine arts, and physical development and health. The General Assembly
declares its intent to achieve the primary purpose of schooling in
elementary and secondary schools subject to this Article, as now or
hereafter amended, in cities of over 500,000 inhabitants, through the
provisions of this amendatory Act of 1991.
A. Goals. In the furtherance of this intent, the General Assembly is
committed to the belief that, while such urban schools should foster
improvement and student growth in a number of areas, first priority should
be given to achieving the following goals:
1. assuring that students show significant progress | ||
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2. assuring that students attend school regularly | ||
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3. assuring that students are adequately prepared | ||
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4. assuring that students are adequately prepared | ||
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5. assuring that students are, to the maximum extent | ||
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6. assuring that students are better prepared to | ||
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7. assuring that students are encouraged in | ||
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8. assuring that individual teachers are granted the | ||
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9. assuring that students are provided the means to | ||
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10. assuring that students are provided adequate | ||
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B. Achieving goals. To achieve these priority goals, the General
Assembly intends to make the individual local school the essential unit for
educational governance and improvement and to establish a process for
placing the primary responsibility for school governance and improvement in
furtherance of such goals in the hands of parents, community residents,
teachers, and the school principal at the school level.
Further, to achieve these priority goals, the General Assembly intends to
lodge with the board of education key powers in limited areas related to
district‑wide policy, so that the board of education supports school‑level
governance and improvement and carries out functions that can be performed
more efficiently through centralized action.
The General Assembly does not intend to alter or amend the provisions
of the desegregation obligations of the board of education, including but
not limited to the Consent Decree or the Desegregation Plan in United
States v. Chicago Board of Education, 80 C 5124, U.S. District Court for
the Northern District of Illinois. Accordingly, the implementation of this
amendatory Act of 1991, to the extent practicable, shall be consistent with
and, in all cases, shall be subject to the desegregation obligations
pursuant to such Consent Decree and Desegregation Plan.
(Source: P.A. 87‑455; 88‑686, eff. 1‑24‑95.)
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(105 ILCS 5/34‑1.02) (from Ch. 122, par. 34‑1.02)
Sec. 34‑1.02.
Educational reform.
The General Assembly hereby finds
and declares that educational reform in school districts organized under
this Article shall be implemented in such manner that:
1. the percentage of entering freshmen who 4 years later graduate from
12th grade from each high school attendance center within the district in
each of the 1989‑90, 1990‑91, 1991‑92, 1992‑93 and 1993‑94 school years
exceeds by at least 5% the percentage of similar students graduating from
that high school attendance center in the immediately preceding school year;
2. the average daily student attendance rate within the district in each of
the 1989‑90, 1990‑91, 1991‑92, 1992‑93 and 1993‑94 school years exceeds by
at least 1% the average daily student attendance rate within the district for
the immediately preceding school year;
3. by the conclusion of the 1993‑1994 school year, the percentage of
students within the district failing and not advancing to the next higher
grade or graduating is at least 10% less than the percentage of students
within the district failing and not advancing to the next higher grade or
graduating at the conclusion of the 1987‑88 school year;
4. on an annual basis, each attendance center within the district
makes significant progress toward meeting and exceeding State performance
standards in reading, writing, mathematics, and other State mandated learning
areas, including the mastery of higher
order thinking skills in these learning areas. Significant annual progress
toward meeting and exceeding State performance standards shall occur for all
students regardless of race, ethnicity, gender, or income status, based on the
expectation that these subgroups shall meet and exceed State performance
standards. Annual objectives for significant progress and timeframes during
which the students' performance overall and as measured within subgroups will
meet and exceed State performance standards shall be specified in
the school improvement plan required in Section 34‑2.4; and
5. appropriate improvement and progress are realized each school year in
each attendance center within the district, when compared to the
performance of such attendance center during the immediately preceding
school year, in advancing toward and achieving the objectives established
by paragraphs 1 through 4 of this Section.
(Source: P.A. 88‑686, eff. 1‑24‑95.)
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(105 ILCS 5/34‑1.1) (from Ch. 122, par. 34‑1.1)
Sec. 34‑1.1.
Definitions.
As used in this Article:
"Academic Accountability Council" means the Chicago Schools Academic
Accountability Council created under Section 34‑3.4.
"Local School Council" means a local school council established
under Section 34‑2.1.
"School" and "attendance center" are used interchangeably to mean any
attendance center operated pursuant to this Article and under the direction
of one principal.
"Secondary Attendance Center" means a school which has students enrolled
in grades 9 through 12 (although it may also have students enrolled
in grades below grade 9).
"Local Attendance Area School" means a school which has a local
attendance area established by the board.
"Multi‑area school" means a school other than a local attendance area school.
"Parent" means a parent or legal guardian of an enrolled student of an
attendance center.
"Community resident" means a person, 18 years of age or older,
residing within an attendance area served by a school,
excluding any person who is a parent of a student enrolled in that
school; provided that with respect to any multi‑area school, community
resident means any person, 18 years of age or older, residing within the
voting district established for that school pursuant to Section 34‑2.1c,
excluding any person who is a parent of a student enrolled in that school.
"School staff" means all certificated and uncertificated school
personnel, including all teaching and administrative staff (other than the
principal) and including all custodial, food service and other civil
service employees, who are employed at and assigned to perform the majority
of their employment duties at one attendance center served by the same
local school council.
"Regular meetings" means the meeting dates established by the local
school council at its annual organizational meeting.
(Source: P.A. 88‑511; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑2) (from Ch. 122, par. 34‑2)
Sec. 34‑2.
City
to constitute district‑Corporate status of board.
Each city having a population exceeding 500,000 shall constitute one
school district which shall maintain a system of free schools under the
charge of a board of education. The district shall be a body politic and
corporate by the name of "Board of Education of the City of ...." and by
that name may sue and be sued in all courts and places where judicial
proceedings are had.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑2.1) (from Ch. 122, par. 34‑2.1)
Sec. 34‑2.1.
Local School Councils ‑ Composition ‑ Voter‑Eligibility
‑ Elections ‑ Terms.
(a) A local school council shall be established for each attendance
center within the school district. Each local school council shall
consist of the following 11 voting members: the principal of the
attendance center, 2 teachers employed and assigned to perform the
majority of their employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center and 2 community
residents. Neither the parents nor the community residents who serve as
members of the local school council shall be employees of the Board of
Education. In each secondary attendance center, the local school council
shall consist of 12 voting members ‑‑ the 11 voting members described above
and one full‑time student member, appointed as provided in subsection
(m) below.
In the event that the chief executive officer of the Chicago School Reform
Board of Trustees determines that a local school council is not carrying out
its financial duties effectively, the chief executive officer is authorized to
appoint a representative of the business community with experience in finance
and management
to serve as an advisor to the local school council for
the purpose of providing advice and assistance to the local school council on
fiscal matters.
The advisor shall have access to relevant financial records of the
local school council. The advisor may attend executive sessions.
The chief executive officer shall
issue a written policy defining the circumstances under which a local school
council is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall appoint the
members and officers (a Chairperson who shall be a parent member and a
Secretary) of each local school council who shall hold their offices until
their successors shall be elected and qualified. Members so appointed shall
have all the powers and duties of local school councils as set forth in
this amendatory Act of 1991. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be encouraged to be
reflective of the racial and ethnic composition of the student population
of the attendance center served by the local school council.
(c) Beginning with the 1995‑1996 school year and in every even‑numbered
year thereafter, the Board shall set second semester Parent Report Card
Pick‑up Day for Local School Council elections and may schedule elections at
year‑round schools for the same dates as the remainder of the school system.
Elections shall be
conducted as provided herein by the Board of Education in consultation with
the local school council at each attendance center.
(d) Beginning with the 1995‑96 school year, the following
procedures shall apply to the election of local school council members at each
attendance center:
(i) The elected members of each local school council | ||
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(ii) Each elected member shall be elected by the | ||
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(iii) Each eligible voter shall be entitled to cast | ||
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(iv) Each parent voter shall be entitled to vote in | ||
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(v) Each eligible voter shall be entitled to vote | ||
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(vi) The 2 teacher members of each local school | ||
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(vii) At secondary attendance centers, the voting | ||
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(e) The Council shall publicize the date and place of the election by
posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
(f) Nomination. The Council shall publicize the opening of nominations
by posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
Not less than 2 weeks before the election date, persons eligible to run for
the Council shall submit their name,
date of birth, social
security number, if
available,
and some evidence of eligibility
to the Council. The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall disclose, in a
manner determined by the Board, any economic interest held by such person,
by such person's spouse or children, or by each business entity in which
such person has an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district.
Each person
nominated who runs as a candidate shall also disclose, in a manner determined
by the Board, if he or she ever has been convicted of any of the offenses
specified in subsection (c) of Section 34‑18.5; provided that neither this
provision nor any other provision of this Section shall be deemed to require
the disclosure of any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5‑901 or
5‑905 of the Juvenile
Court Act of 1987.
Failure to make such disclosure shall render a person ineligible
for election or to serve on the local school council. The same
disclosure shall be
required of persons under consideration for appointment to the Council
pursuant to subsections (l) and (m) of this Section.
(f‑5) Notwithstanding disclosure, a person who has been convicted of any
of
the
following offenses at any time shall be ineligible for election or appointment
to a local
school council and ineligible for appointment to a local school council
pursuant to
subsections (l) and (m) of this Section: (i) those defined in Section 11‑6,
11‑9.1, 11‑16,
11‑17.1, 11‑19, 11‑19.1, 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15, or
12‑16 of the
Criminal Code of 1961 or (ii) any offense committed or attempted in any other
state or
against the laws of the United States, which, if committed or attempted in this
State,
would have been punishable as one or more of the foregoing offenses.
Notwithstanding
disclosure, a person who has been convicted of any of the following offenses
within the
10 years previous to the date of nomination or appointment shall be ineligible
for election or
appointment to a local school council:
(i) those defined in Section 401.1, 405.1, or 405.2 of the Illinois Controlled
Substances Act or (ii) any
offense committed
or attempted in any other state or against the laws of the United States,
which, if
committed or attempted in this State, would have been punishable as one or more
of the
foregoing offenses.
Immediately upon election or appointment, incoming local school
council members
shall be
required to undergo a criminal background investigation, to be completed prior
to the member taking office,
in order to identify
any criminal convictions under the offenses enumerated in Section 34‑18.5.
The investigation shall be conducted by the Department of State Police in the
same manner as provided for in Section 34‑18.5. However, notwithstanding
Section 34‑18.5, the social security number shall be provided only if
available.
If it is determined at any time that a local school council member or
member‑elect has been convicted
of any of the offenses enumerated in this Section or failed to disclose a
conviction of any of the offenses enumerated in Section 34‑18.5, the general
superintendent shall notify the local school council member or member‑elect of
such
determination and the local school council member or member‑elect shall be
removed from the
local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the Council shall
publicize, in the manner provided in subsection (e), the names of persons
nominated for election.
(h) Voting shall be in person by secret ballot at the attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall be declared
elected by the Council. In cases of a tie, the Council shall determine the
winner by lot.
(j) The Council shall certify the results of the election and shall
publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any
disputes
concerning election procedure or results and shall ensure that, except as
provided in subsections (e) and (g), no resources of any attendance center
shall be used to endorse or promote any candidate.
(l) Beginning with the 1995‑1996 school year
and in every
even numbered
year thereafter, the Board shall appoint 2 teacher
members to each
local school council. These appointments shall be made in the following
manner:
(i) The Board shall appoint 2 teachers who are | ||
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(ii) A non‑binding, advisory poll to ascertain the | ||
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(iii) In the event that a teacher representative is | ||
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(m) Beginning with the 1995‑1996 school year, and in every
year thereafter, the Board shall appoint one student member to each
secondary attendance center. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those | ||
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(ii) During the twenty‑second week of school in | ||
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(iii) For the 1995‑96 school year only, appointments | ||
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(n) The Board may promulgate such other rules and regulations for
election procedures as may be deemed necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's term, the
Council shall appoint a person eligible to serve on the Council, to fill
the unexpired term created by the vacancy, except that any teacher vacancy
shall be filled by the Board after considering the preferences of the school
staff as ascertained through a non‑binding advisory poll of school staff.
(p) If less than the specified number of persons is elected within each
candidate category, the newly elected local school council shall appoint
eligible persons to serve as members of the Council for two‑year terms.
(q) The Board shall promulgate rules regarding conflicts of interest
and disclosure of economic interests which shall apply to local school
council members and which shall require reports or statements to be filed
by Council members at regular intervals with the Secretary of the
Board. Failure to comply with such rules
or intentionally falsifying such reports shall be grounds for
disqualification from local school council membership. A vacancy on the
Council for disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the general
superintendent shall provide notice, by mail, to each local school council
member of all requirements and forms for compliance with economic interest
statements.
(r) (1) If a parent member of a local school council ceases to have any
child
enrolled in the attendance center governed by the Local School Council due to
the graduation or voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's graduation or
voluntary transfer. Further,
a local school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of Section
34‑2.2 if the Council member has missed 3 consecutive regular meetings, not
including committee meetings, or 5 regular meetings in a 12 month period,
not including committee meetings.
If a parent member of a local school council ceases to be eligible to serve
on the Council for any other reason, he or she shall be removed by the Board
subject
to a hearing, convened pursuant to Board rule, prior to removal.
A vote to remove a Council member by the local school council shall
only be valid if the Council member has been notified personally or by
certified mail, mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The provisions of this
subsection shall be contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident member of a
local
school council as long as he or she resides in the attendance area served by
the
school and is not employed by the Board nor is a parent of a student enrolled
at the school. If a community resident member ceases to be eligible to serve
on the Council, he or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a teacher member of a local school
council as long as he or she is employed and assigned to perform a majority of
his or her duties at the school, provided that if the teacher representative
resigns from employment with the Board or
voluntarily transfers to another school, the teacher's membership on the local
school council and all voting rights are terminated immediately as of the date
of the teacher's resignation or upon the date of the teacher's voluntary
transfer to another school. If a teacher member of a local school council
ceases to be eligible to serve on a local school council for any other reason,
that member shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(Source: P.A. 90‑378, eff. 8‑14‑97; 90‑590, eff. 1‑1‑00; 91‑622, eff.
8‑19‑99; 91‑728, eff. 6‑2‑00.)
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(105 ILCS 5/34‑2.1b) (from Ch. 122, par. 34‑2.1b)
Sec. 34‑2.1b.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑2.1c) (from Ch. 122, par. 34‑2.1c)
Sec. 34‑2.1c.
Multi‑Area Schools ‑ Establishment of Voting
Districts.
(a) On or before September 1, 1991, the Board shall establish
a voting district for each multi‑area school. The Board shall take into
account the following criteria in establishing such voting districts:
(i) in cases where the multi‑area school was | ||
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(ii) the location of physical characteristics in the | ||
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(iii) the location of established neighborhood and | ||
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(iv) size of student population; and
(v) compactness and contiguity of voting districts.
Prior to establishing voting districts for multi‑area schools, the Board
shall hold at least one public hearing thereon. The Board shall establish
procedures to ensure the maximum participation of all interested persons in
such hearing or hearings.
(b) The Board shall publicize the location and description of these
voting districts by posting notices at each multi‑area school and in public
places within each voting district, by distributing notices to students at
the multi‑area school and by placing notices both in daily newspapers of
general circulation published in the city and in local and community
newspapers published within each voting district. The Board shall utilize
other means to ensure adequate dissemination of the description and
location of the voting districts.
(c) The Board may adjust or alter the voting districts of any multi‑area
school once every tenth year. The Board shall utilize the same criteria
and procedures described above in connection with any adjustment or
alteration of any voting district.
(d) With respect to any school designated as a multi‑area school
subsequent to the establishment of voting districts, as described in
subsection (a), or subsequent to the adjustment of these districts, as
described in subsection (c), the Board shall establish a voting district
for that school prior to the commencement of its operation as a multi‑area
school. The Board shall utilize the same criteria and procedures described
in subsection (a) in connection with the establishment of such a voting
district.
(Source: P.A. 87‑454.)
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(105 ILCS 5/34‑2.2) (from Ch. 122, par. 34‑2.2)
Sec. 34‑2.2.
Local school councils ‑ Manner of operation.
(a) The annual organizational meeting of each local school council
shall be held at the attendance center. At the annual organization meeting,
which shall be held no sooner than July 1 and no later than July 14, a parent
member of the local school council shall be selected by the members of such
council as its chairperson, and a secretary shall be selected by the members of
such council from among their number, each to serve a term of one year.
Whenever a vacancy in the office of chairperson or secretary of a local school
council shall occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members of the local
school council from among their number to serve as such
chairperson or secretary for the unexpired term of office in which the
vacancy occurs. At each annual organizational meeting, the time and
place of any regular meetings of the local school council shall be fixed.
Special meetings of the local school council may be called by the
chairperson or by any 4 members by giving notice thereof in writing,
specifying the time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open Meetings Act.
(b) Members and officers of the local school council shall serve
without compensation and without reimbursement of any expenses incurred in
the performance of their duties, except that the board of education may by
rule establish a procedure and thereunder provide for reimbursement of
members and officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal expenses) incurred in
the performance of their duties as the board may deem appropriate.
(c) A majority of the full membership of the local school council
shall constitute a quorum, and whenever a vote is taken on any measure
before the local school council, a quorum being present, the affirmative
vote of a majority of the votes of the full membership then serving of the
local school council shall determine the outcome thereof; provided that
whenever the measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance contract or
the inclusion of any provision or modification of the contract, or (iii)
the direct selection by the local school council of a new principal
(including
a new principal to fill a vacancy) to serve under a 4 year performance
contract, or (iv) the determination of the names of candidates to be submitted
to the general superintendent for the position of
principal, the
principal and
student member of a high school council shall not be counted for purposes of
determining whether a quorum is present to act on the measure and shall have no
vote thereon; and provided further that 7 affirmative votes of the local school
council shall be required for the direct selection by the local school
council
of a new principal
to serve under a 4 year performance contract but not for the renewal of a
principal's performance contract.
(d) Student members of high school councils shall not be eligible
to vote on personnel matters, including but not limited to principal
evaluations and contracts and the allocation of teaching and staff resources.
(e) The local school council of an attendance center which provides
bilingual education shall be encouraged to provide translators at each
council meeting to maximize participation of parents and the community.
(f) Each local school council of an attendance center which provides
bilingual education shall create a Bilingual Advisory Committee or
recognize an existing Bilingual Advisory Committee as a standing committee.
The Chair and a majority of the members of the advisory committee shall be
parents of students in the bilingual education program. The parents on the
advisory committee shall be selected by parents of students in the
bilingual education program, and the committee shall select a Chair. The
advisory committee for each secondary attendance center shall include at
least one full‑time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the local school council.
(g) Local school councils may utilize the services of an arbitration
board to resolve intra‑council disputes.
(Source: P.A. 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑2.3) (from Ch. 122, par. 34‑2.3)
Sec. 34‑2.3.
Local school councils ‑ Powers and duties.
Each local school
council shall have and exercise, consistent with the provisions of
this Article and the powers and duties of
the board of education, the following powers and duties:
1. (A) To annually evaluate the performance of the principal of the
attendance
center
using a Board approved principal evaluation form, which shall include the
evaluation of
(i) student academic improvement, as defined by the
school improvement plan, (ii)
student absenteeism rates
at the school, (iii) instructional leadership, (iv) the effective
implementation of
programs, policies, or strategies to improve student academic achievement,
(v) school management, and (vi) any other factors deemed relevant by the local
school council, including, without limitation, the principal's communication
skills and ability to create and maintain a student‑centered learning
environment, to develop opportunities for professional development, and to
encourage parental involvement and community partnerships to achieve school
improvement;
(B) to determine in the manner provided by subsection (c) of Section
34‑2.2 and subdivision 1.5 of this Section whether the performance contract
of the principal shall be
renewed; and
(C) to directly select, in the manner provided by
subsection (c) of
Section 34‑2.2, a new principal (including a new principal to fill a
vacancy)
‑‑ without submitting any list of candidates for that position to the
general superintendent as provided in paragraph 2 of this Section ‑‑ to
serve under a 4 year performance contract; provided that (i) the determination
of whether the principal's performance contract is to be renewed, based upon
the evaluation required by subdivision 1.5 of this Section, shall be made no
later than 150 days prior to the expiration of the current performance‑based
contract of the principal, (ii) in cases where such performance
contract is not renewed ‑‑ a
direct selection
of a
new principal ‑‑ to serve under a 4 year performance contract shall be made by
the local school council no later than 45 days prior to the expiration of the
current performance contract of the principal, and (iii) a
selection by
the local school council of a new principal to fill a vacancy under a 4 year
performance contract shall be made within 90 days after the date such vacancy
occurs. A Council shall be required, if requested by the principal, to provide
in writing the reasons for the council's not renewing the principal's contract.
1.5. The local school council's determination of whether to renew the
principal's contract shall be based on an evaluation to assess the educational
and administrative progress made at the school during the principal's current
performance‑based contract. The local school council shall base its evaluation
on (i) student academic improvement, as defined by the school improvement plan,
(ii) student absenteeism rates at the school, (iii) instructional leadership,
(iv) the effective implementation of programs, policies, or strategies to
improve student academic achievement, (v) school management, and (vi) any
other factors deemed relevant by the local school council, including, without
limitation, the principal's communication skills and ability to create and
maintain a student‑centered learning environment, to develop opportunities for
professional development, and to encourage parental involvement and community
partnerships to achieve school improvement. If a local school council
fails to renew the performance contract of a principal rated by the general
superintendent, or his or her designee, in the previous years' evaluations as
meeting or exceeding expectations, the principal, within 15 days after the
local school council's decision not to renew the contract, may request a review
of the
local school council's principal non‑retention decision by a hearing officer
appointed by the American Arbitration Association. A local school council
member or members or the general superintendent may support the principal's
request for review.
During the period of the hearing officer's review of the local school
council's decision on
whether or not to retain the principal, the local school council shall maintain
all authority
to search for and contract with a person to serve
as interim or acting
principal, or as the
principal of the attendance center under a 4‑year performance contract,
provided that any performance contract entered into by the local school council
shall be voidable
or
modified in accordance with the decision of the hearing officer.
The principal may request review only once while at that
attendance center. If a local school council renews the contract of a
principal who failed to obtain a rating of "meets" or "exceeds expectations" in
the general superintendent's evaluation for the previous year, the general superintendent,
within 15
days after the local
school council's decision to renew the contract,
may request a review of
the local school council's principal retention decision by a hearing officer
appointed by the American Arbitration Association. The general superintendent may request a review only
once
for that principal at that attendance center. All requests to review the
retention or non‑retention of a principal shall be submitted to the general
superintendent, who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association.
The general superintendent shall send a contemporaneous copy of the request
that was forwarded to the American Arbitration Association to the principal and
to each local school council member and shall inform the local school council
of its rights and responsibilities under the arbitration process, including the
local school council's right to representation and the manner and process by
which the Board shall pay the costs of the council's representation.
If the local school council retains the
principal and the general superintendent requests a review of the retention
decision, the local school council and the general
superintendent shall be considered parties to the arbitration, a hearing officer shall
be
chosen between those 2
parties pursuant to procedures promulgated by the State Board of Education,
and the principal may retain counsel and participate in the arbitration. If the local school council does not retain the principal and
the principal requests a review of the retention decision, the local school
council and the principal shall be considered parties to the
arbitration and a hearing
officer shall be chosen between those 2 parties pursuant to procedures
promulgated by the State Board of Education.
The hearing shall begin (i)
within 45 days
after the initial request for review is submitted by the principal to the
general superintendent or (ii) if the
initial request for
review is made by the general superintendent, within 45 days after that request
is mailed
to the American Arbitration Association.
The hearing officer shall render a
decision within 45
days after the hearing begins and within 90 days after the initial request
for review.
The Board shall contract with the American
Arbitration Association for all of the hearing officer's reasonable and
necessary costs. In addition, the Board shall pay any reasonable costs
incurred by a local school council for representation before a hearing
officer.
1.10. The hearing officer shall conduct a hearing, which shall include (i)
a review of the principal's performance, evaluations, and other evidence of
the principal's service at the school, (ii) reasons provided by the local
school council for its decision, and (iii) documentation evidencing views of
interested persons, including,
without limitation, students, parents, local school council members, school
faculty and staff, the principal, the general superintendent or his or her
designee, and members of the community. The burden of proof in establishing
that the local school council's decision was arbitrary and capricious shall be
on the party requesting the arbitration, and this party shall sustain the
burden by a preponderance of the evidence.
The hearing officer shall set the
local school council decision aside if that decision, in light of the record
developed at the hearing, is arbitrary and capricious. The decision of the
hearing officer may not be appealed to the Board or the State Board of
Education. If the hearing officer decides that the principal shall be
retained, the retention period shall not exceed 2 years.
2. In the event (i) the local school council does not renew the
performance contract of the principal, or the principal fails to receive a
satisfactory rating as provided in subsection (h) of Section 34‑8.3,
or the principal is
removed for cause during the term of his or her performance contract
in the manner provided by Section 34‑85, or a vacancy in the position
of principal otherwise occurs prior to the expiration of the term of
a principal's performance contract, and (ii) the local school council
fails to directly select a new principal to serve under a 4 year performance
contract,
the local school council in such event shall submit to the general
superintendent a list of 3 candidates ‑‑ listed in the local school
council's order of preference ‑‑ for the position of principal, one of
which shall be selected by the general superintendent to serve as
principal of the attendance center. If the general superintendent
fails or refuses to select one of the candidates on the list to serve as
principal within 30 days after being furnished with the candidate list,
the general superintendent shall select and place a principal on an interim
basis (i) for a period not to exceed one year or (ii) until the local school
council selects a new principal with 7 affirmative votes as
provided in subsection (c) of Section 34‑2.2, whichever occurs first. If the
local school council
fails or refuses to select and appoint a new principal, as specified by
subsection (c) of Section 34‑2.2, the general superintendent may select and
appoint a new principal on an interim basis for
an additional year or until a new contract principal is selected by the local
school council. There shall be no discrimination on the basis of
race, sex, creed, color or
disability unrelated to ability to perform in
connection with the submission of candidates for, and the selection of a
candidate to serve as principal of an attendance center. No person shall
be directly selected, listed as a candidate for, or selected to serve as
principal of an attendance center (i) if such person has been removed for cause
from employment by the Board or (ii) if such person does not hold a valid
administrative certificate issued or exchanged under Article 21 and
endorsed as required by that Article for the position of principal. A
principal whose performance contract is not renewed as provided under
subsection (c) of Section 34‑2.2 may nevertheless, if otherwise qualified
and certified as herein provided
and if he or she has received a satisfactory rating as provided in subsection
(h) of Section 34‑8.3, be included by a local school council as
one of the 3 candidates listed in order of preference on any candidate list
from which one person is to be selected to serve as principal of the
attendance center under a new performance contract. The initial candidate
list required to be submitted by a local school council to the general
superintendent in cases where the local school council does not renew the
performance contract of its principal and does not directly select a new
principal to serve under a 4 year performance contract shall be submitted
not later than
30 days prior to the expiration of the current performance contract. In
cases where the local school council fails or refuses to submit the candidate
list to the general superintendent no later than 30 days prior to the
expiration of the incumbent principal's contract, the general superintendent
may
appoint a principal on an interim basis for a period not to exceed one year,
during which time the local school council shall be able to select a new
principal with 7 affirmative votes as provided in subsection (c) of Section
34‑2.2. In cases where a principal is removed for cause or a
vacancy otherwise occurs in the position of principal and the vacancy is
not filled by direct selection by the local school council, the candidate
list shall be submitted by the local school council to the general
superintendent within 90 days after the date such
removal or
vacancy occurs.
In cases where the local school council fails or refuses to submit the
candidate list to the general superintendent within 90 days after the date of
the vacancy, the general superintendent may appoint a principal on an interim
basis for a period of one year, during which time the local school council
shall be able to select a new principal with 7 affirmative votes as provided in
subsection (c) of Section 34‑2.2.
2.5. Whenever a vacancy in the office of a principal occurs for any reason,
the vacancy shall be filled in the manner provided by this Section by the
selection of a new principal to serve under a 4 year performance contract.
3. To establish additional criteria
to be included as part of
the
performance contract of its principal, provided that such additional
criteria shall not discriminate on the basis of race, sex, creed, color
or
disability unrelated to ability to perform, and shall not be inconsistent
with the uniform 4 year performance contract for principals developed by
the board as provided in Section 34‑8.1 of the School Code
or with other provisions of this Article governing the
authority and responsibility of principals.
4. To approve the expenditure plan prepared by the principal with
respect to all funds allocated and distributed to the attendance center by
the Board. The expenditure plan shall be administered by the principal.
Notwithstanding any other provision of this Act or any other law, any
expenditure plan approved and
administered under this Section 34‑2.3 shall be consistent with and subject to
the terms of any contract for services with a third party entered into by the
Chicago School Reform Board of Trustees or the board under this Act.
Via a supermajority vote of 7 members of the local school council or 8
members of a high school local school council, the Council may transfer
allocations pursuant to Section 34‑2.3 within funds; provided that such a
transfer is consistent with applicable law and
collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the
Board may reserve up to 1% of its total fiscal year budget for
distribution
on a prioritized basis to schools throughout the school system in order to
assure adequate programs to meet the needs of
special student populations as determined by the Board. This distribution
shall take into account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school councils.
Information about these centrally funded programs shall be distributed to
the local school councils so that their subsequent planning and programming
will account for these provisions.
Beginning in fiscal year 1991 and in each fiscal year thereafter, from
other amounts available in the applicable fiscal year budget, the board
shall allocate a lump sum amount to each local school based upon
such formula as the board shall determine taking into account the special needs
of the student body. The local school
principal shall develop an expenditure plan in consultation with the local
school council, the professional personnel leadership
committee and with all
other school personnel, which reflects the
priorities and activities as described in the school's local school
improvement plan and is consistent with applicable law and collective
bargaining agreements and with board policies and standards; however, the
local school council shall have the right to request waivers of board policy
from the board of education and waivers of employee collective bargaining
agreements pursuant to Section 34‑8.1a.
The expenditure plan developed by the principal with respect to
amounts available from the fund for prioritized special needs programs
and the allocated lump sum amount must be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds | ||
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b. Other personnel: Funds for other teacher | ||
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c. Non‑compensation items: Appropriations for all | ||
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d. Funds for categorical programs: Schools shall | ||
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d.1. Funds for State Title I: Each school shall | ||
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e. The Local School Council shall have the right to | ||
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f. Operating within existing laws and collective | ||
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g. (Blank).
Any funds unexpended at the end of the fiscal year shall be available to
the board of education for use as part of its budget for the following
fiscal year.
5. To make recommendations to the principal concerning textbook
selection and concerning curriculum developed pursuant to the school
improvement plan which is consistent with systemwide curriculum objectives
in accordance with Sections 34‑8 and 34‑18 of the School Code and in
conformity with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to the provisions
of this Article and Article 26, and consistent with the uniform system of
discipline established by the board pursuant to Section 34‑19.
7. To approve a school improvement plan developed as provided in Section
34‑2.4. The process and schedule for plan development shall be publicized
to the entire school community, and the community shall be afforded the
opportunity to make recommendations concerning the plan. At least twice a
year the principal and
local
school council shall report publicly on
progress and problems with respect to plan implementation.
8. To evaluate the allocation of teaching resources and other
certificated and uncertificated staff to the attendance center to determine
whether such allocation is consistent with and in furtherance of
instructional objectives and school programs reflective of the school
improvement plan adopted for the attendance center; and to make
recommendations to the board, the general superintendent
and the
principal concerning any reallocation of teaching resources
or other staff whenever the council determines that any such
reallocation is appropriate because the qualifications of any existing
staff at the attendance center do not adequately match or support
instructional objectives or school programs which reflect the school
improvement plan.
9. To make recommendations to the principal and the general superintendent
concerning their respective appointments, after August 31, 1989, and in the
manner provided by Section 34‑8 and Section 34‑8.1,
of persons to fill any vacant, additional or newly created
positions for teachers at the attendance center or at attendance centers
which include the attendance center served by the local school council.
10. To request of the Board the manner in which training and
assistance shall be provided to the local school council. Pursuant to Board
guidelines a local school council is authorized to direct
the Board of Education to contract with personnel or not‑for‑profit
organizations not associated with the school district to train or assist
council members. If training or assistance is provided by contract with
personnel or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours during a given
school year; person shall not be employed on a continuous basis longer than
said period and shall not have been employed by the Chicago Board of
Education within the preceding six months. Council members shall receive
training in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance | ||
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3. personnel selection.
Council members shall, to the greatest extent possible, complete such
training within 90 days of election.
11. In accordance with systemwide guidelines contained in the
System‑Wide Educational Reform Goals and Objectives Plan, criteria for
evaluation of performance shall be established for local school councils
and local school council members. If a local school council persists in
noncompliance with systemwide requirements, the Board may impose sanctions
and take necessary corrective action, consistent with Section 34‑8.3.
12. Each local school council shall comply with the Open Meetings Act and
the Freedom of Information Act. Each local school council shall issue and
transmit to its school community a detailed annual report accounting for
its activities programmatically and financially. Each local school council
shall convene at least 2 well‑publicized meetings annually with its entire
school community. These meetings shall include presentation of the
proposed local school improvement plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity for public
comment.
13. Each local school council is encouraged to involve additional
non‑voting members of the school community in facilitating the council's
exercise of its responsibilities.
14. The local school council may adopt a school
uniform or dress
code policy that governs the attendance center and that is
necessary to maintain the orderly process of a school function or prevent
endangerment of student health or safety, consistent with the policies and
rules of the Board of Education.
A school uniform or dress code policy adopted
by a local school council: (i) shall not be applied in such manner as to
discipline or deny attendance to a transfer student or any other student for
noncompliance with that
policy during such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with the dress code
policy that is in effect at the attendance center into which the student's
enrollment is transferred; and (ii) shall include criteria and procedures under
which the local school council will accommodate the needs of or otherwise
provide
appropriate resources to assist a student from an indigent family in complying
with an applicable school uniform or dress code policy.
A student whose parents or legal guardians object on religious grounds to the
student's compliance with an applicable school uniform or dress code policy
shall not be required to comply with that policy if the student's parents or
legal guardians present to the local school council a signed statement of
objection detailing the grounds for the objection.
15. All decisions made and actions taken by the local school council in
the exercise of its powers and duties shall comply with State and federal
laws, all applicable collective bargaining agreements, court orders and
rules properly promulgated by the Board.
15a. To grant, in accordance with board rules and policies,
the use of assembly halls and classrooms when not otherwise needed,
including lighting, heat, and attendants, for public lectures, concerts, and
other educational and social activities.
15b. To approve, in accordance with board rules and policies, receipts and
expenditures for all internal accounts of the
attendance center, and to approve all fund‑raising activities by nonschool
organizations that use the school building.
16. (Blank).
17. Names and addresses of local school council members shall
be a matter of public record.
(Source: P.A. 93‑48, eff. 7‑1‑03.)
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(105 ILCS 5/34‑2.3a) (from Ch. 122, par. 34‑2.3a)
Sec. 34‑2.3a.
Recommendations of the Principal.
The principal of each
attendance center shall be encouraged to make recommendations to the
appropriate local school council concerning all educational aspects of the
attendance center.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑2.3b)
Sec. 34‑2.3b.
Local School Council Training.
The board shall collaborate
with universities and other interested entities and individuals to offer
training to local school council members on topics relevant to school
operations and their responsibilities as local school council members,
including but not limited to legal requirements, role differentiation,
responsibilities, and authorities, and improving student achievement. Training
of local school council members shall be provided at the direction of the board in consultation with the Council of
Chicago‑area Deans of Education. Incoming local school council members shall
be required to complete a 3‑day training program provided under this
Section within 6 months of taking office. The board shall monitor the
compliance of incoming local school council members with the 3‑day training
program requirement established by this Section. The board shall declare
vacant the office of a local school council member who fails to complete the
3‑day training program provided under this Section within the 6 month period
allowed. Any such vacancy shall be filled as provided in subsection (o) of
Section 34‑2.1 by appointment of another person qualified to hold the office.
In addition to requiring local school council members to complete the 3‑day
training program under this Section, the board may encourage local school
council members to complete additional training during their term of office and
shall provide recognition for individuals completing that additional training.
The board is authorized to collaborate with universities, non‑profits, and
other interested organizations and individuals to offer additional training to
local school council members on a regular basis during their term in office.
The board shall not be required to bear the cost of the required 3‑day training
program or any additional training provided to local school council members
under this Section.
The board shall also offer training to aid local school councils in
developing principal evaluation procedures and criteria. The board shall
send out requests for proposals concerning this training and is authorized to
contract with universities, non‑profits, and other interested organizations and
individuals to provide this training. The board is authorized to use funds
from private organizations, non‑profits, or any other outside source as well
as its own funds for this purpose.
(Source: P.A. 90‑100, eff. 7‑11‑97; 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑2.4) (from Ch. 122, par. 34‑2.4)
Sec. 34‑2.4.
School improvement plan.
A 3 year local school
improvement plan shall be developed and implemented at each attendance center.
This plan shall reflect the overriding purpose of the attendance center to
improve educational quality. The local school principal shall develop a
school improvement plan in consultation with the local school council, all
categories of school staff, parents and community residents. Once the plan
is developed, reviewed by the professional personnel leadership committee,
and approved by the local school council, the
principal shall be responsible for directing implementation of the plan,
and the local school council shall monitor its implementation. After the
termination of the initial 3 year plan, a new 3 year plan shall be
developed and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve priority goals
including but not limited to:
(a) assuring that students show significant progress | ||
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(b) assuring that students attend school regularly | ||
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(c) assuring that students are adequately prepared | ||
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(d) assuring that students are adequately prepared | ||
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(e) assuring that students are, to the maximum | ||
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With respect to these priority goals, the school improvement plan shall
include but not be limited to the following:
(a) an analysis of data collected in the attendance | ||
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(b) a description of specific annual objectives the | ||
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(c) a description of the specific activities the | ||
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(d) an analysis of the attendance center's staffing | ||
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(e) a description of the key assumptions and | ||
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(f) a description of the steps that will be taken to | ||
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(g) a description of any steps which may be taken by | ||
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(h) a description of the steps the attendance center | ||
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(i) a description of any staff development program | ||
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(j) a description of the steps the local school | ||
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(k) a description of the steps the attendance center | ||
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(l) a description of the steps the attendance center | ||
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(m) a description of the steps the attendance center | ||
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(n) a description of the student need for and | ||
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Based on the analysis of data collected indicating specific strengths and
weaknesses of the attendance center, the school improvement plan may place
greater emphasis from year to year on particular priority goals, objectives,
and activities.
(Source: P.A. 93‑48, eff. 7‑1‑03.)
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(105 ILCS 5/34‑2.4a) (from Ch. 122, par. 34‑2.4a)
Sec. 34‑2.4a.
Professional personnel leadership committee.
(a) At each
attendance center operated pursuant to this Article, a professional
personnel leadership committee consisting of (i) up to 7
members
elected each school year who are certified classroom teachers or
other certificated personnel, who are employed at the attendance
center, and
who desire to be members of the committee
and (ii) the 2 teacher members of the local school council. The teacher
members of the local school council shall serve as co‑chairs of the
committee, or one teacher member of the local school council chosen by
the committee shall serve as chair of the committee.
The size of the committee shall be determined by the certified classroom
teachers and other certificated personnel at the attendance center,
including the principal.
(b) The purpose of the committee is to develop and formally
present recommendations to the principal and the local school council on
all matters of educational program, including but not limited to
curriculum,
school improvement plan development and implementation, and school
budgeting.
(c) For the elected committee members, the principal
shall convene a publicized meeting of all certified classroom teachers and
other certificated personnel, at which meeting those certified classroom
teachers and other certificated personnel present, excluding the principal,
shall elect members to serve
on the
committee. A staff member eligible to vote
may vote for
the same number of candidates in the election as the number of members to
be elected, but votes shall not
be cumulated. Ties shall be determined by lot. Vacancies shall be filled
in like manner.
(d) All committee meetings shall be held before or after school
with no loss of instructional time. Committee members shall receive no
compensation for their activities as committee members.
(e) In furtherance of its purpose, the committee shall have the
authority to gather information from school staff through interviews, on
noninstructional time, without the prior approval of the principal, the local
school council, the board, the board's chief executive officer, or the chief
executive officer's administrative staff.
The committee shall meet once a month with the principal
to make recommendations to the principal regarding the specific
methods and contents of the school's curriculum and to make other
educational
improvement recommendations approved by the
committee. A report from the committee regarding these matters may be
an agenda item at each regular meeting of the local school council.
The principal shall provide the committee with the opportunity to
review and make recommendations regarding the school improvement
plan and school budget. The teacher members of the local school council
may bring motions concerning the recommendations approved by the
committee, which motions shall formally be considered at meetings of the local
school council.
(Source: P.A. 93‑48, eff. 7‑1‑03.)
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(105 ILCS 5/34‑2.4b) (from Ch. 122, par. 34‑2.4b)
Sec. 34‑2.4b.
Limitation upon applicability.
The provisions of
Sections 34‑2.1, 34‑2.2, 34‑2.3, 34‑2.3a, 34‑2.4 and 34‑8.3, and
those provisions of paragraph 1 of Section 34‑18 and paragraph (c) of
Section 34A‑201a relating to the allocation or application ‑‑ by formula or
otherwise ‑‑ of lump sum amounts and other funds to attendance centers,
shall not apply to attendance centers that have applied for and
been designated as a "Small School" by the Board, the
Cook County Juvenile Detention Center and Cook
County Jail schools, nor to the district's alternative schools for pregnant
girls, nor to alternative schools established under Article 13A,
nor to the
Michael R. Durso School, the Jackson Adult Center, the Hillard Adult
Center, the Alternative Transitional School, or any other attendance
center designated by the Board as an alternative school, provided that the
designation is not applied to a school building that has in place a legally
constituted local school council; and the board of education shall have and
exercise with respect to those schools and with respect to the conduct,
operation, affairs and budgets of those schools, and with respect to the
principals, teachers and other school staff there employed, the same powers
which are exercisable by local school councils with respect to the other
attendance centers, principals, teachers and school staff within the
district, together with all powers and duties generally exercisable by the
board of education with respect to all attendance centers within the
district. The board of education shall develop appropriate alternative
methods for involving parents, community members and school staff to the
maximum extent possible in all of the activities of those schools, and may
delegate to the parents, community members and school staff so involved the
same powers which are exercisable by local school councils with respect to
other attendance centers.
(Source: P.A. 90‑566, eff. 1‑2‑98; 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑2.4c)
Sec. 34‑2.4c.
Whistle Blower Protection.
(a) In any case involving the disclosure of information by an employee of
the board of education or a local school council member, which the employee or
member reasonably believes evidences (1) a violation of any law, rule,
regulation, or policy, or (2) waste, fraud, mismanagement, abuse of authority,
or a danger to the health or safety of students or the public, the identity of
the employee or members may not be disclosed without the written consent of the
employee or member during any investigation of the information or related
matters.
(b) No disciplinary action may be taken against any employee or local
school council member for the disclosure of information by that employee or
local school council member that evidences (1) a violation of
any law, rule, regulation, or policy, or (2) waste, fraud, mismanagement, abuse
of authority, or a danger to the health or safety of a student or the public.
For the purposes of this Section, disciplinary action means any retaliatory
action taken against an employee or local school council member by the board of
education, employees of the board of education, local school councils, or
exclusive bargaining representatives of employees, including, but not limited
to, reprimand, suspension, discharge, demotion, involuntary transfer,
harassment, or denial of promotion or voluntary transfer.
(c) A violation of this Section shall be a Class A misdemeanor.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑2.5) (from Ch. 122, par. 34‑2.5)
Sec. 34‑2.5.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑3.1) (from Ch. 122, par. 34‑3.1)
Sec. 34‑3.1.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑3.2) (from Ch. 122, par. 34‑3.2)
Sec. 34‑3.2.
Board training.
After January 1, 1990 all board members
shall participate in training provided by board employees or
not‑for‑profit organizations, including without limitation the following:
1. budget and revenue review;
2. education theory and governance;
3. governmental relations;
4. school‑based management; and
5. State and federal education law and regulations.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑3.3)
Sec. 34‑3.3.
Chicago School Reform Board of Trustees; powers and duties;
chief operating, fiscal, educational, and purchasing officers. The General
Assembly finds that an education crisis exists in the Chicago Public Schools
and that a 5‑member Chicago School Reform Board of Trustees shall be
established for a 4 year period to bring educational and financial
stability to the system. The Trustees and their chief executive officer are
empowered and directed to:
(i) increase the quality of educational services in the Chicago Public Schools;
(ii) reduce the cost of non‑educational services and implement cost‑saving
measures including the privatization of services where deemed appropriate;
(iii) develop a long‑term
financial plan that to the maximum extent possible reflects a balanced budget
for each year; (iv) streamline and strengthen the management of the system,
including a responsible school‑based budgeting process, in order to refocus
resources on student achievement; (v) ensure ongoing academic improvement in
schools through the establishment of an Academic Accountability Council and a
strong school improvement and recognition process; (vi) enact policies and
procedures that ensure the system runs in an ethical as well as efficient
manner; (vii) establish within 60 days after the effective date of this
amendatory Act of 1995, develop, and implement a process for the selection of a
local school council advisory board for the Trustees in which those individuals
active on Local School Councils serve an advisory role to the Trustees; (viii)
establish any organizational structures, including regional offices, that it
deems necessary to ensure the efficient and effective operation of the system;
and (ix) provide for such other local school council advisory bodies as the
Trustees deem appropriate to function in an advisory capacity to any other
organizations or offices established by the Trustees under clause (viii) of
this Section.
(a) Unless otherwise provided in this Article, the Trustees shall have all
powers and duties exercised and performed by the Chicago Board
of Education at the time the terms of its members are abolished as provided in
subsection (a) of Section 34‑3.
(b) The Mayor shall appoint a chief executive officer who shall be a person
of recognized administrative ability
and management experience, who shall be responsible for the management of
the system, and who shall have all
other powers and duties of the general superintendent as set forth in this
Article 34. The chief executive officer shall make recommendations to the
Trustees with respect to contracts, policies, and procedures.
(c) The chief executive officer shall appoint, with the approval of the
Trustees, a chief operating officer, a chief fiscal officer, a chief
educational officer, and a chief purchasing officer to serve until June
30, 1999. These officers shall be assigned duties and responsibilities
by the chief executive officer. The chief operating officer, the chief fiscal
officer, the chief educational officer, and the chief purchasing officer may be
granted authority to hire a specific number of employees to assist in meeting
immediate responsibilities. The chief executive officer may remove any
officer, subject to the approval of the Trustees. Conditions of employment for
such personnel shall not be subject to the provisions of Section 34‑85.
(d) Upon the expiration on June 30, 1999 of the terms of office of the
chief executive, operating, fiscal, educational, and purchasing officers
appointed under this Section and the appointment of a new Chicago Board of
Education under subsection (b) of Section 34‑3, the board may retain,
reorganize, or abolish any or all of those offices and appoint qualified
successors to fill any of those offices that it does not abolish.
(e) The Trustees shall report to the State Superintendent of Education
with respect to its performance, the nature of the reforms which it has
instituted, the effect those reforms have had in the operation of the central
administrative office and in the performance of pupils, staff, and members of
the
local school councils at the several attendance centers within the district,
and such other matters as the Trustees deem necessary to help assure
continuing improvement in the public school system of the district. The
reports shall be public documents and shall be made annually, beginning with
the school year that commences in 1995 and concluding in the school year
beginning in 1999.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑3.5)
Sec. 34‑3.5.
Partnership agreement on advancing student
achievement; No Child Left Behind Act of 2001.
(a) The General Assembly finds that the Chicago Teachers Union,
the Chicago Board of Education, and the district's chief executive officer
have a common responsibility beyond their statutory collective
bargaining relationship to institute purposeful education reforms in the
Chicago Public Schools that maximize the number of students in the
Chicago Public Schools who reach or exceed proficiency with regard to State
academic standards and assessments. The General Assembly further
finds that education reform in the Chicago Public Schools must be
premised on a commitment by all stakeholders to redefine relationships,
develop, implement, and evaluate programs, seek new and additional
resources, improve the value of educational programs to students,
accelerate the quality of teacher training, improve instructional
excellence, and develop and implement strategies to comply with the
federal No Child Left Behind Act of 2001 (Public Law 107‑110).
The Chicago Board of Education and the district's chief executive
officer shall enter into a partnership agreement with the Chicago
Teachers Union to allow the parties to work together to advance the
Chicago Public Schools to the next level of education reform. This
agreement must be entered into and take effect within 90 days after the
effective date of this amendatory Act of the 93rd General Assembly. As
part of this agreement, the Chicago Teachers Union, the Chicago Board
of Education, and the district's chief executive officer shall jointly file a
report with the General Assembly at the end of each school year with
respect to the nature of the reforms that the parties have instituted, the
effect
of these reforms on student achievement, and any other matters that the
parties deem relevant to evaluating the effectiveness of the agreement.
(b) Decisions concerning matters of inherent managerial policy
necessary to comply with the federal No Child Left Behind Act of 2001
(Public Law 107‑110), including such areas of discretion or policy as the
functions of the employer, the standards and delivery of educational
services and programs, the district's overall budget, the district's
organizational structure, student assignment, school choice, and the
selection of new employees and direction of employees, and the impact of
these decisions on individual employees or the bargaining unit shall be
permissive subjects of bargaining between the educational employer and
the exclusive bargaining representative and are within the sole discretion
of the educational employer to decide to bargain.
This subsection (b) is
exclusive of the parties' obligations and responsibilities under Section
4.5 of the Illinois Educational Labor Relations Act
(provided that any dispute or impasse that
may arise
under this subsection (b) shall be
resolved exclusively as set forth in subsection (b) of Section 12 of the
Illinois
Educational Labor Relations Act in lieu of a strike under Section 13 of
the Illinois Educational Labor Relations Act).
(Source: P.A. 93‑3, eff. 4‑16‑03.)
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(105 ILCS 5/34‑4) (from Ch. 122, par. 34‑4)
Sec. 34‑4.
Eligibility.
To be eligible for appointment to the board, a
person shall be a citizen of the United States, shall be a registered voter
as provided in the Election Code, shall have been a resident of the city for at
least 3 years immediately
preceding his or her appointment, and shall not be a child sex offender
as defined in Section 11‑9.3 of the
Criminal Code of 1961. Permanent removal from the city by any member of
the board during his term of office constitutes a resignation therefrom and
creates a vacancy in the board. Except for the President of the Chicago
School Reform Board of Trustees who may be paid compensation for his or her
services as chief executive officer as determined by the Mayor as provided in
subsection (a) of Section 34‑3, board members shall serve without any
compensation; provided, that board members shall be reimbursed for expenses
incurred while in the performance of their duties upon submission of proper
receipts or upon submission of a signed voucher in the case of an expense
allowance evidencing the amount of such reimbursement or allowance to the
president of the board for verification and approval. The board of
education may continue to provide health care insurance coverage, employer
pension contributions, employee pension contributions, and life insurance
premium payments for an employee required to resign from
an administrative, teaching, or career service position in order to qualify
as a member of the board of education. They shall not hold other public
office under the Federal, State or any local government other than that of
Director of the Regional Transportation Authority, member of the economic
development commission of a city having a population exceeding 500,000,
notary public or member of the National Guard, and by accepting any such
office while members of the board, or by not resigning any such office held
at the time of being appointed to the board within 30 days after such
appointment, shall be deemed to have vacated their membership in the board.
(Source: P.A. 93‑309, eff. 1‑1‑04.)
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(105 ILCS 5/34‑4.5)
Sec. 34‑4.5.
Chronic truants.
(a) Office of Chronic Truant Adjudication. The board shall establish and
implement an Office of Chronic Truant Adjudication, which shall be responsible
for administratively adjudicating cases of chronic truancy and imposing
appropriate sanctions. The board shall appoint or employ hearing officers to
perform the adjudicatory functions of that Office. Principals
and other appropriate personnel may refer pupils suspected of being
chronic truants, as defined in Section 26‑2a of this Code, to the Office of
Chronic Truant Adjudication.
(b) Notices. Before any hearing may be held under subsection (c), the
principal of
the school attended by the pupil or the principal's designee shall notify the
pupil's parent or guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or guardian notice of
the tenth unexcused absence of the pupil, the principal or the principal's
designee shall send the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian that he or she is
subjecting himself or herself to a hearing procedure as provided under
subsection (c) and clearly describing any and all possible penalties that may
be imposed as provided for in subsections (d) and (e) of this Section.
(c) Hearing. Once a pupil has been referred to the Office of Chronic Truant
Adjudication, a hearing shall be scheduled before an appointed hearing officer,
and the pupil and the pupil's parents or guardian shall be notified by
certified mail, return receipt requested stating the time, place, and purpose
of the
hearing. The hearing officer shall hold a hearing and render a written
decision within 14 days determining whether the pupil is a chronic truant as
defined in Section 26‑2a of this Code and whether the parent or guardian took
reasonable steps to assure the pupil's attendance at school. The hearing shall
be private unless a public hearing is requested by the pupil's parent or
guardian, and the pupil may
be present at the
hearing with
a representative in addition to the pupil's parent or guardian. The board
shall present evidence of the pupil's truancy, and the pupil and
the parent or guardian or representative of the pupil may cross examine
witnesses,
present witnesses and evidence, and present defenses to the charges. All
testimony at the hearing shall be taken under oath administered by the hearing
officer. The decision of the hearing officer shall constitute an
"administrative decision" for purposes of judicial review under the
Administrative Review Law.
(d) Penalties. The hearing officer may require the pupil or the pupil's
parent or guardian or both the pupil and the pupil's parent or guardian to do
any or all of the following: perform reasonable school or community services
for a period not to exceed 30 days; complete a parenting education program;
obtain counseling or other supportive services; and comply with an
individualized
educational plan or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he or she
took reasonable steps to insure attendance of the pupil at school, he or she
shall not be required to perform services.
(e) Non‑compliance with sanctions. If a pupil determined by a hearing
officer to be a chronic truant or the parent or guardian of the pupil fails to
comply with the sanctions ordered by the hearing officer under subsection (c)
of this Section, the Office of Chronic Truant Adjudication may refer the
matter to the State's Attorney for prosecution under Section 3‑33 of the
Juvenile Court Act of 1987.
(f) Limitation on applicability. Nothing in this Section shall be construed
to apply to a parent or guardian of a pupil not required to attend a public
school pursuant to Section 26‑1.
(Source: P.A. 90‑143, eff. 7‑23‑97; 90‑566, eff. 1‑2‑98.)
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(105 ILCS 5/34‑5) (from Ch. 122, par. 34‑5)
Sec. 34‑5.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑6) (from Ch. 122, par. 34‑6)
Sec. 34‑6.
Superintendent of schools.
After June 30, 1999, the board
may, by a vote of a majority of its full membership, appoint a
general superintendent of schools to serve pursuant to a performance‑based
contract for a term ending on June 30th of the third calendar year after
his or her appointment. He shall be the chief administrative officer of
the board and shall have charge and
control, subject to the approval of the board and to other
provisions of this Article, of all departments and the
employees therein of public schools, except the law department. He shall
negotiate contracts with all
labor organizations which are exclusive representatives of educational
employees employed under the
Illinois Educational Labor Relations Act. All contracts shall be subject to
approval of the Board of Education. The board may conduct a
national
search for a general superintendent. An incumbent general superintendent
may not be precluded from being included in such national search.
Persons appointed pursuant to this Section shall be exempt from the
provisions and requirements of Sections 21‑1, 21‑1a and 21‑7.1.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑6.1) (from Ch. 122, par. 34‑6.1)
Sec. 34‑6.1.
The president or general superintendent shall report any
requests made of the district under provisions of The Freedom of
Information Act and shall report the status of the district's response.
(Source: P.A. 85‑942.)
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(105 ILCS 5/34‑7) (from Ch. 122, par. 34‑7)
Sec. 34‑7.
Establishment of departments.
The board of education shall establish such general departments as it
may deem necessary or appropriate and determine the duties and functions of
each. The heads of such departments shall be appointed by the general
superintendent of schools subject to the approval of a majority of the full
membership of the board. Nothing contained in this Section shall apply to
the law department.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑8) (from Ch. 122, par. 34‑8)
Sec. 34‑8.
Powers and duties of general superintendent.
The general superintendent of schools shall prescribe and control,
subject to the approval of the board and to other provisions of this
Article, the courses of study mandated by State law, textbooks,
educational apparatus and equipment, discipline in and conduct of the
schools, and shall perform such other duties as the board may by rule
prescribe. The superintendent shall also notify the State Board of
Education, the board and the chief administrative official, other than the
alleged perpetrator himself, in the school where the alleged perpetrator
serves, that any person who is employed in a school or otherwise comes into
frequent contact with children in the school has been named as a
perpetrator in an indicated report filed pursuant to the Abused and
Neglected Child Reporting Act, approved June 26, 1975, as amended.
The general superintendent may be granted the authority by the board
to hire a specific number of employees to assist in meeting immediate
responsibilities. Conditions of employment for such personnel shall not be
subject to the provisions of Section 34‑85.
The general superintendent may, pursuant to a delegation of authority by
the board and Section 34‑18, approve contracts and expenditures.
Pursuant to other provisions of this Article, sites shall be selected,
schoolhouses located thereon and plans therefor approved, and textbooks
and educational apparatus and equipment shall be adopted and purchased
by the board only upon the recommendation of the general superintendent
of schools or by a majority vote of the full membership of the board
and, in the case of textbooks, subject to Article 28 of this Act. The
board may furnish free textbooks to pupils and may publish its own
textbooks and manufacture its own apparatus, equipment and supplies.
In addition, in January of each year, beginning in 1990, the general
superintendent of schools shall report to the regional superintendent of
schools of the educational service region in which the school district
organized under this Article is located, the number of high school students
in the district who are enrolled in accredited courses (for which high
school credit will be awarded upon successful completion of the courses) at
any community college, together with the name and number of the course or
courses which each such student is taking.
The general superintendent shall also have the authority to monitor the
performance of attendance centers, to identify and place an attendance
center on remediation and probation, and to recommend to the board that the
attendance center be placed on intervention and be reconstituted, subject to
the provisions of Sections 34‑8.3 and 8.4.
The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board approved
principal evaluation form. The evaluation
shall be based on factors, including the following:
(i) student academic improvement, as defined by the
school improvement plan; (ii) student absenteeism rates at the school;
(iii) instructional leadership;
(iv) effective implementation of programs, policies, or strategies to
improve student academic achievement; (v) school management;
and (vi) other factors, including, without limitation, the principal's
communication skills and ability to create and maintain a
student‑centered learning environment, to develop
opportunities for professional development, and to encourage parental
involvement and community partnerships to achieve school improvement.
(Source: P.A. 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑8.05)
Sec. 34‑8.05.
Reporting firearms in schools.
On or after January 1,
1997,
upon receipt of any written,
electronic, or verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or leased property,
including any conveyance owned,
leased, or used by the school for the transport of students or school
personnel, the general superintendent or his or her designee shall report all
such
firearm‑related incidents occurring in a school or on school property to the
local law enforcement authorities no later than 24 hours after the occurrence
of the incident and to the Department of State Police in a form, manner, and
frequency as prescribed by the Department of State Police.
The State Board of Education shall receive an annual statistical compilation
and related data associated with incidents involving firearms in schools from
the Department of State Police. As used in this Section, the term "firearm"
shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
(Source: P.A. 89‑498, eff. 6‑27‑96.)
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(105 ILCS 5/34‑8.1) (from Ch. 122, par. 34‑8.1)
(Text of Section from P.A. 93‑3)
Sec. 34‑8.1.
Principals.
Principals shall be employed to supervise the
operation of each attendance center. Their powers and duties shall include
but not be limited to the authority (i) to
direct, supervise, evaluate, and suspend with or without pay or otherwise
discipline all teachers, assistant principals, and other employees assigned to
the attendance center in accordance with board rules and policies and (ii) to
direct
all other persons assigned to the
attendance center pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and layoff shall be
vested solely with the board, provided that decisions to
discharge or suspend
non‑certified employees, including disciplinary layoffs, and the
termination of certified employees from employment pursuant to a layoff
or reassignment policy are subject to review under the grievance resolution
procedure adopted pursuant to subsection (c) of Section 10 of the Illinois
Educational Labor Relations Act. The grievance resolution procedure
adopted by the board shall provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary, the
arbitrator's decision may include all make‑whole relief, including without
limitation reinstatement. The principal shall fill positions by
appointment as provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any individual. The
authority of the principal shall include the
authority to direct the hours during which the attendance center
shall be open and available for use provided the use complies with board rules
and policies, to determine when and what operations shall be conducted within
those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority
of the principal, the Engineer In Charge shall
be accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training,
and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and other plant
operation employees under his or her direction.
There shall be established by the board a system of semi‑annual
evaluations conducted by the principal as to performance of the engineer in charge. Nothing
in this Section shall prevent the principal from conducting additional
evaluations. An overall
numerical rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall result in
disciplinary
action, which may include, without limitation and in the judgment of the
principal, loss of
promotion
or bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish
procedures for conducting the
evaluation
and reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of, the principal, the
Food Service Manager is responsible at
all times for the proper operation and maintenance of the lunch room to which
he is assigned and shall also be responsible for the orientation, training, and
supervising the work of cooks, bakers, porters,
and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of semi‑annual
evaluations conducted by the principal as to the performance of the food
service manager.
Nothing in this Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be given by the
principal based on the
evaluation conducted by the principal. An unsatisfactory numerical rating
shall
result in disciplinary action which may include, without limitation and in
the judgment of the principal, loss of promotion or bidding procedure,
reprimand, suspension with or without pay, or recommended dismissal. The board
shall establish rules for conducting the evaluation and
reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the employment or
assignment of an Engineer‑In‑Charge or a Food Service Manager for each
attendance center.
Principals shall be employed to supervise the educational operation of
each attendance center. If a principal is absent due to extended
illness or leave or absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each principal
shall assume administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program of the
attendance center to which he is assigned. The principal shall submit
recommendations to the general superintendent concerning the appointment,
dismissal, retention, promotion, and assignment of all personnel assigned to
the attendance center; provided, that from and after September 1, 1989: (i) if
any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with procedures
established and provided by the Board
whenever the majority of the duties included in that position are to be
performed at the attendance center which is under the principal's supervision,
and each such appointment so made by the principal
shall be made and based upon merit and ability to perform in that position
without regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation obligations,
including but not limited to the Consent Decree and Desegregation Plan in
U.S. v. Chicago Board of Education; (ii)
the principal shall submit recommendations based upon merit and ability to
perform in the particular position, without regard to
seniority or length of service, to the general
superintendent
concerning the appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is
to be made by the general superintendent whenever less than
a majority
of the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed
at the attendance center which is under the principal's supervision; and
(iii) subject to law and the applicable collective bargaining agreements,
the authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an attendance
center shall commence immediately upon his or her appointment as principal
of the attendance center, without regard to the length of time that he or
she has been the principal of that attendance center.
Notwithstanding the existence of any other law of this State, nothing in
this Act shall prevent the board from entering into a contract with a third
party for services currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each principal may
approve contracts, binding on the board, in the amount of no more than $10,000,
if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the principal
shall provide to local
school council members copies of all
internal audits and any other pertinent information generated by any audits or
reviews of the programs and operation of the attendance center.
Each principal shall hold a valid administrative
certificate issued or exchanged in accordance with Article 21 and endorsed
as required by that Article for the position of principal. The board may
establish or impose academic,
educational, examination, and experience requirements and
criteria that are in addition
to those established and required by Article 21 for issuance of a valid
certificate endorsed for the position of principal as a condition of the nomination, selection,
appointment,
employment, or continued employment of a person as principal of any
attendance center, or as a condition of the renewal of any principal's
performance contract.
The board shall specify in its formal job description for principals,
and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all principals,
that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
The principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34‑2.4 and, upon
approval of the plan by the local school council, shall
be responsible for directing implementation of the plan. The principal,
with the assistance of the Professional Personnel Advisory Committee, shall
develop the specific methods and contents of the school's curriculum within
the board's system‑wide curriculum standards and objectives and the
requirements of the school improvement plan. The board shall ensure that all
principals are evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning climate. It shall also
be the responsibility of the principal to utilize resources of proper law
enforcement agencies when the safety and welfare of students and teachers are
threatened by illegal use of drugs and alcohol, by illegal use or possession
of weapons, or by illegal gang activity.
On or before October 1, 1989, the Board of Education, in consultation
with any professional organization representing principals in the district,
shall promulgate rules and implement a lottery for the purpose of
determining whether a principal's existing performance contract (including
the performance contract applicable to any principal's position in which a
vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and
whether the ensuing 4 year performance contract begins on July 1, 1990 or
July 1, 1991. The Board of Education shall establish and conduct the
lottery in such manner that of all the performance contracts of principals
(including the performance contracts applicable to all principal positions
in which a vacancy then exists), 50% of such contracts shall expire on June
30, 1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than
as provided by Section 34‑2.3, shall be deemed by operation of
law to be serving under a performance contract which expires on June 30,
1990 or June 30, 1991; and unless such performance contract of any such
principal is renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34‑2.2 or 34‑2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34‑2.3 to serve as principal of that attendance
center under a 4 year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their performance
contracts and the appointment of principals when their performance contracts
are not renewed shall be governed by Sections 34‑2.2 and 34‑2.3. Whenever a
vacancy in the office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a 4 year
performance contract in the manner provided by Section 34‑2.3.
The board of education shall develop and prepare, in consultation with
the organization representing principals, a performance contract for
use
at all attendance centers, and shall furnish the same to each local school
council. The term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer pursuant to
subdivision 1.5 of Section 34‑2.3, in which case the contract shall be
extended for 2 years. The performance
contract of each principal shall consist of the
uniform performance contract, as developed or from time to time modified by the
board, and such additional criteria as are established by a local school
council pursuant to Section 34‑2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may be
removed only as provided for in the performance contract except for cause.
He or she shall also be obliged to follow the rules of the board of
education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed or a
principal is not reappointed as principal under a new performance contract,
or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily
resigns his position of principal, his or her employment as a principal
shall terminate and such former principal shall not be
reinstated to the position from which he or she was promoted to principal,
except that he or she, if otherwise qualified and certified in accordance
with Article 21, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or additional or
newly created positions for teachers. The principal's total years of
service to the board as both a teacher and a principal, or in other
professional capacities, shall be used in calculating years of experience
for purposes of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is not renewed or
a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his or
her previously provided level of health insurance benefits for a period of
90 days following the non‑renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 91‑622, eff. 8‑19‑99; 91‑728, eff. 6‑2‑00; 93‑3, eff.
4‑16‑03.)
(Text of Section from P.A. 93‑48)
Sec. 34‑8.1.
Principals.
Principals shall be employed to supervise the
operation of each attendance center. Their powers and duties shall include
but not be limited to the authority (i) to
direct, supervise, evaluate, and suspend with or without pay or otherwise
discipline all teachers, assistant principals, and other employees assigned to
the attendance center in accordance with board rules and policies and (ii) to
direct
all other persons assigned to the
attendance center pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and layoff shall be
vested solely with the board. The principal shall fill positions by
appointment as provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any individual. The
authority of the principal shall include the
authority to direct the hours during which the attendance center
shall be open and available for use provided the use complies with board rules
and policies, to determine when and what operations shall be conducted within
those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority
of the principal, the Engineer In Charge shall
be accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training,
and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and other plant
operation employees under his or her direction.
There shall be established by the board a system of semi‑annual
evaluations conducted by the principal as to performance of the engineer in charge. Nothing
in this Section shall prevent the principal from conducting additional
evaluations. An overall
numerical rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall result in
disciplinary
action, which may include, without limitation and in the judgment of the
principal, loss of
promotion
or bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish
procedures for conducting the
evaluation
and reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of, the principal, the
Food Service Manager is responsible at
all times for the proper operation and maintenance of the lunch room to which
he is assigned and shall also be responsible for the orientation, training, and
supervising the work of cooks, bakers, porters,
and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of semi‑annual
evaluations conducted by the principal as to the performance of the food
service manager.
Nothing in this Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be given by the
principal based on the
evaluation conducted by the principal. An unsatisfactory numerical rating
shall
result in disciplinary action which may include, without limitation and in
the judgment of the principal, loss of promotion or bidding procedure,
reprimand, suspension with or without pay, or recommended dismissal. The board
shall establish rules for conducting the evaluation and
reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the employment or
assignment of an Engineer‑In‑Charge or a Food Service Manager for each
attendance center.
Principals shall be employed to supervise the educational operation of
each attendance center. If a principal is absent due to extended
illness or leave or absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each principal
shall assume administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program of the
attendance center to which he is assigned. The principal shall submit
recommendations to the general superintendent concerning the appointment,
dismissal, retention, promotion, and assignment of all personnel assigned to
the attendance center; provided, that from and after September 1, 1989: (i) if
any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with procedures
established and provided by the Board
whenever the majority of the duties included in that position are to be
performed at the attendance center which is under the principal's supervision,
and each such appointment so made by the principal
shall be made and based upon merit and ability to perform in that position
without regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation obligations,
including but not limited to the Consent Decree and Desegregation Plan in
U.S. v. Chicago Board of Education; (ii)
the principal shall submit recommendations based upon merit and ability to
perform in the particular position, without regard to
seniority or length of service, to the general
superintendent
concerning the appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is
to be made by the general superintendent whenever less than
a majority
of the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed
at the attendance center which is under the principal's supervision; and
(iii) subject to law and the applicable collective bargaining agreements,
the authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an attendance
center shall commence immediately upon his or her appointment as principal
of the attendance center, without regard to the length of time that he or
she has been the principal of that attendance center.
Notwithstanding the existence of any other law of this State, nothing in
this Act shall prevent the board from entering into a contract with a third
party for services currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each principal may
approve contracts, binding on the board, in the amount of no more than $10,000,
if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the principal
shall provide to local
school council members copies of all
internal audits and any other pertinent information generated by any audits or
reviews of the programs and operation of the attendance center.
Each principal shall hold a valid administrative
certificate issued or exchanged in accordance with Article 21 and endorsed
as required by that Article for the position of principal. The board may
establish or impose academic,
educational, examination, and experience requirements and
criteria that are in addition
to those established and required by Article 21 for issuance of a valid
certificate endorsed for the position of principal as a condition of the nomination, selection,
appointment,
employment, or continued employment of a person as principal of any
attendance center, or as a condition of the renewal of any principal's
performance contract.
The board shall specify in its formal job description for principals,
and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all principals,
that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
The principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34‑2.4 and, upon
approval of the plan by the local school council, shall
be responsible for directing implementation of the plan. The principal,
with the assistance of the professional personnel leadership
committee, shall
develop the specific methods and contents of the school's curriculum within
the board's system‑wide curriculum standards and objectives and the
requirements of the school improvement plan. The board shall ensure that all
principals are evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning climate. It shall also
be the responsibility of the principal to utilize resources of proper law
enforcement agencies when the safety and welfare of students and teachers are
threatened by illegal use of drugs and alcohol, by illegal use or possession
of weapons, or by illegal gang activity.
On or before October 1, 1989, the Board of Education, in consultation
with any professional organization representing principals in the district,
shall promulgate rules and implement a lottery for the purpose of
determining whether a principal's existing performance contract (including
the performance contract applicable to any principal's position in which a
vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and
whether the ensuing 4 year performance contract begins on July 1, 1990 or
July 1, 1991. The Board of Education shall establish and conduct the
lottery in such manner that of all the performance contracts of principals
(including the performance contracts applicable to all principal positions
in which a vacancy then exists), 50% of such contracts shall expire on June
30, 1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than
as provided by Section 34‑2.3, shall be deemed by operation of
law to be serving under a performance contract which expires on June 30,
1990 or June 30, 1991; and unless such performance contract of any such
principal is renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34‑2.2 or 34‑2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34‑2.3 to serve as principal of that attendance
center under a 4 year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their performance
contracts and the appointment of principals when their performance contracts
are not renewed shall be governed by Sections 34‑2.2 and 34‑2.3. Whenever a
vacancy in the office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a 4 year
performance contract in the manner provided by Section 34‑2.3.
The board of education shall develop and prepare, in consultation with
the organization representing principals, a performance contract for
use
at all attendance centers, and shall furnish the same to each local school
council. The term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer pursuant to
subdivision 1.5 of Section 34‑2.3, in which case the contract shall be
extended for 2 years. The performance
contract of each principal shall consist of the
uniform performance contract, as developed or from time to time modified by the
board, and such additional criteria as are established by a local school
council pursuant to Section 34‑2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may be
removed only as provided for in the performance contract except for cause.
He or she shall also be obliged to follow the rules of the board of
education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed or a
principal is not reappointed as principal under a new performance contract,
or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily
resigns his position of principal, his or her employment as a principal
shall terminate and such former principal shall not be
reinstated to the position from which he or she was promoted to principal,
except that he or she, if otherwise qualified and certified in accordance
with Article 21, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or additional or
newly created positions for teachers. The principal's total years of
service to the board as both a teacher and a principal, or in other
professional capacities, shall be used in calculating years of experience
for purposes of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is not renewed or
a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his or
her previously provided level of health insurance benefits for a period of
90 days following the non‑renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 91‑622, eff. 8‑19‑99; 91‑728, eff. 6‑2‑00; 93‑48, eff.
7‑1‑03.)
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(105 ILCS 5/34‑8.1a)
Sec. 34‑8.1a.
Waiver of collective bargaining agreement provisions.
Notwithstanding the provisions of any law or collective
bargaining agreement to
the
contrary, the principal, with the concurrence of at least 63.5% through August
31, 1995, and 51% thereafter of an
attendance
center's personnel in the teachers' bargaining unit, whether
certificated or uncertificated
non‑academic, shall have the right to declare waived and superseded a provision
of the teachers' collective bargaining
agreement as it applies in or at the
attendance center to the bargaining unit's employees.
Any collective bargaining agreement
entered into after the effective date of this amendatory Act of 1995 with a
bargaining unit other than the teachers' bargaining unit shall contain a
waiver procedure that meets
the requirements of this Section.
Any waiver approved as provided in this Section shall be final upon
concurrence of the required percentage of personnel and shall not be subject to
approval or rejection by a bargaining unit or a committee of the bargaining
unit.
(Source: P.A. 88‑511; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.1b)
Sec. 34‑8.1b.
Exemption from bargaining unit membership.
Notwithstanding
the provisions of any other law, any employee of
the Chicago public schools system whose job description or actual performance
of duties requires an Illinois Type 75 General Administrative Certificate or
its equivalent shall not be a member of the teachers collective
bargaining unit.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.3) (from Ch. 122, par. 34‑8.3)
Sec. 34‑8.3.
Remediation and probation of attendance centers.
(a) The general superintendent shall monitor the
performance of the
attendance centers within the district and shall
identify
attendance centers, pursuant to criteria that the board shall establish,
in which:
(1) there is a failure to develop, implement, or | ||
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(2) there is a pervasive breakdown in the | ||
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(3) (blank); or
(4) there is a failure or refusal to comply with the | ||
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(b) If the general superintendent identifies a
nonperforming school
as described herein, he or she shall place the attendance center on
remediation by developing a remediation plan for the center. The purpose
of the remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for | ||
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(3) directing implementation of a school improvement | ||
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(4) mediating disputes or other obstacles to reform | ||
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If, however, the general superintendent determines that
the problems
are not able to be remediated by these methods, the
general superintendent shall place the attendance center on probation.
The board shall establish guidelines that determine the factors for placing
an attendance center on probation.
(c) Each
school placed on probation shall have a school improvement plan
and school budget for correcting deficiencies identified
by the board. The plan shall
include specific steps that the local school council and school staff must
take to correct identified deficiencies and specific objective criteria
by which the
school's subsequent progress will be determined.
The school budget shall include specific expenditures directly calculated to
correct educational and operational deficiencies identified at the school by
the probation team.
(d) Schools placed on probation that, after a maximum of one year, fail
to make
adequate progress in correcting deficiencies are subject to the following
action by the general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the | ||
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(4) Reconstitution of the attendance center and | ||
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(5) Intervention under Section 34‑8.4.
(6) Closing of the school.
(e) Schools placed on probation shall remain on probation from year to
year until deficiencies are corrected, even if such schools make acceptable
annual progress.
The board shall establish, in writing, criteria for determining whether or
not a school shall remain on probation. If academic achievement tests are used
as the factor for placing a school on probation, the general superintendent
shall consider objective criteria, not just an increase in test scores, in
deciding whether or not a school shall remain on probation. These criteria
shall include attendance, test scores, student mobility rates, poverty rates,
bilingual education eligibility, special education, and English language
proficiency programs, with progress made in these areas being taken into
consideration in deciding whether or not a school shall remain on probation.
(f) Where the board
has reason to believe that violations of
civil rights, or of civil or criminal law have occurred, or when the general
superintendent deems that the school is in educational crisis it may take
immediate corrective action, including the actions specified in this Section,
without first placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as provided by any law
of this State. The board shall
develop criteria governing the determination regarding when a school is in
educational crisis.
(g) All persons serving as subdistrict superintendent on May 1, 1995 shall
be deemed by operation of law to be serving under a performance contract which
expires on June 30, 1995, and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board shall have no
obligation to compensate any such person as a subdistrict superintendent after
June 30, 1995.
(h) The general superintendent shall, in
consultation with local
school councils, conduct an annual evaluation of each principal in the
district pursuant to guidelines promulgated by the Board of
Education.
(Source: P.A. 91‑219, eff. 1‑1‑00; 91‑622, eff. 8‑19‑99; 92‑16, eff.
6‑28‑01.)
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(105 ILCS 5/34‑8.3a)
Sec. 34‑8.3a.
Financial supervision of attendance centers.
(a) A fiscal advisor that has been appointed pursuant to subsection (a) of
Section 34‑2.1
of this Code shall, not later than 90 days after his or her appointment, report
to the general
superintendent, the board of education, the local school council, and the
principal of the school on
the progress made in addressing any of the financial deficiencies. If the
fiscal advisor determines
that the attendance center has rectified all identified deficiencies or has made satisfactory
progress in addressing identified deficiencies such that the deficiencies shall be corrected
subsequent to the 90‑day period, no further action shall be taken by the
Board. If, however, the local school council and the principal have not
rectified or made satisfactory progress in correcting identified deficiencies,
the general superintendent may appoint a financial supervision team,
consisting of the fiscal advisor, the general superintendent or his or her
designee, and a representative of an outside, independent auditor. Financial
supervision teams may develop and implement school budgets to correct the
financial irregularities identified in the fiscal advisor's report. The
budget shall identify specifically those expenditures that directly correct
the irregularities identified in the fiscal advisor's report. Financial
supervision teams shall institute systems and procedures necessary to achieve
appropriate fiscal management at the school.
(b) Financial supervision teams may modify an existing school improvement
plan only to the extent necessary to implement the school budget it develops.
Modifications to a school improvement plan shall include specific steps that
the local school council and school staff must take to correct each specific
financial irregularity identified by the fiscal advisor's report. The
modifications to a school improvement plan shall further specify objective
criteria by which the deficiencies identified in the fiscal advisor's report
are to be corrected. The local school council and school staff shall be
consulted on the school budget and modifications to the school improvement
plan to be implemented by the financial supervision team but will have no
authority to modify either.
(c) Upon implementation of the budget developed by the financial supervision
team, and accompanying modifications to a school improvement plan, the
financial supervision team's authority to conduct fiscal or related educational
management of a school shall cease.
(Source: P.A. 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑8.4)
Sec. 34‑8.4.
Intervention.
The Chicago Schools Academic Accountability Council may recommend to the
Chicago School Reform Board of Trustees that any school placed on remediation
or probation under Section 34‑8.3 or schools that for the 3 consecutive
school years of 1992‑1993, 1993‑1994, and 1994‑1995 have met the State Board of
Education's category of "does not meet expectations" be made subject to
intervention under this Section 34‑8.4. In addition to any powers created
under this Section, the Trustees shall have all powers created under Section
34‑8.3 with respect to schools subjected to intervention.
Prior to subjecting a school to intervention, the Trustees shall conduct a
public hearing and make findings of facts concerning the recommendation of the
Chicago Schools Academic Accountability Council and the factors causing the
failure of the school to adequately perform. The Trustees shall afford an
opportunity at the hearing for interested persons to comment about the
intervention recommendation. After the hearing has been held and completion of
findings of fact,
the Trustees shall make a determination whether to subject the school to
intervention.
If the Trustees determine that a school shall be subject to intervention
under this Section, the Trustees shall develop an intervention implementation
plan and shall cause a performance evaluation to be made of each employee at
the school. Upon consideration of such evaluations, and consistent with the
intervention implementation plan, the Trustees may reassign, layoff, or
dismiss any employees at the attendance center, notwithstanding the provisions
of Sections 24A‑5 and 34‑85.
The chief educational officer shall appoint a principal for the school and
shall set the terms and conditions of the principal's contract, which in no
case may be longer than 2 years. The principal shall select all teachers and
non‑certified personnel for the school as may be necessary. Any provision of
Section 34‑8.1 that conflicts with this Section shall not apply to a school
subjected to intervention under this Section.
If pursuant to this Section, the general superintendent, with the approval of
the board, orders new local school council elections, the general
superintendent shall carry out the responsibilities of the local school council
for a school subject to intervention until the new local school council members
are elected and trained.
Each school year, 5% of the supplemental general State aid
funds distributed to a school subject
to intervention during that school year under subsection 5(i)(1)(a)
of part A of Section 18‑8 or subsection (H) of Section 18‑8.05 shall be
used for employee performance incentives.
The Trustees shall prepare a report evaluating the results of any interventions
undertaken pursuant to this Section and shall make recommendations concerning
implementation of special programs for dealing with underperforming schools on
an ongoing basis. This report shall be submitted to the State Superintendent
of Education and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89‑15, eff. 5‑30‑95; 89‑698, eff. 1‑14‑97; 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/34‑8.5)
Sec. 34‑8.5.
(Repealed).
(Source: Repealed by P.A. 89‑3, eff. 2‑27‑95.)
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(105 ILCS 5/34‑8.6)
Sec. 34‑8.6.
Short title.
Sections 34‑8.6 through 34‑8.19 of this Act
may be cited as the Chicago Learning Zone Implementation Law.
(Source: P.A. 89‑3, eff. 2‑27‑95.)
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(105 ILCS 5/34‑8.7)
Sec. 34‑8.7.
Findings.
The General Assembly observes that the Chicago
Learning Zone Advisory Committee has issued its report and recommendations.
The General Assembly finds, after due consideration of the Committee's report
and
recommendations, that establishment of a Chicago Learning Zone designation, as
the educational version of enterprise zones, will create an opportunity to
accelerate the process of Chicago school reform. The General Assembly further
finds that the Chicago Learning Zone will offer a fundamental change in
operations from a mode of following regulations to an outcome mode, that this
change will be one which concentrates on improving academic achievement in ways
that can be utilized to reform the system, and that this change will be
predicated on the overriding philosophy that attendance centers should be
empowered to develop models most appropriate to their situations.
The General Assembly further observes that the value of a learning experience
is determined by the outcomes achieved, not by the time or place of attendance;
and, it finds that Learning Zone schools should have the ability to operate
without State laws and regulations, board rules, and policies, and the ability
to operate with contractual waivable conditions by a vote of the school staff
governed by the contracts. Accordingly, the General Assembly finds that the
educational needs of the schoolchildren of Chicago
will be served by establishing a Chicago Learning Zone.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.8)
Sec. 34‑8.8.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.9)
Sec. 34‑8.9.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.10)
Sec. 34‑8.10.
Applications for Learning Zone designation.
The board shall
evaluate applications from attendance centers within
Chicago. Applications shall be in the form prescribed by the board. The
board shall, upon majority vote, grant Learning Zone
designations that, in
its judgment, satisfy the goals and requirements of this Law. The board
shall establish policies and procedures necessary to implement this Law.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.11)
Sec. 34‑8.11.
Evaluation criteria.
In determining whether to grant
Learning Zone designation, the board shall consider the
following factors:
(1) The extent to which the application demonstrates that improved student
learning will be the paramount priority and outcome;
(2) Proposed adoption of high, rigorous standards of achievement and outcome
for all students and staff;
(3) Proposed use of shared, collegial decision‑making;
(4) Creative, flexible, and innovative proposed restructuring of the
applicant attendance centers to create student‑centered learning environments;
(5) Parental and community integration and involvement;
(6) Development of collaborative relationships with health and human
services agencies;
(7) Ability to function on a localized, decentralized basis within the
Chicago public school system;
(8) Appropriateness of budget and resource allocations, including those
functions to be assumed and those to remain centralized;
(9) Impact of the statutes, regulations, rules, and policies for which
waivers are sought; and
(10) Such other factors, not confined to the foregoing, that are fiscally
sound and reasonably determinative of successful student outcome.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.12)
Sec. 34‑8.12.
Attendance center support.
Applications for Learning Zone
designation must include evidence that the application is supported by the
principal of the attendance center and by a majority vote of the Local School
Council and attendance center staff. Applications shall include that
evidence for each participating attendance center.
(Source: P.A. 89‑3, eff. 2‑27‑95.)
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(105 ILCS 5/34‑8.13)
Sec. 34‑8.13.
Learning Zone designation principles.
In performing its
duties under this Law, the board shall be guided by the
following
additional principles:
(1) Learning Zone designations should be effective for an initial period of
no less than 3 and no more than 6 years;
(2) Learning Zone designations should encompass clusters of
attendance
centers through joint application from secondary and feeder elementary
schools or in other reasonably related clusters;
(3) Learning Zone designations should encompass, in the aggregate,
approximately 10% of the students enrolled in attendance centers within
Chicago;
(4) Learning Zone designations should, in the aggregate, be reflective
of
the racial and ethnic diversity and demography of students enrolled in
attendance centers within Chicago;
(5) Learning Zone designations should be fully operational commencing with
the 1996‑97 school year; and
(6) Learning Zone designation renewals, revisions, and applications for
additional waivers of statutes, regulations, rules, and policies should be
evaluated in light of the goals of this Law.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.14)
Sec. 34‑8.14.
Non‑waivable provisions.
Notwithstanding anything in the
School Code to
the contrary, statutes, regulations, rules, and policy provisions concerning
the following shall not be waivable:
(1) Student civil rights;
(2) Staff civil rights;
(3) Health and safety;
(4) Performance and financial audits;
(5) Local School Council provisions, including | ||
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(6) The Open Meetings Act;
(7) The Freedom of Information Act;
(8) The Illinois goals assessment program;
(9) Chicago learning outcomes;
(10) Sections 2‑3.25a through 2‑3.25j of the School | ||
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(11) Collective bargaining agreements.
(Source: P.A. 89‑3, eff. 2‑27‑95.)
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(105 ILCS 5/34‑8.15)
Sec. 34‑8.15.
Reports.
The board shall
file reports
describing statutory waivers encompassed in the Learning Zone designations it
grants under Section 34‑8.10 with
the House of Representatives, the Senate, and the Secretary of State before
October 1, 1995 and thereafter before each May 1 and October 1. The provisions
in the report or as amended by the General Assembly shall take effect as
provided by law.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.16)
Sec. 34‑8.16.
Disapproval or amendment of reports.
The General Assembly
may disapprove the report of the board in whole, or amend it
within 30
calendar days after each house of the legislature next convenes after the
report
is filed, by adoption of a resolution by a record vote of the majority of the
members elected in each house directed to the board. The
resolution shall
be binding upon the board. Reports shall become effective
if the General
Assembly fails to disapprove or amend the report within the 30 day period.
For the initial report that the board is required to file
before October
1, 1995, the General Assembly may, by January 1, 1996, disapprove the report
of the board in whole or amend it, after the report is
filed, by the
adoption of a resolution by a record vote of the majority of the members. The
initial report shall become effective if the General Assembly fails to
disapprove or amend the report by January 1, 1996.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.17)
Sec. 34‑8.17.
Lump‑sum allocation; key centralized functions.
Final
designation as a Learning Zone under this Law shall entitle the participating
attendance centers to receive funds in lump‑sum allocations, to budget and
spend those funds, and to operate in accordance with the designation and this
Law. Lump‑sum allocations shall be based on the number of enrolled regular
and special needs students and shall include all operating funds for
compensation, supplies, equipment, repairs, energy, maintenance,
transportation,
and
professional services, and all special funds that follow special populations,
including desegregation, special education, bilingual, federal, and State
Chapter 1 funds. A sum equal to 3.2% of operating funds shall be deducted by
the board to provide key centralized functions,
unless a
designated Learning Zone obtains one or more of those functions elsewhere, in
which case the sum shall be appropriately adjusted. As used
in this Law, key centralized functions shall mean:
(1) Equity assurance staff to ensure that services | ||
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(2) Payroll services and background and credential | ||
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(3) Budget and treasury services to levy and collect | ||
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(4) Central computer systems providing information | ||
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(5) On‑line data collection and analysis centers for | ||
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(6) Emergency pool funding; and
(7) Legal and labor departmental services for | ||
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(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.18)
Sec. 34‑8.18.
The board shall revoke Learning Zone
designation and
the attendance center or centers involved shall return to their prior status
upon a finding of:
(1) A material violation of conditions, standards, | ||
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(2) Failure to meet or make reasonable progress | ||
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(3) Failure to meet generally accepted standards of | ||
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(4) Conditions jeopardizing the health or safety of | ||
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Technical assistance designed to resolve items (1) through (4) may, in the
discretion of the board, be provided to attendance centers
prior to or in
lieu of revocation of Learning Zone designations.
(Source: P.A. 89‑3, eff. 2‑27‑95; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑8.19)
Sec. 34‑8.19.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑9) (from Ch. 122, par. 34‑9)
Sec. 34‑9.
Report
and estimates.
On or before December 1, 1972, on or before December 1, 1973, on or
before August 1, 1974 and on or before August 1 of each fiscal year
thereafter, the general superintendent of schools shall submit to the board
a report containing:
1. A separate balance sheet for each fund under the control of the
board, showing, by classes, the estimated current assets and liabilities
thereof as of the beginning of the next fiscal year and the amounts of such
assets available for appropriation in such year, either for expenditures or
charges to be made or incurred during such year or for liabilities unpaid
at the beginning thereof. Estimates of taxes to be received from prior
levies shall be net, after deducting amounts sufficient to cover the loss
and cost of collecting taxes and also deferred collections thereof and
abatements in the amount of taxes extended or to be extended upon the
collectors' books. Estimates of the liabilities of the respective funds
shall include (a) all final judgments, and accrued interest thereon,
entered against the board and unpaid at the beginning of such next fiscal
year, (b) the principal of all general obligation notes or anticipation tax
warrants and all temporary loans and all accrued interest thereon unpaid at
the beginning of such next fiscal year, (c) any amount for which the board
is required to reimburse the working cash fund from the educational
purposes fund pursuant to the provisions of Sections 34‑‑30 to 34‑‑36
inclusive, and (d) estimates of all accounts payable including estimates of
audited vouchers, participation certificates, interfund loans and purchase
orders payable.
2. Detailed estimates, by funds, of all taxes to be levied for the next
fiscal year and of all other current revenues to be derived from other
sources, which will be applicable to expenditures or charges to be made or
incurred during such year. In estimating taxes to be levied for any
purpose, except for the payment of bonded indebtedness or interest thereon
and except for pension fund or working cash fund purposes, the general
superintendent of schools shall be governed by the limitations in Sections
34‑‑43 to 34‑‑52, inclusive.
3. Estimates, by funds, of the amounts necessary for the board to
appropriate for expenditures or charges to be made or incurred during the
next succeeding fiscal year, including estimates of the interest to accrue
during such year upon general obligation notes or anticipation tax warrants
and temporary loans. Such estimates shall be so classified as to show the
different objects and purposes for which expenditures or charges are to be
made or incurred and the amount required for each object or purpose.
4. Such other information concerning the financial affairs of the board
as the board may prescribe.
(Source: P. A. 77‑2734.)
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(105 ILCS 5/34‑10) (from Ch. 122, par. 34‑10)
Sec. 34‑10.
Revised report‑Amendments‑Excessive appropriations.
Within the first 15 days of each fiscal year the general superintendent
of schools may submit to the board a revised report on all matters
specified in Section 34‑‑9, upon the basis of information then available,
and may submit amendments to such report at any time prior to the passage
of the annual school budget. He shall also submit to the board, whenever
requested by it, any additional or supplemental information he may have
concerning matters upon which he is required to report. He shall, within 10
days after the first regular meeting of the board occurring not less than 7
days after the adoption of the school budget, report to the board the
extent to which and in what respects, if any, the appropriations contained
in such budget in his judgment exceed the appropriations which the board is
by law authorized to make.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑11) (from Ch. 122, par. 34‑11)
Sec. 34‑11.
Duties of general counsel; assistants.
The board by a majority vote of its full membership shall appoint a general
counsel who shall have charge and control, subject to the approval of the
board, of the law department and of all litigation, legal questions and
such other legal matters as may be referred to the department by the board
or by the general superintendent of schools. Appointments, promotions and
discharge of assistant attorneys shall be made by a majority of the board
upon recommendation of the attorney or by a majority vote of the full
membership of the board. The general counsel shall hold this
office for an
indefinite term subject to removal by a majority vote of the full
membership of the board. In this Article, "attorney"
means general
counsel.
(Source: P.A. 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑12) (from Ch. 122, par. 34‑12)
Sec. 34‑12.
Participation in meetings by superintendent and attorney.
The general superintendent of schools and the general counsel may be present at
all meetings of the board and shall have a right to take part in its
discussions and deliberations, but shall have no vote.
(Source: P.A. 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑13) (from Ch. 122, par. 34‑13)
Sec. 34‑13.
Appointment, removal or suspension of attorney and
assistants. The appointment and removal of the general superintendent of
schools, heads of general departments now in existence or hereafter
established, the general counsel, and all assistant attorneys
shall not be subject
to the civil service law. The heads of general departments now in existence
or hereafter established may be removed by a majority vote of the full
membership of the board upon the recommendation of the general
superintendent of schools or by a majority vote of the full membership
of the board.
(Source: P.A. 91‑622, eff. 8‑19‑99.)
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(105 ILCS 5/34‑13.1)
Sec. 34‑13.1.
Inspector General.
(a) The Inspector General and his office in existence on the effective date
of this amendatory Act of 1995 shall be transferred to the jurisdiction of the
board upon appointment of the Chicago School Reform Board of Trustees. The
Inspector General shall have the authority
to conduct investigations into allegations of or incidents of waste, fraud, and
financial mismanagement in public education within the jurisdiction of the
board by a local school council
member or an
employee, contractor, or member of the board or involving
school projects
managed or handled by the Public Building Commission. The Inspector General
shall make recommendations to the board about the
investigations.
The Inspector General in office on the effective date of this amendatory Act
of 1996 shall serve for a term expiring on June 30, 1998. His or her
successors in office shall each be appointed by the Mayor, without the consent
or approval of the City Council, for 4 year terms expiring on June 30th of an
even numbered year.
If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the
Mayor shall appoint, without the consent or
approval of the City Council, a successor to serve under this Section for the
remainder of the unexpired term. The
Inspector General shall be independent of the operations of the board and
the School Finance Authority, and shall perform other duties requested by the
board.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of the
office. If the Inspector General determines that a possible
criminal act has been committed or that special expertise is
required in the investigation, he or she shall immediately notify
the Chicago Police Department and the Cook County State's
Attorney. All investigations conducted by the Inspector General
shall be conducted in a manner that ensures the preservation of
evidence for use in criminal prosecutions.
(c) At all times the Inspector General shall be granted
access to any building or facility that is owned, operated, or
leased by the board, the Public Building Commission, or the
city in trust
and for the use and benefit of the schools of the district.
(d) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers pertinent
to an investigation authorized by this Code. Any person who (1)
fails to appear in response to a subpoena; (2) fails to answer
any question; (3) fails to produce any books or papers pertinent
to an investigation under this Code; or (4) knowingly gives
false testimony during an investigation under this Code, is
guilty of a Class A misdemeanor.
(e) The Inspector General shall provide to the board and
the Illinois General Assembly a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year, except that the Inspector General
shall provide the summary of reports and investigations made under this Section
for the period commencing July 1, 1998 and ending April 30, 1999 no later than
May 1, 1999. The summaries shall detail the final disposition of those
recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries shall also include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(f) (Blank).
(g) (Blank).
(Source: P.A. 89‑15, eff. 5‑30‑95; 89‑698, eff. 1‑14‑97.)
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(105 ILCS 5/34‑14) (from Ch. 122, par. 34‑14)
Sec. 34‑14.
Section 34‑15 Not limited by Sections 34‑6 To 34‑13.
Nothing contained in Sections 34‑6, 34‑7, 34‑8, 34‑9, 34‑10, 34‑11, 34‑12, or
34‑13 of this Act shall in any wise be construed to limit
the scope, effect and applicability of Section 34‑15 of this Act.
(Source: Laws 1961, p. 31 .)
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(105 ILCS 5/34‑15) (from Ch. 122, par. 34‑15)
Sec. 34‑15.
Other officers and employees.
The board may appoint, or provide
for the appointment
of, such other officers and employees as it deems necessary.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑15a) (from Ch. 122, par. 34‑15a)
Sec. 34‑15a.
Active military service.
Any certificated or
non‑certificated employee of the Board of Education who is a member of any
reserve component of the United States Armed Services, including the Illinois
National Guard, and who is mobilized to active military duty on or after August
1, 1990,
shall
for each pay period beginning on or after August 1, 1990 continue to receive
the same regular compensation that he receives or was receiving as an employee
of the Board of Education at the time he is or was so mobilized to active
military duty, plus any health insurance and other benefits he is or was
receiving or accruing at that time, minus the amount of his base pay for
military service, for the duration of his active military service.
Such active military duty shall not result in the loss or diminishment of
any employment benefit, service credit, or status accrued at the time the
duty commenced if the duty commenced on or after September 1, 2001.
In the event any provision of a collective bargaining agreement or any
board of education or district policy covering any employee so ordered to
active duty is more generous than the provisions contained in this Section, the
collective bargaining agreement or board of education or district policy shall
be controlling.
(Source: P.A. 92‑660, eff. 7‑16‑02.)
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(105 ILCS 5/34‑16) (from Ch. 122, par. 34‑16)
Sec. 34‑16.
Powers of board respecting officers and employees.
The board shall, subject to the limitations in this Article, prescribe
the duties, compensation and terms of office of its officers and the
duties, compensation and terms of employment of its employees and determine
which of its officers and employees shall give bond, on what conditions,
and in what amount.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑17) (from Ch. 122, par. 34‑17)
Sec. 34‑17.
Powers not exercised by city council.
No power vested in the board or in any of its officers, agents or
employees shall be exercised by the city council.
(Source: Laws 1961, p. 31.)
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2. To furnish lunches to pupils, to make a | ||
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3. To co‑operate with the circuit court;
4. To make arrangements with the public or | ||
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5. To employ dentists and prescribe their duties for | ||
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6. To grant the use of assembly halls and classrooms | ||
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7. To apportion the pupils to the several schools; | ||
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8. To approve programs and policies for providing | ||
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9. Subject to the limitations in this Article, to | ||
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10. To employ non‑teaching personnel or utilize | ||
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10.5. To utilize volunteer personnel from a regional | ||
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11. To provide television studio facilities in not | ||
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12. To offer, if deemed appropriate, outdoor | ||
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13. During that period of the calendar year not | ||
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14. To insure against any loss or liability of the | ||
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15. To contract with the corporate authorities of | ||
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16. (a) To provide, on an equal basis, access to a | ||
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(b) If a student or his or her parent or guardian | ||
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(c) A high school may require official recruiting | ||
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(d) Information received by an official recruiting | ||
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17. (a) To sell or market any computer program | ||
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(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed, | ||
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(2) "Computer program" means a series of coded | ||
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(3) "Proceeds" means profits derived from | ||
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18. To delegate to the general superintendent of | ||
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19. Upon the written request of an employee, to | ||
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19a. Upon receipt of notice from the comptroller of | ||
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20. The board is encouraged to employ a sufficient | ||
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21. To make available to students vocational and | ||
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(a) Black (a person having origins in any of the | ||
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(b) Hispanic (a person of Spanish or Portuguese | ||
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(c) Asian American (a person having origins in | ||
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(d) American Indian or Alaskan Native (a person | ||
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Counseling days shall not be in lieu of regular | ||
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22. To report to the State Board of Education the | ||
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23. Except as otherwise provided in the Abused and | ||
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24. To develop a policy, based on the current state | ||
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25. To make available to the students in every high | ||
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26. To encourage mid‑career changes into the | ||
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27. To provide or contract out training programs for | ||
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28. To establish a fund for the prioritized special | ||
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29. (Blank);
30. Notwithstanding any other provision of this Act | ||
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31. To promulgate rules establishing procedures | ||
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32. To develop a policy to prevent nepotism in the | ||
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33. To enter into a partnership agreement, as | ||
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34. To establish a Labor Management Council to the | ||
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The specifications of the powers herein granted are not to be
construed as exclusive but the board shall also exercise all other
powers that 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; 93‑1036, eff. 9‑14‑04.)
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(105 ILCS 5/34‑18.1) (from Ch. 122, par. 34‑18.1)
Sec. 34‑18.1.
Protection from suit.
The board shall insure
or indemnify and protect the board, Chicago Schools Academic Accountability
Council, former School Board Nominating Commission, Local School
Councils, or former Subdistrict Councils, any member of the board,
Chicago Schools Accountability Council, former School Board Nominating
Commission, Local School Council, or former Subdistrict
Council, or any agent, employee, teacher, student teacher, officer, or
member of the supervisory staff of the school district against financial
loss and expense, including reasonable legal fees and costs arising out of
any claim, demand, suit, or judgment by reason of alleged negligence,
alleged violation of civil rights occurring on or after September 5, 1967,
or alleged wrongful act resulting in death or bodily injury to any person
or accidental damage to or destruction of property, within or without the
school premises, provided such board member, agent, employee, teacher,
student teacher, officer or member of the supervisory staff, at the time of
the occurrence was acting under the direction of the board within the
course or scope of his duties.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑18.2) (from Ch. 122, par. 34‑18.2)
Sec. 34‑18.2.
Bilingual programs.
The Board of Education may provide programs in a language other than
English for those children whose first language is other than English.
Such programs are subject to the approval of the State Board of Education
pursuant to Article 14C of The School Code. Upon
approval of the program the Board shall be entitled to payment from the
State of Illinois for the services and materials required.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/34‑18.3) (from Ch. 122, par. 34‑18.3)
Sec. 34‑18.3.
The Board of Education is authorized to establish and
implement peer assistance, tutorial programs whereby qualified, able
students assist less able students with their studies and course work. As
a part of such program the Board shall award appropriate recognition to
students furnishing such tutorial services. In addition, the Board is
authorized to cooperate with institutions of higher education and may
accept tutorial services provided by qualified students of such
institutions under the Educational Partnership Act, as now or hereafter amended.
(Source: P.A. 84‑712.)
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(105 ILCS 5/34‑18.4) (from Ch. 122, par. 34‑18.4)
Sec. 34‑18.4.
Before and after school programs.
The Board of Education
may develop and maintain
before school and after school programs for students in kindergarten through
the 6th grade. Such programs may include time for homework, physical
exercise, afternoon nutritional snacks and educational offerings which are
in addition to those offered during the regular school day. The chief administrator
in each district shall be a certified teacher or a person who meets the
requirements for supervising a day care center under the Child Care Act
of 1969. Individual programs shall be coordinated by certified teachers
or by persons who meet the requirements for supervising a day care center
under the Child Care Act of 1969. Additional employees who are not so qualified
may also be employed for such programs.
The schedule of these programs may follow the work calendar of the local
community rather than the regular school calendar. Parents or guardians
of the participating
students shall be responsible for providing transportation for the students
to and from the programs. The school board may charge parents of participating
students a fee, not to exceed the actual cost of such before and after school
programs.
(Source: P.A. 83‑639.)
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(105 ILCS 5/34‑18.6) (from Ch. 122, par. 34‑18.6)
Sec. 34‑18.6.
Child abuse and neglect ‑ detection,
reporting and prevention. The Board of Education may provide staff
development for local school site personnel who work with pupils in grades
kindergarten through 8, in the detection, reporting and prevention of child
abuse and neglect.
(Source: P.A. 84‑1308.)
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(105 ILCS 5/34‑18.6a) (from Ch. 122, par. 34‑18.6a)
Sec. 34‑18.6a.
Orders of protection.
The board of education
may prohibit the disclosure by any school employee to any person
against whom the school district has received a certified copy
of an order of protection the location or address of the petitioner
for the order of protection or the identity of the schools in the
district in which the petitioner's child or children are enrolled.
The school district shall maintain the copy of the order of
protection in the records of the child or children enrolled in
the district whose parent is the petitioner of an order of protection.
(Source: P.A. 87‑437.)
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(105 ILCS 5/34‑18.7) (from Ch. 122, par. 34‑18.7)
Sec. 34‑18.7.
Adolescent and teen suicide detection and intervention.
School guidance counselors, teachers and other school personnel who work
with pupils in grades 7 through 12 shall be trained to identify the warning
signs of suicidal behavior in adolescents and teens and shall be taught
various intervention techniques. Such training shall be provided within
the framework of existing in‑service training programs offered by the Board.
(Source: P.A. 85‑297.)
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(105 ILCS 5/34‑18.8) (from Ch. 122, par. 34‑18.8)
Sec. 34‑18.8.
AIDS training.
School guidance counselors, nurses,
teachers and other school personnel who work with pupils
may be trained to have a basic knowledge of matters relating
to acquired immunodeficiency syndrome (AIDS), including the nature of the
disease, its causes and effects, the means of detecting it and preventing
its transmission, the availability of appropriate sources of counseling and
referral, and any other information that may be appropriate considering the
age and grade level of such pupils. The Board of Education shall supervise
such training. The State Board of Education and the Department of Public
Health shall jointly develop standards for such training.
(Source: P.A. 86‑900.)
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(105 ILCS 5/34‑18.9) (from Ch. 122, par. 34‑18.9)
Sec. 34‑18.9.
Electronic paging devices on school property.
(a) The
General Assembly finds and declares that the educational development of all
persons to the limits of their capacities is a fundamental goal of the
people of this State, that to achieve such goal it is essential to provide
a safe and secure learning environment within the public schools, and that
the unrestricted and unregulated use by students of pocket pagers and
similar electronic paging devices on school grounds or in school buildings
which are owned, occupied or leased by the board of education for school
purposes and activities adversely affects the educational environment,
welfare and safety of students enrolled in the public schools, in that
pocket pagers and similar electronic paging devices are being regularly
used for the conduct of unlawful activities during school hours and on
school property, including activities directly related to the unlawful
possession, sale, delivery or other trafficking in drugs or other
substances which constitute a "controlled substance" as that term is
defined in the Illinois Controlled Substances Act.
It is the purpose and intention of the General Assembly, in enacting this
legislation, to reduce or eliminate the occurrence of such unlawful
activities during school hours and on school property by restricting and
regulating student use or possession of pocket pagers and similar
electronic paging devices as provided in this Section, and by providing for
the imposition of appropriate discipline and sanctions for any violation
of the provisions of this Section.
(b) No student shall use or have in his or her possession any pocket
pager or similar electronic paging device while in any school building or
on any school property, during regular school hours or at any other time,
unless the use or possession of such device by such student has first been
expressly authorized by the principal acting in accordance with
standards developed as provided in subsection (c) for the granting of
approved exceptions to the general prohibition of this Section against such
use or possession.
(c) The board of education shall develop and promulgate
written standards, which shall be furnished by the board of education to
each principal, under which a principal:
(1) may authorize the use or possession of a pocket pager or similar
electronic paging device by a student while in a school building or on
school property as an approved exception to the general prohibition of this
Section against such use or possession; and
(2) may impose appropriate discipline or other sanctions against any
student who violates any provision of this Section.
(Source: P.A. 86‑791.)
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(105 ILCS 5/34‑18.10) (from Ch. 122, par. 34‑18.10)
Sec. 34‑18.10.
Minority recruitment policy.
The board of education
shall, by 1991, develop and implement a policy of recruitment and hiring of
minority teachers, other certificated employees and non‑certificated
employees, including custodians, lunch room staff and teacher aides.
(Source: P.A. 86‑227; 86‑1028.)
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(105 ILCS 5/34‑18.10a) (from Ch. 122, par. 34‑18.10a)
Sec. 34‑18.10a.
Transfer of employees.
The employment of an employee
of the Illinois Chapter I 89‑313 special education
program transferred from
the DuPage County Superintendent of Education to the Chicago Board of
Education shall be considered continuous employment.
(Source: P.A. 87‑1107.)
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(105 ILCS 5/34‑18.11) (from Ch. 122, par. 34‑18.11)
Sec. 34‑18.11.
Tobacco prohibition.
The Board of Education shall prohibit
the use of tobacco on school property when such property is being used for
any school purposes. Neither the board nor the local school
council may
authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including without limitation outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" include but are not limited to
all events or activities or other use of school property that the school
board or school officials authorize or permit on school property, including
without limitation all
interscholastic or extracurricular athletic, academic or other events
sponsored by the school board or in which pupils of the district
participate. For purposes of this Section "tobacco" shall mean cigarette,
cigar, or tobacco in any other form, including smokeless tobacco which is
any loose, cut, shredded, ground, powdered, compressed or leaf tobacco that
is intended to be placed in the mouth without being smoked.
(Source: P.A. 89‑181, eff. 7‑19‑95.)
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(105 ILCS 5/34‑18.12) (from Ch. 122, par. 34‑18.12)
Sec. 34‑18.12.
Inspection for drugs.
The Board of Education is
empowered to authorize school officials to request the assistance of law
enforcement officials for the purpose of conducting reasonable searches of
school grounds and lockers for illegal drugs, including searches conducted
through the use of specially trained dogs.
(Source: P.A. 86‑850; 86‑1028.)
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(105 ILCS 5/34‑18.13) (from Ch. 122, par. 34‑18.13)
Sec. 34‑18.13.
Infectious disease policies and rules.
The Board of
Education shall develop policies and adopt rules relating to the
appropriate manner of managing children with chronic infectious diseases,
not inconsistent with guidelines published by the State Board of Education
and the Illinois Department of Public Health. Such policies and rules must
include evaluation of students with a chronic infectious disease on an
individual case‑by‑case basis, and may include different provisions for
different age groups, classes of instruction, types of educational
institution, and other reasonable classifications, as the Board may find
appropriate.
(Source: P.A. 86‑890; 86‑1028.)
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(105 ILCS 5/34‑18.14) (from Ch. 122, par. 34‑18.14)
Sec. 34‑18.14.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of all persons to the limits of their capacities is a fundamental
goal of the people of this State and that to achieve such goal it is essential
to provide a safe and secure learning environment within the public schools.
While recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The board may establish appropriate rules and disciplinary
procedures governing the use or possession of cellular radio telecommunication
devices by a student while in a school or on school property, during regular
school hours, or at any other time.
(Source: P.A. 92‑793, eff. 8‑9‑02.)
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(2) Beginning July 1, 1995, at least 25% of the | ||
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(3) Beginning July 1, 1999, at least 40% of the | ||
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(4) Beginning July 1, 2001, at least 50% of the | ||
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(5) Beginning upon the effective date of this | ||
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(c) Paper and paper products purchased from private sector vendors
pursuant to printing contracts are not considered paper and paper products
for the purposes of subsection (b), unless purchased under contract for
the printing of student newspapers.
(d)(1) Wherever economically and practically feasible, the recycled
paper and paper products referred to in subsection (b) shall contain
postconsumer or recovered paper materials as specified by paper category in
this subsection:
(i) Recycled high grade printing and writing paper | ||
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(ii) Recycled tissue products, until July 1, 1994, | ||
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(iii) Recycled newsprint, until July 1, 1994, shall | ||
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(iv) Recycled unbleached packaging, until July 1, | ||
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(v) Recycled paperboard, until July 1, 1994, shall | ||
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(2) For the purposes of this Section, "postconsumer material" includes:
(i) paper, paperboard, and fibrous waste from retail | ||
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(ii) all paper, paperboard, and fibrous wastes that | ||
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(3) For the purpose of this Section, "recovered paper material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated after | ||
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(iii) finished paper and paperboard from obsolete | ||
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by the board of
education or any public school or attendance center within the school
district, or which are sold in any school supply store operated by or
within any such school or attendance center, other than newspapers
written, edited or produced by students enrolled in the school district,
public school or attendance center.
(f) The State Board of Education, in coordination with the Departments of
Central Management Services and Commerce and Economic Opportunity, may adopt such
rules and regulations as it deems necessary
to assist districts in carrying out the provisions of this Section.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(105 ILCS 5/34‑18.16) (from Ch. 122, par. 34‑18.16)
Sec. 34‑18.16.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑18.17)
Sec. 34‑18.17.
No pass‑no play policy.
Beginning with the 1998‑99 school
year, the board of education
shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
grades 9 through 12 who fails to maintain a specified minimum grade point
average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school‑sponsored or
school‑supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. The board of education shall adopt a policy as required
by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the board of education shall file a report with
the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the board of education already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/34‑18.18)
Sec. 34‑18.18.
Occupational standards.
The Board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91‑175, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(105 ILCS 5/34‑18.20)
Sec. 34‑18.20.
Time out and physical restraint.
Until
rules are adopted under Section 2‑3.130 of this Code, the use
of any of the following rooms or enclosures for time out purposes is
prohibited:
(1) a locked room other than one with a locking | ||
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(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually | ||
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(4) any other room or enclosure or time out | ||
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The use of physical restraints is prohibited except when (i) the student
poses a physical risk to himself, herself, or others, (ii) there is no medical
contraindication to its use, and (iii) the staff applying the restraint have
been trained in its safe application. For the purposes of this Section,
"restraint" does not include momentary periods of physical restriction by
direct person‑to‑person contact, without the aid of material or mechanical
devices, accomplished with limited force and that are designed (i) to prevent a
student from completing an act that would result in potential physical harm to
himself, herself, or another or damage to property or (ii) to remove a
disruptive student who is unwilling to voluntarily leave the area. The use of
physical restraints that meet the requirements of this Section may be included
in a student's individualized education plan where deemed appropriate by the
student's individualized education plan team. Whenever physical restraints are
used, school personnel shall fully document the incident, including the events
leading up to the incident, the type of restraint used, the length of time the
student is restrained, and the staff involved. The parents or
guardian of a student shall be informed whenever physical restraints are used.
(Source: P.A. 91‑600, eff. 8‑14‑99; 92‑16, eff. 6‑28‑01.)
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(105 ILCS 5/34‑18.21)
Sec. 34‑18.21.
Medicaid‑eligible children; health care resources.
As authorized by federal law, the school district may access federally funded
health care resources if the school district provides early periodic screening
and diagnostic
testing services, including screening and diagnostic services, health care
and treatment, preventive health care, or any other measure, to correct
or improve health impairments of Medicaid‑eligible children.
(Source: P.A. 91‑842, eff. 6‑22‑00.)
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(105 ILCS 5/34‑18.22)
Sec. 34‑18.22.
Unfilled teaching positions list.
The school district
must post a current list of all unfilled teaching positions in the district
on its Internet web site. The State Board of Education's Internet web site
must provide a link to this list.
(Source: P.A. 92‑41, eff. 7‑1‑01.)
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(105 ILCS 5/34‑18.23)
(Text of Section from P.A. 92‑580)
Sec. 34‑18.23.
Medical information form for bus drivers and
emergency medical technicians. The school district is encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 92‑580, eff. 7‑1‑02.)
(Text of Section from P.A. 92‑604)
Sec. 34‑18.23.
Transfer of students.
The board shall establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
Any request by a parent or guardian to transfer his or her child from one
attendance
center to another
within the school district pursuant to Section 1116 of the federal Elementary
and
Secondary Education
Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 days after the
parent or guardian
receives notice of the right to transfer pursuant to that law.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(Source: P.A. 92‑604, eff. 7‑1‑02.)
(Text of Section from P.A. 92‑663)
Sec. 34‑18.23.
Psychotropic or psychostimulant medication; disciplinary
action.
(a) In this Section:
"Psychostimulant medication" means medication that produces increased
levels of mental and physical energy and alertness and an elevated mood
by stimulating the central nervous system.
"Psychotropic medication" means psychotropic medication as
defined in Section 1‑121.1 of the Mental Health and Developmental
Disabilities Code.
(b) The board must
adopt
and implement a policy that prohibits any disciplinary action that is
based totally or in part on the refusal of a student's parent or guardian to
administer or consent to the administration of psychotropic or
psychostimulant medication to the
student.
The policy must require that, at least once every 2 years, the in‑service
training of certified school personnel and administrators include training
on current best practices regarding the identification and treatment of
attention deficit disorder and attention deficit hyperactivity disorder, the
application of non‑aversive behavioral interventions in the school
environment, and the use of psychotropic or psychostimulant medication for
school‑age children.
(c) This Section does not prohibit school medical staff, an
individualized educational program team, or a professional worker (as defined
in Section 14‑1.10 of this Code)
from recommending that a
student be evaluated by an appropriate medical practitioner or prohibit
school personnel from consulting with the practitioner with the consent
of the student's parents or guardian.
(Source: P.A. 92‑663, eff. 1‑1‑03.)
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(105 ILCS 5/34‑18.24)
Sec. 34‑18.24. Transfer of students.
(a) The board shall
establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
Any request by a parent or guardian to transfer his or her child from one
attendance
center to another
within the school district pursuant to Section 1116 of the federal Elementary
and
Secondary Education
Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 days after the
parent or guardian
receives notice of the right to transfer pursuant to that law.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) The board shall establish and implement a policy governing the
transfer of students within the school district from a persistently dangerous
attendance center to another attendance center in that district that is not
deemed to be
persistently dangerous.
In order to be considered a persistently dangerous attendance center, the
attendance center must meet all of the following criteria for 2 consecutive
years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one attendance center to
another attendance center within the district if the student is a victim of a
violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school‑sponsored event.
(d) Transfers made pursuant to subsections (b) and (c) of this Section shall
be made in compliance with the federal No Child Left Behind Act of 2001 (Public
Law 107‑110).
(Source: P.A. 92‑604, eff. 7‑1‑02; 93‑633, eff. 12‑23‑03.)
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(105 ILCS 5/34‑18.26)
(Text of Section from P.A. 93‑404)
Sec. 34‑18.26.
Sharing information on school lunch applicants.
The board shall, whenever requested by the Department of Public Aid,
agree in writing with the Department of Public Aid (as
the State agency that administers the State Medical Assistance Program
as provided in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI of the
federal Social Security Act) to share with the Department of Public Aid
information on applicants for free or reduced‑price lunches.
The board shall, whenever requested by the Department of Public Aid,
require each of its schools to agree in writing with the Department of
Public Aid to share with the Department of Public Aid information on
applicants for free or reduced‑price lunches.
This
sharing of information shall be for the sole purpose of helping the
Department of Public Aid identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance Program or
both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
(Source: P.A. 93‑404, eff. 8‑1‑03.)
(Text of Section from P.A. 93‑472)
Sec. 34‑18.26.
Summer kindergarten.
The board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education,
may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer
kindergarten program shall be the responsibility of the school district.
The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise
made available to the school district for that purpose by federal or
State appropriation.
(Source: P.A. 93‑472, eff. 8‑8‑03.)
(Text of Section from P.A. 93‑538)
Sec. 34‑18.26.
Prison tour pilot program.
The board shall establish a pilot program to
prevent crime by developing guidelines to identify students at risk of
committing crimes. "Students at risk of committing crimes" shall be
limited to those students who have engaged in serious acts of
misconduct in violation of the board's policy on discipline.
This program, in
cooperation with the Department of Corrections, shall include a guided tour of
a prison for each student so identified in order to discourage criminal
behavior.
The touring of a prison
under this Section shall be subject to approval, in writing, of a student's
parent or guardian.
(Source: P.A. 93‑538, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑549)
Sec. 34‑18.26.
Provision of student information prohibited.
The school
district
may not provide a student's name, address, telephone
number, social security number, e‑mail address, or other personal
identifying information to a business organization or financial institution
that issues credit or debit cards.
(Source: P.A. 93‑549, eff. 8‑19‑03.)
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(105 ILCS 5/34‑18.30) (Text of Section from P.A. 93‑740)
Sec. 34‑18.30. Dependents of military personnel; no tuition charge. If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of the school district, but will be living within the district within 60 days after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this Section, and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this Section shall provide proof that the dependent will be living within the district within 60 days after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district. Non‑resident dependents of United States military personnel attending school on a tuition‑free basis may be counted for the purposes
of determining the apportionment of State aid provided under Section 18‑8.05 of this Code.
(Source: P.A. 93‑740, eff. 7‑15‑04.) (Text of Section from P.A. 93‑997) Sec. 34‑18.30. Highly qualified teachers; No Child Left Behind Act funds. If the school district has an overall shortage of highly qualified teachers, as defined by the federal No Child Left Behind Act of 2001 (Public Law 107‑110), or a shortage of highly qualified teachers in the subject area of mathematics, science, reading, or special education, then the school board must spend at least 40% of the money it receives from Title 2 grants under the Act on recruitment and retention initiatives to assist in recruiting and retaining highly qualified teachers (in a specific subject area is applicable) as specified in paragraphs (1)(B), (2)(A), (2)(B), (4)(A), (4)(B), and (4)(C) of subsection (a) of Section 2123 of the Act until there is no longer a shortage of highly qualified teachers (in a specific subject area if applicable). As the number of highly qualified teachers in the district increases, however, the school board may spend any surplus of the minimum 40% of funds dedicated to addressing the highly qualified teacher shortage in any manner the school board deems appropriate.
(Source: P.A. 93‑997, eff. 8‑23‑04.)
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(105 ILCS 5/34‑19) (from Ch. 122, par. 34‑19)
Sec. 34‑19.
By‑laws, rules and regulations; business transacted at
regular meetings; voting; records. The board shall, subject to the limitations
in this Article, establish by‑laws, rules and regulations, which shall have the
force of ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire management of the
schools, and may fix the school age of pupils, the minimum of which in
kindergartens shall not be under 4 years and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the limitations of all
policies established or adopted under Section 14‑8.05, otherwise discipline any
pupil found guilty of gross disobedience, misconduct or other violation of the
by‑laws, rules and regulations. The bylaws, rules and regulations of the board
shall be enacted, money shall be appropriated or expended, salaries shall be
fixed or changed, and textbooks and courses of instruction shall be adopted or
changed only at the regular meetings of the board and by a vote of a
majority of the full membership of the board; provided that
notwithstanding any other provision of this Article or the School Code,
neither the board or any local school council may purchase any textbook for use in any public school of the
district from any textbook publisher that fails to furnish any computer
diskettes as required under Section 28‑21. The board shall be further
encouraged to provide opportunities for public hearing and testimony before
the adoption of bylaws, rules and regulations. Upon all propositions
requiring for their adoption at least a majority of all the members of the
board the yeas and nays shall be taken and reported. The by‑laws, rules and
regulations of the board shall not be repealed, amended or added to, except
by a vote of 2/3 of the full membership of the board. The board shall keep
a record of all its proceedings. Such records and all
by‑laws, rules and regulations, or parts thereof, may be proved by a copy
thereof certified to be such by the secretary of the board, but if they are
printed in book or pamphlet form which are purported to be published by
authority of the board they need not be otherwise published and the book or
pamphlet shall be received as evidence, without further proof, of the
records, by‑laws, rules and regulations, or any part thereof, as of the
dates thereof as shown in such book or pamphlet, in all courts and places
where judicial proceedings are had.
Notwithstanding any other provision in this Article or in the School
Code, the board may delegate to the general superintendent or to the
attorney the authorities granted to the board in the School Code, provided
such delegation and appropriate oversight procedures are made pursuant to
board by‑laws, rules and regulations, adopted as herein provided, except that
the board may not delegate its authorities and responsibilities regarding (1)
budget approval obligations; (2) rule‑making functions; (3) desegregation
obligations; (4) real estate acquisition, sale or lease in excess of 10 years
as provided in Section 34‑21; (5) the levy of taxes; or (6) any mandates
imposed upon the board by "An Act in relation to school reform in cities over
500,000, amending Acts herein named", approved December 12, 1988 (P.A.
85‑1418).
(Source: P.A. 88‑45; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑19.1) (from Ch. 122, par. 34‑19.1)
Sec. 34‑19.1.
Comment at meetings.
At each regular and special meeting
which is open to the public, members of the public and employees of the
district shall be afforded time, subject to reasonable constraints, to
comment to or ask questions of the board.
(Source: P.A. 84‑1308.)
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(105 ILCS 5/34‑19.2) (from Ch. 122, par. 34‑19.2)
Sec. 34‑19.2.
Mailing list.
To establish and maintain
a mailing list of the names and addresses of persons who each year request
inclusion thereon, and to mail to those persons copies of board agenda,
school budgets, audits, and within 10 days of each board meeting, a copy
of the approved meeting minutes. Annual subscription fees approximating
the costs of reproducing and mailing the materials may be charged to the
subscribers at the beginning of the subscription period.
(Source: P.A. 83‑1362.)
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(105 ILCS 5/34‑20) (from Ch. 122, par. 34‑20)
Sec. 34‑20.
Acquisition of real estate‑Condemnation proceedings‑Title‑Conveyances.
The board may acquire by purchase, condemnation or otherwise, real
estate for any school purposes. Condemnation proceedings shall be conducted
in the name of the city, in trust for the use of schools. The title to all
real estate held for the use and benefit of the schools shall be held in
the name of the city, in trust for the use of schools. All conveyances of
real estate shall be made to the city in trust for the use of schools.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑20.1) (from Ch. 122, par. 34‑20.1)
Sec. 34‑20.1.
Limitation on use for school purposes.
Notwithstanding
any other provisions of this Article or this Act, no building or other
structure owned by the Board of Education, or by the City as trustee for
the use and benefit of the schools, which the
Chicago Park District has occupied, and which at any time prior
to such occupancy by the Chicago Park District was used as a public
school house or other public
school building of any attendance center within the school district, shall
at any time be again used by the Board as a public school house or other
public school building.
However, the Board of Education shall have the authority to make and
enter into a lease or other agreement with the Chicago Park District
providing for their joint use of a public school house or other public
school building of any attendance center if such facility contains more
than 10 classrooms. For purposes of this Section, "joint use" shall
include but not be limited to shared use by the Board and the Chicago Park
District during daytime hours.
(Source: P.A. 85‑1146.)
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(105 ILCS 5/34‑21) (from Ch. 122, par. 34‑21)
Sec. 34‑21.
Rentals and leases ‑ Sale of real estate ‑ Engagement of
real estate broker ‑ Indirect and participating ownership interest ‑
Conveyance, payment and disclosure.
(a) The board may:
(1) enter into leases as lessee of buildings, rooms | ||
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(2) enter into leases as lessor of property held by | ||
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(b) The board may sell real estate, or interest therein, held by a city
in trust for the use and benefit of the schools subject to the provisions
of this Section and approval by the board ordered by a vote of not less
than 2/3 of its full membership, if the board determines (i) that such real
estate has become unnecessary, unsuitable or inconvenient for the use of
schools or for the purpose of school administration, (ii) that
such real estate has become inappropriate or
unprofitable for the purpose of deriving revenue to support the board's
authorized purposes, or (iii) that, in the reasonable judgment of the
board, a sale would constitute the best available use or disposition of
such real estate for the purpose of deriving revenue to support the board's
authorized purposes.
(1) Any sale of such real estate having a fair | ||
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(A) Notice of intended sale shall be published | ||
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(B) The first such notice shall be published not | ||
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(C) The notice shall contain pertinent | ||
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(D) The board may:
(i) accept the highest responsible bid | ||
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(ii) reject any and all bids; or
(iii) if there is more than one responsible | ||
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The board may receive consideration for the sale of | ||
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(2) Any sale of such real estate having a fair | ||
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(3) Any sale of such real estate having a fair | ||
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(c) The board may engage the services of a licensed real estate broker
at a fair and reasonable commission in any case involving the sale or lease
of real estate when by resolution the board determines such services to
be in the best interest of the board; provided, however, that the commission
to be paid may not exceed in the case of sale 7% of the sale price, and in
the case of lease 7% of the first year's rent and 2% of the base rent of
each lease year thereafter not to exceed 4 years. The above stated maximum
ceilings on commissions may be raised by not less than a 3/4 vote of the
board's full membership. Payment of the commission shall be contingent
upon conveyance in accordance with the provisions of this Section and within
a reasonable period of time thereafter as determined by the board at the
time of the engagement of the real estate broker.
(d) (1) Conveyance of real estate held in trust by the city for the use
and benefit of schools shall be by action of the city council in its capacity
as trustee upon notice by the board pursuant to resolution that a sale of
real estate, or interest therein, has been made in accordance with the
provisions of this Section.
(2) Payment in consideration of a transfer of real estate, or interest
therein, may be accepted by the board in cash, a combination of cash and
securities or in another form described in subsections (a) or
(b) of this Section. In any case where an instrument is accepted as part
payment, the debt shall be adequately secured by mortgage, trust deed, or if by
contract by retention of title, on the property transferred and any such
security interest shall not be released until the debt is fully paid. Payments
made after the date of sale shall include interest on the outstanding balance
computed from the date of sale to the date of payment at rates to be determined
by the board.
(3) The board may not consummate any transaction involving the transfer
of real estate, or interest therein, provided for in this Section in which
there may be an undisclosed principal. Any conveyance of title or other
interest in real estate in violation hereof shall be void and any consideration
received by the board prior to the discovery of such violation shall be
retained as liquidated damages.
(Source: P.A. 87‑1168.)
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(105 ILCS 5/34‑21.1) (from Ch. 122, par. 34‑21.1)
Sec. 34‑21.1.
Additional powers.
In addition to other powers and
authority now possessed by it, the board shall have power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955, as
heretofore or hereafter amended or from any individuals, partnerships or
corporations, any real or personal property for the purpose of securing
space for its school purposes or office or other space for its
administrative functions for a period of time not exceeding 40 years.
(2) To pay for the use of this leased property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore or hereafter amended.
(3) Such lease may be entered into without making a previous
appropriation for the expense thereby incurred; provided, however, that if
the board undertakes to pay all or any part of the costs of operating and
maintaining the property of a public building commission as authorized in
subparagraph (4) of this Section, such expenses of operation and
maintenance shall be included in the annual budget of such board annually
during the term of such undertaking.
(4) In addition, the board may undertake, either in the lease with a
public building commission or by separate agreement or contract with a
public building commission, to pay all or any part of the costs of
maintaining and operating the property of a public building commission for
any period of time not exceeding 40 years.
(5) To enter into agreements, including lease and lease purchase
agreements having a term not longer than 40 years from the date on which
such agreements are entered into, with private sector individuals,
partnerships, or corporations for the construction of school buildings,
school administrative offices, site development, and school support
facilities. The board shall maintain exclusive possession of all schools,
school administrative offices, and school facilities which it is occupying
or acquiring pursuant to any such lease or lease purchase agreement, and in
addition shall have and exercise complete control over the education
program conducted at such schools, offices and facilities. The board's
contribution under any such agreement shall be limited to the use of the
real estate and existing improvements on a rental basis which shall be
exempt from any form of leasehold tax or assessment, but the interests of
the board may be subordinated to the interests of a mortgage holder or
holders acquired as security for additional improvements made on the property.
(6) To make payments on a lease or lease purchase agreement entered into
pursuant to subparagraph (5) of this Section with an individual,
partnership, or a corporation for school buildings, school administrative
offices, and school support facilities constructed by such individual,
partnership, or corporation.
(7) To purchase the interests of an individual, partnership, or
corporation pursuant to any lease or lease purchase agreement entered into
by the board pursuant to subparagraph (5) of this Section, and to assume or
retire any outstanding debt or obligation relating to such lease or lease
purchase agreement for any school building, school administrative office,
or school support facility.
(8) Subject to the provisions of subparagraph (9) of this Section,
to enter into agreements, including lease and lease purchase
agreements, having a term not longer than 40 years from the date on which
such agreements are entered into for the provision of school buildings and
related property and facilities for an agricultural science school.
The enrollment in such school shall be limited to 600 students. Under
such agreements the board shall have exclusive possession of all such
school buildings and related property and facilities which it is occupying
or acquiring pursuant to any such agreements, and in addition shall have
and exercise complete control over the educational program conducted at
such school. Under such agreements the board also may lease to another
party to such agreement real estate and existing improvements which are
appropriate and available for use as part of the necessary school buildings
and related property and facilities for an agricultural science school.
Any interest created by such a lease shall be exempt from any form of
leasehold tax or assessment, and the interests of the board as owner or
lessor of property covered by such a lease may be subordinated to the
interests of a mortgage holder or holders acquired as security for
additional improvements made on the property. In addition, but subject to
the provisions of subparagraph (9) of this Section, the board is
authorized: (i) to pay for the use of school buildings and related
property and facilities for an agricultural science school as provided for
in an agreement entered into pursuant to this subparagraph (8) and to enter
into any such agreement without making a previous appropriation for the
expense thereby incurred; and (ii) to enter into agreements to purchase any
ownership interests in any school buildings and related property and
facilities subject to any agreement entered into by the board pursuant to
this subparagraph (8) and to assume or retire any outstanding debt or
obligation relating to such school buildings and related property and
facilities.
(9) Notwithstanding the provisions of subparagraph (8) of this Section
or any other law, the board shall not at any time on or after the effective
date of this amendatory Act of 1991 enter into any new lease or lease
purchase agreement, or amend or modify any existing lease, lease purchase
or other agreement entered into pursuant to subparagraph
(8), covering all or any part of the property or facilities, consisting of
78.85 acres more or less, heretofore purchased or otherwise acquired by the
board for an agricultural science school; nor shall the board enter into any
agreement on or after the effective date of this amendatory Act of 1991 to
sell, lease, transfer or otherwise convey all or any part of the property so
purchased or acquired, nor any of the school buildings or related facilities
thereon, but the same shall be held, used, occupied and maintained by the board
solely for the purpose of conducting and operating
an agricultural science school. The board shall not, on or after the
effective date of this amendatory Act of 1991, enter into any contracts or
agreements for the construction, alteration or modification of any new or
existing school buildings or related facilities or structural improvements
on any part of the 78.85 acres purchased or otherwise acquired by the board
for agricultural science school purposes,
excepting only those contracts or agreements that are entered into by the
board for the construction, alteration or modification of such school
buildings, related facilities or structural improvements that on the
effective date of this amendatory Act of 1991 are either located upon,
under construction upon or scheduled under existing plans and specifications
to be constructed upon a parcel of land, consisting of 17.45 acres more or
less and measuring approximately 880 feet along its northerly and southerly
boundaries and 864 feet along its easterly and westerly boundaries, located
in the northeast part of the 78.85 acres. Nothing in this subparagraph (9)
shall be deemed or construed to alter, modify, impair or otherwise affect
the terms and provisions of, nor the rights and obligations of the parties
under any agreement or contract made and entered into by the board prior to
the effective date of this amendatory Act (i) for the acquisition, lease or
lease purchase of, or for the construction, alteration or modification of
any school buildings, related facilities or structural improvements upon
all or any part of the 78.85 acres purchased or acquired by the board for
agricultural science school purposes, or (ii) for the lease by the board of
an irregularly shaped parcel, consisting of 23.19 acres more or less, of
that 78.85 acres for park board purposes.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(105 ILCS 5/34‑21.2) (from Ch. 122, par. 34‑21.2)
Sec. 34‑21.2.
Playgrounds.
The board shall take control and management of all public playgrounds
owned or acquired by the city which are adjacent to or connected with
any public school in the city and may equip, maintain and operate
them
for the moral, intellectual and physical welfare of the children and
persons using them. The title to all lands occupied as such playgrounds
shall vest in and be held by such city in trust for the use of schools.
Nothing herein shall prevent the city from owning and operating parks,
bathing beaches, municipal piers and athletic fields as provided by law.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑21.3) (from Ch. 122, par. 34‑21.3)
Sec. 34‑21.3.
Contracts.
The board shall by record vote let all
contracts (other than those excepted
by Section 10‑20.21 of The School Code) for supplies, materials,
work, and contracts with private carriers for transportation
of pupils, involving an expenditure in excess of $10,000 by competitive
bidding as provided in Section 10‑20.21 of The School Code.
The board may delegate to the general superintendent of schools, by
resolution, the authority to approve contracts in amounts of $10,000 or
less.
For a period of one year from and after the expiration or other termination
of his or her term of office as a member of the board: (i) the former board
member shall not be eligible for employment nor be employed by the board, a
local school council, an attendance center, or any other
subdivision or agent of the board or the school district governed by the board,
and (ii) neither the board nor the chief purchasing officer shall let or
delegate
authority to let any contract for
services, employment, or other work to the former board member or to any
corporation,
partnership, association, sole proprietorship, or other entity other than
publicly traded companies from which the
former board member receives an annual income, dividends, or other compensation
in excess of $1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing officer shall
contain a
provision stating that
the contract is not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation with the board,
shall (i) review existing conflict of interest and disclosure laws or
regulations that are applicable to the executive officers and governing boards
of school districts organized under this Article and school districts
generally, (ii) determine what additional disclosure and conflict of interest
provisions would enhance the reputation and fiscal integrity of the board and
the procedure under which contracts for goods and services are let, and (iii)
develop appropriate reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school district.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑21.4) (from Ch. 122, par. 34‑21.4)
Sec. 34‑21.4.
Full year feasibility study ‑ grant ‑ transitional
expenditure reimbursement.
The Board of Education may file an application with the State Board of
Education and, if approved, receive funds for
the purpose of conducting a study of the feasibility of operating one or
more schools within the district on a full year school plan pursuant to
Section 10‑19.1. Such feasibility study shall include, but need not be
limited to, the educational program, building and space needs,
administrative and personnel costs, pupil distribution in the district,
community attitudes, and transportation costs. The Board of Education
which conducts a feasibility study pursuant to this Section shall submit
a final report to the State Board of Education
upon completion of the study or within one year after receipt of funds,
whichever occurs first.
The Board of Education seeking State financial support to conduct
feasibility studies shall file applications with the State Board of Education
on forms provided by the State
Board.
The State Board of Education may grant or deny applications,
in whole or in part,
and provide the funds necessary to implement approved applications,
provided that the total amount of funds necessary to implement approved
applications does not exceed the annual appropriation for that purpose.
If, based upon the results of a full year feasibility study, the
Board determines that it will operate one or more schools within the
district in accordance with Section 10‑19.1, the State Board of Education
may, pursuant to guidelines established by the
State Board, reimburse the Board for expenditures resulting
from making such
transition, provided that no expenditures shall be reimbursed which
would have been incurred by the Board in the absence of a changeover to
a full year school program.
In the event any funds appropriated for transition reimbursement
during any fiscal year are insufficient for that purpose, payment shall
be made in the proportion that the total amount of such expenditures
bears to the total amount of money available for payment.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/34‑21.5) (from Ch. 122, par. 34‑21.5)
Sec. 34‑21.5.
The Board shall submit detailed and comprehensive written
reports, on February 15, 1980, April 15, 1980, May 15, 1980 and June 15,
1980, to the President of the Senate, the Minority Leader of the Senate,
the Speaker of the House, the Minority Leader of the House and any committee
or commission expressly created for the purpose of enforcing or reviewing
this Act, on its progress in establishing a sound financial structure.
These reports shall include, but are not limited to, the board's progress
on achieving an operational financial balance, the headcount of students
and employees, the ratio of certified versus noncertified educational personnel
and the number of collective bargaining units.
(Source: P.A. 81‑1221.)
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(105 ILCS 5/34‑21.6) (from Ch. 122, par. 34‑21.6)
Sec. 34‑21.6.
The board shall waive all fees assessed by the district
on children whose parents are unable to afford them, including but not limited
to children eligible for free lunches or breakfasts
under the Community School Lunch Program. The board shall develop written
policies and procedures implementing this Section in accordance with
regulations promulgated by the State Board of Education.
(Source: P.A. 86‑195.)
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(105 ILCS 5/34‑21.7)
Sec. 34‑21.7.
Racial reports.
Beginning July 1, 1994, all forms used by
school boards and school districts to collect information within racial
categories and all reports used to present information within racial categories
shall include a "Multiracial" category, if such information is collected and
reported for State or local purposes only.
(Source: P.A. 88‑71; 88‑670, eff. 12‑2‑94.)
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(105 ILCS 5/34‑22) (from Ch. 122, par. 34‑22)
Sec. 34‑22.
Buildings.
The board may erect, purchase or otherwise acquire
buildings suitable for school houses, for school administration, and for
deriving revenues from school lands, erect temporary school structures, erect
additions to, repair, rehabilitate and replace existing school buildings and
temporary school structures and may furnish and equip school buildings and
temporary school structures and may purchase or otherwise acquire and improve
sites therefor, the furnishing and equipping to include but not be limited to
furniture, libraries, apparatus, building and architectural supplies, fixtures
generally used in school buildings, including but not limited to heating and
ventilating systems, mechanical equipment, seats and desks, blackboards, window
shades and curtains, gymnasium and recreation apparatus and equipment,
auditorium and lunchroom equipment, and all items incidental thereto. The board
may use the proceeds of the sale of common school lands or any income from
investments of such proceeds in its treasury for any authorized purpose
and may deposit the proceeds into any district fund.
In erecting, purchasing or otherwise acquiring buildings for school
purposes, the board shall not do so in such a manner as to promote
segregation and separation of children in public schools because of
color, race or nationality.
(Source: P.A. 88‑670, eff. 12‑2‑94.)
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(105 ILCS 5/34‑22.1) (from Ch. 122, par. 34‑22.1)
Sec. 34‑22.1.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000. Provided, however, that not more than 25% of the aggregate
amount of said bonds shall be issued in any calendar year. The bonds
shall bear interest at the rate of not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, and shall
mature within not to exceed 20 years from their date, and may be made
callable on any interest payment date at par and accrued interest, after
notice has been given, at the time and in the manner provided in the
bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election in
accordance with the general election law and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and certify the resolution and the proposition
to the proper election authorities. In addition
to the requirements of the general election law the notice of the referendum
shall contain the amount of the bond
issue, maximum rate of interest and purpose for which issued.
This notice shall be published in accordance with the general election
law.
The proposition shall be in substantially the following form:
Shall bonds in the amount of $..... be issued by the board of education of the City of.... for the purpose of erecting, purchasing, or otherwise acquiring buildings YES suitable for school houses, erecting temporary school structures, erecting additions to, repairing, rehabilitating and replacing existing
school buildings and temporary school structures, and furnishing and equipping school buildings and temporary school structures, and NO purchasing or otherwise acquiring and improving sites for such purposes, bearing interest at the rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold upon such
terms as may be approved by the board by the city comptroller (or city
clerk if there be no comptroller) after advertisement for bids as
ordered by and under the direction of the board, and the proceeds
thereof shall be received by the city treasurer, as school treasurer,
and expended by the board for the purposes provided in the bond
resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86‑4 .)
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(105 ILCS 5/34‑22.2) (from Ch. 122, par. 34‑22.2)
Sec. 34‑22.2.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Section 34‑22.1.
The bonds shall bear interest at the rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract,
and shall mature within not to exceed 20 years from their date, and may
be made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the manner
provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question. The
board shall adopt a resolution providing for submitting said proposition at
such an election and certify the resolution and proposition to the proper
election authorities for submission to the electors in accordance with the
general election law. In addition to the requirements
of the general election law the notice of the referendum shall contain
the amount of
the bond issue, maximum
rate of interest and purpose for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of $..... be issued by the board of education of the City of.... for the purpose of erecting, purchasing, or otherwise acquiring buildings YES suitable for school houses, erecting temporary school structures, erecting additions to, repairing, rehabilitating and replacing existing
school buildings and temporary school structures, and furnishing and equipping school buildings and temporary school structures, and NO purchasing or otherwise acquiring and improving sites for such purposes, bearing interest at the rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to an exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4 .)
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(105 ILCS 5/34‑22.3) (from Ch. 122, par. 34‑22.3)
Sec. 34‑22.3.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Sections 34‑22.1
and 34‑22.2. The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature
within not to exceed
20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and shall certify the resolution and the
proposition to the proper election authorities for submission to the electors
in accordance with the general election law. In
addition to the requirements of the general election law the notice of
the referendum shall contain the amount of the bond issue, maximum rate
of interest and purpose
for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of $...... be issued by the board of education of the City of.... for the purpose of erecting, purchasing, or otherwise acquiring buildings YES suitable for school houses, erecting temporary school structures, erecting additions to, repairing, rehabilitating and replacing existing
school buildings and temporary school structures, and furnishing and equipping school buildings and temporary school structures, and NO purchasing or otherwise acquiring and improving sites for such purposes, bearing interest at the rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86‑4 .)
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(105 ILCS 5/34‑22.4) (from Ch. 122, par. 34‑22.4)
Sec. 34‑22.4.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating,
modernizing and replacing existing school buildings and temporary school
structures, and furnishing and equipping school buildings and temporary
school structures, and purchasing or otherwise acquiring and improving
sites for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Sections 34‑22.1,
34‑22.2, and 34‑22.3. The bonds shall bear interest at the rate of not
more than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, and shall
mature within not to exceed 20 years
from their date, and may be made callable on any interest payment date
at par and accrued interest, after notice has been given, at the time
and in the manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and approved by
a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and shall certify the resolution and the
proposition to the proper election authorities for submission in accordance
with the general election law. In addition to
the requirements of the general election law the notice of the referendum
shall contain the
amount of the bond issue, maximum rate of interest and purpose for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of $...... be issued by the board of education of the City of .... for the purpose of erecting, purchasing, or otherwise acquiring buildings YES suitable for school houses, erecting temporary school structures, erecting additions to, repairing, rehabilitating, modernizing and
replacing existing school buildings and temporary school structures, and furnishing and equipping school buildings and temporary school NO structures, and purchasing or otherwise acquiring and improving sites for such purposes, bearing interest at the rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board of such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4 .)
|
(105 ILCS 5/34‑22.5) (from Ch. 122, par. 34‑22.5)
Sec. 34‑22.5.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating,
modernizing and replacing existing school buildings and temporary school
structures, and furnishing and equipping school buildings and temporary
school structures, and purchasing or otherwise acquiring and improving
sites for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
Twenty‑five Million Dollars ($25,000,000) in addition to the bonds
authorized under Sections 34‑22.1, 34‑22.2, 34‑22.3, and 34‑22.4.
The bonds shall bear interest at the rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, and shall mature within not to exceed twenty years
from their date, and may be made callable on any interest payment date at par
and accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
proposition at such an election and certify the resolution
and the proposition to the proper election authorities for submission in
accordance with the general election law. In addition
to the requirements of the general election law the notice of the referendum
shall contain the
amount of the bond issue, maximum rate of interest and purpose for which
issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of $...... be issued by the board of education of the City of.... for the purpose of erecting, purchasing, or otherwise acquiring buildings YES suitable for school houses, erecting temporary school structures, erecting additions to, repairing, rehabilitating, modernizing and
replacing existing school buildings and temporary school structures, and furnishing and equipping school buildings and temporary school NO structures, and purchasing or otherwise acquiring and improving sites for such purposes, bearing interest at the rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4 .)
|
(105 ILCS 5/34‑22.6) (from Ch. 122, par. 34‑22.6)
Sec. 34‑22.6.
Issuance of bonds.
For the purpose of erecting,
purchasing, or otherwise acquiring buildings suitable for school houses,
erecting temporary school structures, erecting additions to, repairing,
rehabilitating, modernizing and replacing existing school buildings and
temporary school structures, and furnishing and equipping school buildings
and temporary school structures, and purchasing or otherwise acquiring and
improving sites for such purposes, the board may incur an indebtedness and
issue bonds therefor in an amount or amounts not to exceed in the aggregate
$150,000,000 in addition to the bonds authorized under
Sections 34‑22.1, 34‑22.2, 34‑22.3, 34‑22.4, 34‑22.5 and 34‑22.7.
Bonds authorized under this Section may also be issued for the purposes
of paying interest on such bonds, establishing reserves to secure such
bonds and paying the costs of issuance of such bonds.
In connection with the issuance of its bonds, the board may enter into
arrangements to provide additional security and liquidity for the bonds.
These may include, without limitation, municipal bond insurance, letters of
credit, lines of credit by which the board may borrow funds to pay or
redeem its bonds and purchase or remarketing arrangements for assuring the
ability of owners of the board's bonds to sell or to have redeemed their
bonds. The board may enter into contracts and may agree to pay fees to
persons providing such arrangements, including from bond proceeds but only
under circumstances in which the total interest paid or to be paid on the
bonds, together with the fees for the arrangements (being treated as if
interest), would not, taken together, cause the bonds to bear interest,
calculated to their absolute maturity, at a rate in excess of the maximum
rate allowed by law.
The resolution of the board authorizing the issuance of its bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the board, which may include, without limitation, a
variation in interest rates as may be necessary to cause bonds to be
remarketable from time to time at a price equal to their principal amount,
and may provide for appointment of a national banking
association, bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection. The
resolution of the board authorizing the issuance of its bonds
may provide that alternative interest rates or provisions will apply during
such times as the bonds are held by a person providing a letter of credit
or other credit enhancement arrangement for those bonds.
The Board may use proceeds of the sale of bonds authorized
under this Section to pay the cost of obtaining such municipal bond
insurance, letter of credit or other credit facilities. Bonds may also be
issued under this Section to pay the cost of refunding any bonds issued
under this Section, including prior to their maturity.
The bonds shall bear interest at a rate or rates not to exceed the
maximum annual rate provided for in Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and if issued
at such maximum annual rate shall be sold for not less than par and accrued
interest. If any of the bonds are issued to bear interest at a rate of
less than such maximum annual rate the minimum price at which they may be
sold shall be such that the interest cost to the board on the proceeds of
the bonds shall not exceed such maximum annual rate computed to stated
maturity according to standard tables of bond values.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds proposed
to be issued, the maturity or maturities thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal,
whether due at maturity or upon sinking fund installment dates, of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds authorized in this Section,
the board shall provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity, or
upon sinking fund installment dates, and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such ordinance,
it shall be the duty of such county clerk to extend the tax therein
provided for, including an amount to cover loss and cost of collecting
said taxes and also deferred collections thereof and abatements in the
amounts of such taxes as extended upon the collector's books. The
ordinance shall be in force upon its passage.
(Source: P.A. 85‑1418; 86‑1477.)
|
(105 ILCS 5/34‑22.7) (from Ch. 122, par. 34‑22.7)
Sec. 34‑22.7.
For the sole purpose of rehabilitating and accomplishing
the deferred maintenance of present school buildings the board, with the
consent of the city council expressed by ordinance, may incur an
indebtedness and issue bonds therefor without referendum in an amount or
amounts not to exceed in the aggregate $330,000,000. The bonds shall bear
interest at a rate of not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
and shall mature within not to exceed 20 years from their date, and may be
made callable on any interest payment date at par and accrued interest,
after notice has been given, at the time and in the manner provided in the
bond resolution.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and comptroller (or city clerk if
there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purpose provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized,
the board shall provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General Assembly
(i) that the Omnibus Bond Acts are and always have been supplementary grants
of power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii) that the provisions of this
Section are not a limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86‑4; 86‑1477.)
|
(105 ILCS 5/34‑22.8) (from Ch. 122, par. 34‑22.8)
Sec. 34‑22.8.
The board may, in 1972, borrow up to $35,000,000 from the proceeds of
bonds issued under Section 34‑22.7 and transfer such borrowed proceeds to
the educational purposes fund. The board shall direct any such borrowing
and transfer by resolution adopted by the board and signed by the president
and secretary of the board. Each resolution shall specify the amount to be
borrowed and transferred, the date on which the transaction shall take
effect, and a date within five years of the date of the borrowing and
transfer by which time the proceeds shall be repaid to the fund from which
the transfer was made. The city treasurer, as school treasurer, shall
transfer funds as directed by resolution adopted pursuant to this section.
When such loan has been made the board may, at any time after the adoption
of the annual school budget, adopt by a majority vote of the full
membership of the board, a supplemental budget to provide for the use of
the added revenues by adding appropriations to those made in the annual
school budget in an amount that shall not exceed the sum so borrowed. The
supplemental budget shall be regarded as an amendment of the annual school
budget for that year. All funds borrowed and transferred pursuant to this
section shall be repaid to the fund from which they were transferred within
five years of the date of transfer. The board upon approval by 3/5 of the
members may use the proceeds of the sale or mortgage of common school lands
or any income from investments of such proceeds to repay any such loan.
(Source: P.A. 78‑200.)
|
(105 ILCS 5/34‑22.9) (from Ch. 122, par. 34‑22.9)
Sec. 34‑22.9.
Termination of authority to issue
bonds for rehabilitation and deferred maintenance of school buildings.
Effective July 1, 1984, the board shall not subsequently issue any bonds
therefor as provided by and authorized under Section 34‑22.7; provided,
however, that nothing contained herein shall effect the validity of any
obligations of the board lawfully incurred, pursuant to authorization
granted by that Section, and existing on or prior to July 1, 1984. All
such obligations shall be discharged as provided pursuant to that
authorization and the extension for collection of taxes of the board,
pursuant to levies made in accordance with that authorization, shall in no
way be impaired or restricted.
(Source: P.A. 83‑1270.)
|
(105 ILCS 5/34‑22.10) (from Ch. 122, par. 34‑22.10)
Sec. 34‑22.10.
Issuance of bonds.
For the sole purpose of purchasing or otherwise acquiring
school buildings and related property and facilities for an agricultural
science school pursuant to an agreement entered into pursuant to
subparagraph (7) of Section 34‑21.1,
the board may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate $20,000,000
in addition to the bonds authorized under
Sections 34‑22.1, 34‑22.2, 34‑22.3, 34‑22.4, 34‑22.5, 34‑22.6 and 34‑22.7.
Bonds authorized under this Section may also be issued for the purposes
of paying interest on such bonds, establishing reserves to secure such
bonds and paying the costs of issuance of such bonds.
In connection with the issuance of its bonds, the board may enter into
arrangements to provide additional security and liquidity for the bonds.
These may include, without limitation, municipal bond insurance, letters of
credit, lines of credit by which the board may borrow funds to pay or
redeem its bonds and purchase or remarketing arrangements for assuring the
ability of owners of the board's bonds to sell or to have redeemed their
bonds. The board may enter into contracts and may agree to pay fees to
persons providing such arrangements, including from bond proceeds but only
under circumstances in which the total interest paid or to be paid on the
bonds, together with the fees for the arrangements (being treated as if
interest), would not, taken together, cause the bonds to bear interest,
calculated to their absolute maturity, at a rate in excess of the maximum
rate allowed by law.
The Board may use proceeds of the sale of bonds authorized
under this Section to pay the cost of obtaining such municipal bond
insurance, letter of credit or other credit facilities. Bonds may also be
issued under this Section to pay the cost of refunding any bonds issued
under this Section,
including prior to their maturity.
The bonds shall bear interest at a rate or rates not to exceed the
maximum annual rate provided for in Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and if issued
at such maximum annual rate shall be sold for not less than par and accrued
interest. If any of the bonds are issued to bear interest at a rate of
less than such maximum annual rate the minimum price at which they may be
sold shall be such that the interest cost to the board on the proceeds of
the bonds shall not exceed such maximum annual rate computed to stated
maturity according to standard tables of bond values.
The resolution of the board authorizing the issuance of its bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the board, which may include, without limitation, a
variation in interest rates as may be necessary to cause bonds to be
remarketable from time to time at a price equal to their principal amount,
and may provide for appointment of a national banking
association, bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection. The
resolution of the board authorizing the issuance of its bonds
may provide that alternative interest rates or provisions will apply during
such times as the bonds are held by a person providing a letter of credit
or other credit enhancement arrangement for those bonds.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds proposed
to be issued, the maturity or maturities thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal,
whether due at maturity or upon sinking fund installment dates, of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds authorized in this Section,
the board shall, by resolution, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity, or
upon sinking fund installment dates, and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
resolution,
it shall be the duty of such county clerk to extend the tax therein
provided for, including an amount to cover loss and cost of collecting
said taxes and also deferred collections thereof and abatements in the
amounts of such taxes as extended upon the collector's books. The
resolution shall be in force upon its passage.
(Source: P.A. 86‑930.)
|
(105 ILCS 5/34‑23) (from Ch. 122, par. 34‑23)
Sec. 34‑23.
Tax anticipation warrants.
When there is not sufficient money
in the treasury to meet the
ordinary and necessary expenses for educational and for building
purposes, and for the purpose of paying the principal of and interest on
bonds to
order issued warrants against and in anticipation of any taxes levied
for the payment of the expenditures for educational and for building
purposes, and for the purpose of paying the principal of and interest on
bonds, to the extent of 85% of the total amount of the taxes levied for
such purpose; provided, that whenever a working cash fund has been
created pursuant to Sections 34‑30 through 34‑36 warrants shall at no
time be drawn against any such taxes levied for educational purposes for
such an amount that the aggregate of (a) the amount of such warrants,
with the interest to accrue thereon, (b) the aggregate amount of
warrants theretofore drawn against such taxes and the interest accrued
and to accrue thereon, and (c) the aggregate amount of money theretofore
transferred from the working cash fund to the educational purposes fund
exceeds 90% of the actual or estimated amount of such taxes extended or
to be extended by the county clerk upon the books of the collector or
collectors of State and county taxes within the school districts.
Warrants may, however, be issued against and in anticipation of any
taxes levied for the expenditures for building purposes to the extent of
90% of the total amount of taxes levied for such purposes whenever and
only if the board in connection with a grant of money from the federal
government or a pledge to any agency, instrumentality, corporation,
administration or bureau of the United States of America in connection
with such grant, sells or pledges to the federal government or to any
agency, instrumentality, corporation, administration or bureau of the
United States of America, warrants issued in excess of 75% but not
exceeding 90% of the total amount of taxes levied for the payment of the
expenditures for building purposes.
(Source: P.A. 86‑930.)
|
(105 ILCS 5/34‑23.5)
Sec. 34‑23.5.
Issuance of notes, bonds, or other obligations in lieu of
tax anticipation warrants.
(a) In lieu of issuing tax anticipation warrants in accordance with
Section 34‑23 of this Code, the board may issue notes, bonds, or other
obligations (and in connection with that issuance, establish a line of
credit with a bank) in an amount not to exceed 85% of the amount of
property taxes most recently levied for educational and building
purposes. Moneys thus borrowed shall be applied to the purposes for
which they were obtained and no other purpose. All moneys so borrowed
shall be repaid exclusively from property tax revenues within 60 days after the
property tax revenues have been received by the board.
(b) Borrowing authorized under subsection (a) of this Section shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, from the date of issuance until paid.
(c) Prior to the board borrowing or establishing a line of credit
under this Section, the board shall authorize, by resolution, the
borrowing or line of credit. The resolution shall set forth facts
demonstrating the need for the borrowing or line of credit, state the
amount to be borrowed, establish a maximum interest rate limit not to
exceed that set forth in subsection (b) of this Section, and provide a date
by which the borrowed funds shall be repaid. The resolution shall direct
the relevant officials to make arrangements to set apart and hold the
taxes, as received, that will be used to repay the borrowing. In addition,
the resolution may authorize the relevant officials to make partial
repayments of the borrowing as the taxes become available and may
contain any other terms, restrictions, or limitations not inconsistent with
the provisions of this Section.
(Source: P.A. 92‑620, eff. 7‑11‑02.)
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(105 ILCS 5/34‑24) (from Ch. 122, par. 34‑24)
Sec. 34‑24.
Numbering of warrants ‑ Setting apart taxes ‑ Interest.
Warrants drawn and issued under Section 34‑23 shall be numbered
consecutively in the order of their issuance and shall show upon their face
that they are payable solely from said taxes when collected, and not
otherwise, and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued. Such taxes against which the warrants are drawn shall be set
apart and held for their payment, as herein provided. Such warrants shall
bear interest, payable out of the taxes against which they are drawn, at
the rate of not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
if issued before
July 1, 1971 and if
issued thereafter at the rate of not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, from the date
of their issuance until paid, or until notice is given by publication in a
newspaper or otherwise that the money for their payment is available and
that they will be paid on presentation.
Reissued warrants shall bear the index numerical designation of the
original warrant, shall be subnumbered consecutively in the order of
reissuance, and shall be paid in the direct order of reissuance, beginning
with the earliest subnumber. All warrants so reissued shall be paid prior
to the payment of any warrant, or any reissuance thereof, issued
subsequently to the date of issuance of such original warrant and in
anticipation of the collection of the same tax.
Any such outstanding warrants may be paid in the order of their
issuance, beginning with the warrants having the lowest number.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4.)
|
(105 ILCS 5/34‑25) (from Ch. 122, par. 34‑25)
Sec. 34‑25.
Use
of special funds to purchase tax anticipation warrants ‑ Payment.
Any board holding in its treasury any fund set aside for use for some
particular purpose that is not immediately necessary for such purpose may
by resolution adopted by a vote of a majority of the full membership of the
board use the money in such fund, or in the aggregate of such funds if
there may be more than one, in the purchase of tax anticipation warrants of
the board ordered issued by the city council of such city at the request of
said board of education. Such warrants shall bear interest not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. All interest on such warrants and
all moneys paid in redemption
or received from the resale thereof shall at once be credited to and placed
in such fund so held by the board. No board, however, so using any of its
own funds for the purchase of tax anticipation warrants shall apply to the
payment thereof while so held by it any taxes against and in anticipation
of which such warrants have been issued, unless and until all warrants and
the interest thereon, issued by the board against and in anticipation of
the same taxes and sold to other purchasers at public or private sale, and
all bonds, together with interest thereon, issued pursuant to the
provisions of this Act, have been first paid or moneys sufficient for the
payment thereof have been deposited with the treasurer of the board as a
special fund to be held and used solely for the purpose of paying such
warrants and bonds with interest thereon when presented. This section does
not prevent the resale or reissue of any warrants as provided in Section
34‑26.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4.)
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(105 ILCS 5/34‑26) (from Ch. 122, par. 34‑26)
Sec. 34‑26.
Resale of tax anticipation warrants‑Sale of new warrants.
If it is deemed necessary or expedient to convert into money any tax
anticipation warrants issued and purchased by public funds pursuant to
Section 34‑‑25 before the receipt of taxes in anticipation of which the
warrants were issued, the board by resolution adopted by a vote of a
majority of its entire membership may authorize a resale of such warrants
and adjust the interest rate thereon, or as permitted by statute may
authorize the issuance and sale of a like principal amount of new warrants
for the same purpose and in anticipation of the same taxes as the original
warrants were issued and bearing any date subsequent to the date of the
original tax anticipation warrants, the new tax anticipation warrants to be
of the denomination and bear such interest not to exceed the statutory
rate, all as may be authorized by such resolution. Upon the delivery of the
new tax anticipation warrants, a like principal amount of such original
warrants that were issued against the same tax that is anticipated by the
new warrants shall be paid and cancelled and the proceeds of the sale of
the new tax anticipation warrants shall be used first to restore to the
funds so invested in the original tax anticipation warrants money
equivalent to the par value and accrued interest of the original tax
anticipation warrants and the balance, if any, shall revert to the fund for
the creation of which the tax so anticipated was levied. Warrants so resold
or reissued shall have the same incidence of priority with respect to
payment and shall be paid in the same manner as other warrants issued in
anticipation of the same tax and sold in the first instance to any
purchaser other than the issuing board of education.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑27) (from Ch. 122, par. 34‑27)
Sec. 34‑27.
Use
of special funds to purchase outstanding bonds.
If the board has in its treasury any fund set aside for some particular
purpose that is not immediately necessary for such purpose, it may by
resolution adopted by a majority of its full membership use the money in
such fund in the purchase of bonds issued by the board representing an
obligation and pledging the credit of the board, and all interest upon such
bonds and all moneys paid in redemption of the bonds or realized from the
sale thereof shall at once be credited to and placed in such fund.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑28) (from Ch. 122, par. 34‑28)
Sec. 34‑28.
Investment of school funds.
Investments of school funds shall be
made by the board of education only in Federal Government, State or municipal
securities the payment of which is protected by the power to levy taxes
therefor or in certificates of deposit constituting direct obligations of any
savings and loan association, or any bank as defined by the Illinois Banking
Act, as heretofore and hereafter amended, provided, however, that such
investments in certificates of deposit may be made only in those banks which
are insured by the Federal Deposit Insurance Corporation or in withdrawable
capital accounts or deposits of State or Federal chartered savings and loan
associations which are insured by the Federal Savings and Loan Insurance
Corporation.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(Source: P.A. 86‑1028.)
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(105 ILCS 5/34‑29) (from Ch. 122, par. 34‑29)
Sec. 34‑29.
Audit of accounts.
The board shall for each fiscal year and may as often as necessary,
appoint certified public accountants to examine the business methods and
audit the accounts of the board as of December 31, 1972, as of December 31,
1973, as of August 31, 1974, as of August 31 of each year
thereafter through August 31, 1996, as of June 30, 1997, and as of June 30 of
each year thereafter,
and a report thereof, together with any recommendations of such accountants
as to changes in business methods of the board or any of its departments,
officers or employees shall be made to the mayor, the city council, and the
board and be filed in the records of the board. The
board shall prepare
and publish an annual report including in detail all receipts and
expenditures, specifying the source of the receipts and the objects of the
expenditures, and shall transmit it to the mayor and the city council. The
board shall account for the expenses of each fiscal year but shall not be
required to make any apportionment of such expenses between the two
separate levies made during each calendar year.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑29.1) (from Ch. 122, par. 34‑29.1)
Sec. 34‑29.1.
General obligation notes ‑ Limitations ‑ Issuance ‑
Tax levy ‑ Tax rate ‑ Reimbursement to working cash fund. The
board may incur an indebtedness by the issuance of full faith and
credit general obligation notes in an amount not to exceed 85% of the
taxes levied for educational purposes, building purposes and the
purchase of school grounds, free textbook purposes and for school
playground and recreation purposes respectively, in the fiscal year in
which said notes are issued, without the submission to the electors of
the school district or city for approval of the question of the issuance
of such notes, provided, however, no notes shall be issued when there
are outstanding tax anticipation warrants issued or to be issued against
such taxes, nor shall such full faith and credit general obligation
notes, tax anticipation warrants, or amounts transferred from the
working cash fund, in the aggregate, exceed 90% of the taxes
levied for the aforesaid purposes. Such notes shall bear interest at a
rate of not to exceed
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the
time of the making of the contract, or (ii)8% per annum, and shall mature
within 2 years from date.
Whenever the board desires to issue such notes as herein authorized,
it shall adopt a resolution designating the purposes for which the
proceeds of the notes are to be expended and fixing the amount of the
note proposed to be issued, the maturity thereof, and optional
provisions, if any, the rate of interest thereon, and the amount of
taxes to be levied annually for the purpose of paying the interest upon
and the principal of said notes.
Said notes shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold by the board
upon such terms as may be approved by the board, and the proceeds
thereof shall be received by the city treasurer, as school treasurer,
and expended by the board for the purposes provided in the resolution
authorizing any such notes.
Before or at the time of issuing any notes herein authorized,
the board shall, by resolution, provide for the levy
and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
resolution, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The resolution shall be in force upon its passage.
After any such notes have been issued and while such notes are
outstanding, it shall be the duty of the county clerk wherein such
school district is located in computing the several tax rates for the
several purposes respectively for which the notes have been issued
respectively to reduce said tax rates respectively levied for such
purposes respectively by the amount levied to pay the principal of and
interest on such notes respectively to maturity, provided the tax rate
for educational purposes shall not be reduced beyond the amount
necessary to reimburse any money borrowed from the working cash fund,
and it shall be the duty of the secretary of the board annually, not
less than thirty (30) days prior to the tax extension date, to certify
to the county clerk of the county wherein such school district is
located the amount of money borrowed from the working cash fund to be
reimbursed from the educational purposes tax.
No reimbursement shall be made to the working cash fund until there
has been accumulated from the tax levy provided for the notes issued for
educational purposes an amount sufficient to pay the principal of and
interest on such notes as the same become due.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86‑4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86‑4; 86‑930; 86‑1028.)
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(105 ILCS 5/34‑29.2) (from Ch. 122, par. 34‑29.2)
Sec. 34‑29.2.
Debt service funds for obligations.
(a) The board shall establish debt service funds, each to be maintained by a
corporate trustee (which may be any trust company or bank having the power of a
trust
company within the State) separate and segregated from all other funds and
accounts of the board, for those issues of obligations of
the board for the payment of which a separate tax has been or is to be levied,
including, without limitation, a debt service fund for the
general obligation bonds of the board, a debt service fund for the
general obligation notes of the board and a debt service fund for the lease
rentals payable by the board to the Public Building Commission of Chicago.
Such funds shall be established for each such outstanding obligation of
the board and also for each such obligation as shall be issued by the board
after the effective date of this amendatory Act of 1981. The trustee
maintaining
each such debt service fund shall account separately on its books and records
for each such issue of such obligations.
(b) The city treasurer, as ex officio treasurer of the board, shall, with
respect to each collection of taxes levied on behalf of the board, allocate
the amounts collected among the issues of such obligations
and deliver a report of such allocation to the county collector of each county
wherein the board is located. On the basis of such allocation, the county
collector shall pay the proceeds
of each separate tax levied for the payment of any issue of such
obligations upon receipt directly to the corporate trustee maintaining the
debt service fund for
such obligations for deposit in such debt service fund.
In addition, the board shall pay the amount of personal property tax replacement
tax revenues applicable to each issue of such obligations
upon receipt directly to the corporate trustee maintaining the debt service
fund for such obligations for deposit in such debt service
fund. Each such deposit shall be held in trust for the benefit of the party
or parties to whom payment of such obligations is payable.
All such proceeds of such taxes and revenues shall be applied solely for the
payment of the related obligations and shall not be used for
any other purpose until such obligations are paid in full.
Each levy of such taxes shall
be for the sole benefit of the party or parties to whom payment of such
obligations is payable and such party or parties
shall have a security interest in and lien upon all rights, claims and interest
of the board arising pursuant to any such
levy and all present and future proceeds of such levy until such
obligations are paid in full.
Such party or parties shall further have a security interest in and lien
upon all personal property tax replacement tax revenues upon deposit in
the appropriate debt service fund as above provided.
(c) Any lien or security interest for the benefit of the party or parties
to whom any such obligations are payable, made pursuant
to this Act, shall be valid and binding from the effective date of the
amendatory Act of 1980, and with respect to any obligations issued after
the effective date of this amendatory Act of 1981, shall be valid and binding
from the date of issue of such obligations, in each case without any physical
delivery or further act, and shall be valid and binding as against, and
prior to any claims of, all other parties
having claims of any kind in tort, contract or otherwise, against the board,
irrespective of whether such parties have notice thereof.
(d) Any monies on deposit in any such debt service fund and not necessary
for immediate use may be invested or reinvested in Investment Obligations,
as defined in Section 34A‑103 of this Act.
The board may from time to time withdraw from any such debt service fund,
to the extent not prohibited by the resolution of the board authorizing
issuance of such obligations, the amount of interest or other
investment
earnings in such funds but only to the extent that the total amounts in such
fund
after
such withdrawal shall not be less than the requirements for that fund. Any
amounts deposited in any such debt service fund not required for payment of
principal of or interest on any obligation because that payment has been made
or provided for may be withdrawn by the board from the fund at any time, but
only to the extent that the total amount in the fund after the withdrawal is
not less than the requirements for the fund. The board is not required to make
any tax abatement with respect to any such amounts withdrawn or on account of
any provision for payment of principal of or interest on obligations. Any
amounts so withdrawn by the board may be used for any lawful purpose of the
board.
(Source: P.A. 88‑511.)
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(105 ILCS 5/34‑29.3) (from Ch. 122, par. 34‑29.3)
Sec. 34‑29.3.
Transfer of excess funds.
When bonds are issued under
Sections 34‑22 through 34‑22.7, and the purposes for which the bonds have
been issued are accomplished and paid for in full and there remain funds
on hand from the bonds so issued, the board by resolution may transfer such
excess funds to the working cash fund.
(Source: P.A. 84‑1334 .)
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(105 ILCS 5/34‑30) (from Ch. 122, par. 34‑30)
Sec. 34‑30.
Establishment of fund authorized‑Purpose.
The board may, by resolution, establish a fund to be known as a "working
cash fund" which shall be maintained and administered for the purpose of
enabling the board to have in its treasury at all times sufficient money to
meet demands thereon for ordinary and necessary expenditures for
educational purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑31) (from Ch. 122, par. 34‑31)
Sec. 34‑31.
Bond issue to increase fund.
(a). Where the board has created and is maintaining such a working
cash fund for the purposes above mentioned, it may, with the consent of
the city council expressed by ordinance, incur an indebtedness for the
purpose of increasing such fund and issue bonds therefor from time to
time, in an amount or amounts not exceeding in the aggregate
$75,000,000, exclusive of all bonded indebtedness authorized for that
purpose prior to May 16, 1967, without the submission thereof to the
electors of the school district or city for approval.
(b). The board may incur an additional indebtedness for the purpose
of further increasing such fund and issue additional bonds therefor,
from time to time, in an amount or amounts not exceeding in the
aggregate $20,000,000, exclusive of all bonded indebtedness authorized
for that purpose prior to the effective date of this amendatory Act of
1971, without the submission thereof to the electors of the school
district or city for approval.
(c). The board may incur an additional indebtedness for the purpose
of further increasing such fund and issue additional bonds therefor,
from time to time, in an amount or amounts not exceeding in the
aggregate $25,000,000, exclusive of all bonded indebtedness authorized
for that purpose prior to the effective date of this amendatory Act of
1973, without the submission thereof to the electors of the school
district or city for approval.
(d). The board may incur an additional indebtedness for the purpose of
further increasing such fund and issue additional bonds therefor, from time
to time, in an amount or amounts not exceeding in the aggregate $31,000,000,
exclusive of all bonded indebtedness authorized for that purpose prior to
the effective date of this amendatory Act of 1977, without the submission
thereof to the electors of the school district or city for approval.
(e). Any bonds issued under paragraphs (a), (b), (c) or (d) of this
Section shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall mature within 20 years from date of issue. The authority herein
granted in paragraphs (a), (b), (c) and (d) shall be considered exclusive of
each other and as cumulative authority for the issuance of such bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4.)
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(105 ILCS 5/34‑32) (from Ch. 122, par. 34‑32)
Sec. 34‑32.
Resolution for bond issue‑Signature‑Sale.
Before issuing any bonds under Section 34‑31, as amended, the board
shall adopt a resolution designating the purpose and fixing the amount of
the bonds proposed to be issued, the maturity thereof, the rate of interest
thereon and the amount of taxes to be levied annually for the purpose of
paying the principal and interest.
The bonds shall be issued in the corporate name of the school district.
They shall be signed by the president and secretary of the board, and
countersigned by the mayor and the comptroller (or city clerk if there be
no comptroller) of the city. They shall be sold by the city comptroller (or
city clerk if there be no comptroller) at not less than par upon such terms
as may be approved by the board after advertisement for bids as ordered by
and under the direction of the board and the proceeds thereof shall be
received by the city treasurer, as school treasurer, for the uses herein
provided.
(Source: Laws 1961, p. 3226.)
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(105 ILCS 5/34‑33) (from Ch. 122, par. 34‑33)
Sec. 34‑33.
Tax
for payment of bonds.
Before or at the time of issuing bonds under Sections 34‑‑31 and 34‑‑32,
as amended, the city council, upon the demand and under the direction of
the board, shall, by ordinance, provide for the collection of a direct
annual tax upon all the taxable property of the school district sufficient
to pay and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Upon the filing in the office of the
county clerk of the county wherein the school district is located of a
certified copy of any such ordinance the county clerk shall extend the tax
therein provided for. The ordinance shall be in force upon its passage.
(Source: Laws 1961, p. 3226.)
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(105 ILCS 5/34‑34) (from Ch. 122, par. 34‑34)
Sec. 34‑34.
Bond moneys set apart‑Use and reimbursement of fund.
All
moneys derived from the issuance of bonds under Sections 34‑31 and
34‑32, or from any tax levied pursuant to Section 34‑57 when received by
the city treasurer, as school treasurer, shall be set apart in the
working cash fund. The moneys in such fund shall not be regarded as
current assets available for appropriation and shall not be appropriated
by the board in the annual school budget, but in order to provide moneys
with which to meet ordinary and necessary disbursements for salaries and
other educational purposes may be transferred, in whole or in part, to
the educational purposes fund of the board and so disbursed therefrom
(a) in anticipation of the collection of any taxes lawfully levied for
educational purposes, (b) in anticipation of the receipt of moneys to be
derived from the common school fund of the State and from State
appropriations, or (c) in anticipation of such taxes, as by law now or
hereafter enacted or amended, imposed by the General Assembly of the
State of Illinois to replace revenue lost by units of local government
and school districts as a result of the abolition of ad valorem personal
property taxes, pursuant to Article IX, Section 5(c) of the Constitution
of the State of Illinois. Moneys transferred to the educational
purposes fund in anticipation of the collection of taxes shall be deemed
to have been transferred in anticipation of the collection of that part
of the taxes so levied or to be received which is in excess of the
amount or amounts thereof required to pay any warrants, and the interest
thereon, theretofore or thereafter issued under Sections 34‑22 through
34‑24, the amount estimated to be required to satisfy debt service and
pension or retirement obligations as set forth in Section 12 of "An Act
in relation to State revenue sharing with local government entities", approved
July 31, 1969, as amended.
Such taxes levied for educational purposes when collected
shall be applied first to the payment of any such warrants or notes and
the interest thereon and
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and
then to the reimbursement of the working cash
fund as hereinafter provided. Upon the receipt by the city treasurer, as
school treasurer, of any taxes or other moneys, in anticipation of the
collection or receipt whereof moneys of the working cash fund have been
so transferred for disbursement, such fund shall immediately be
reimbursed therefrom until the full amount so transferred has been
re‑transferred to said fund. If taxes in anticipation of the collection
of which such transfers are made are not collected in sufficient amounts
to effect a complete reimbursement of the working cash fund of the
amounts transferred from the working cash fund to the educational
purposes fund the deficiencies between the amounts thus transferred and
the amounts repaid from collections shall be general obligations of the
educational purposes fund until repaid either from taxes in anticipation
of which transfers were made or from appropriations which may be made in
annual school budgets of sums of money to apply on such general
obligations or until repaid from both the taxes in anticipation of which
such transfers were made and from appropriations which may be made in
annual school budgets of sums of money to apply on such general
obligations.
(Source: P.A. 81‑1506.)
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(105 ILCS 5/34‑35) (from Ch. 122, par. 34‑35)
Sec. 34‑35.
Resolution for transfer from fund‑Amount transferred.
Moneys shall be transferred from the working cash fund to the
educational purposes fund only upon the authority of the board, which
shall by resolution direct the school treasurer to make such transfers.
The resolution shall set forth (a) the taxes or other funds in
anticipation of the collection or receipt of which the working cash fund
is to be reimbursed, (b) the entire amount of taxes extended, or which
the board shall estimate will be extended or received, for any year in
anticipation of the collection of all or part of which such transfer is
to be made, (c) the aggregate amount of warrants or notes theretofore
issued in anticipation of the collection of such taxes under the
provisions of Sections 34‑22 through 34‑24 together with the amount of
interest accrued and which the board of education estimates will accrue
thereon, (d) the amount of moneys which the board of education estimates
will be derived for any year from the common school fund of the State
and from State appropriations in anticipation of the receipt of all or
part of which such transfer is to be made, (e)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government
entities", approved July 31, 1969, as amended, and (f)
the aggregate amount
of moneys theretofore transferred from the working cash fund to the
educational purposes fund in anticipation of the collection of such
taxes or of the receipt of such other moneys from the State. The amount
which the resolution shall direct the school treasurer so to transfer in
anticipation of the collection of taxes levied or to be received for any
year, together with the aggregate amount of such anticipation tax
warrants or notes theretofore drawn against such taxes
and the amount of
the interest accrued and estimated to accrue thereon, the amount estimated
to be required to satisfy debt service and pension or
retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
and the aggregate
amount of such transfers theretofore made in anticipation of the
collection of such taxes shall not exceed 90% of the actual or estimated
amount of such taxes extended or to be extended or to be received as set
forth in the resolution. The amount which the resolution shall direct
the school treasurer so to transfer in anticipation of the receipt of
moneys to be derived for any year from the common school fund of the
State or from any State appropriation, together with the aggregate
amount theretofore transferred in anticipation of the receipt of any
such moneys, shall not exceed the total amount which it is so estimated
will be received from such source. When moneys are available in the
working cash fund they shall be transferred to the educational purposes
fund and disbursed for the payment of salaries and other educational
expenses so as to avoid, whenever possible, the issuance of tax
anticipation warrants or notes.
(Source: P.A. 81‑1506.)
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(105 ILCS 5/34‑36) (from Ch. 122, par. 34‑36)
Sec. 34‑36.
Violations of provisions‑Liability.
Any member of the board or any officer thereof or of the city, or any
other person holding any other trust or employment under the board or
city, who is guilty of the wilful violation of any of the provisions of
Sections 34‑30 through 34‑35, shall be guilty of a business offense
and may be fined not exceeding $10,000 and shall forfeit his right to
his office, trust or employment and shall be removed therefrom. Any such
member, officer or person shall be liable for any sum that may be
unlawfully diverted from the working cash fund or otherwise used, to be
recovered by the board or by any taxpayer in the name and for the
benefit of the board in an appropriate civil action. A taxpayer so
suing shall file a bond for and shall be liable for all costs taxed
against the board in such suit. Nothing herein shall bar any other
remedies.
(Source: P.A. 79‑1366.)
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(105 ILCS 5/34‑37) (from Ch. 122, par. 34‑37)
Sec. 34‑37.
Abolishment of working cash funds.
The board may abolish
its working cash fund, upon the adoption of a resolution so providing, and
directing the transfer of any balance in such fund to the educational purposes
fund, effective upon the adoption of such resolution. Thereafter, all outstanding
taxes of such board levied pursuant to Section 34‑57 of this Article shall
be collected and paid into the educational fund. Any obligation incurred
by such board pursuant to Section 34‑31 of this Article shall be discharged
as therein provided. Nothing contained herein shall affect the validity
of any existing obligations of the board.
(Source: P.A. 81‑1221.)
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(105 ILCS 5/34‑38) (from Ch. 122, par. 34‑38)
Sec. 34‑38.
Re‑creation of working cash fund.
Nothing in this Article prevents
a board which has abolished its working cash fund from again creating a
working cash fund in the manner provided in Section 34‑30 of this Article;
provided, however that should the working cash fund be so recreated, the
board shall not thereby be authorized to issue working cash fund bonds in
an amount greater than the amount authorized at the time of abolition of
such fund, and no tax shall be levied for the recreated working cash fund
pursuant to Section 34‑57 of this Article.
(Source: P.A. 81‑1221.)
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(105 ILCS 5/34‑42) (from Ch. 122, par. 34‑42)
Sec. 34‑42.
Fiscal year.
The period commencing January 1, 1974 and ending
August 31, 1974 shall be a fiscal year. Beginning September 1, 1974, each
fiscal year of the board through fiscal year 1996 shall commence on September 1
of each year and end on August 31 of the following year. The period commencing
September 1, 1996 and ending June 30, 1997 shall be a fiscal year. Beginning
July 1, 1997 and thereafter, the fiscal year of the board shall commence on
July 1 of each year and end on June 30 of the following year.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑42.1) (from Ch. 122, par. 34‑42.1)
Sec. 34‑42.1.
For the fiscal year commencing January 1, 1974 to and including August
31, 1974, the board shall within 60 days from January 1, 1974 adopt a
budget in and by which the board shall appropriate such sums of money as
may be required to defray all of its estimated expenses and liabilities to
be paid or incurred during such fiscal year commencing January 1, 1974 and
ending August 31, 1974.
(Source: P. A. 77‑2734.)
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(105 ILCS 5/34‑42.2) (from Ch. 122, par. 34‑42.2)
Sec. 34‑42.2.
The board and the authorities of the district or city, as the case may
be, may levy within the first 60 days of calendar year 1974, upon all the
taxable property of such district or city, that portion of the annual taxes
which is required to provide the necessary revenue to defray the expenses,
charges and liabilities to be paid or incurred by the board for the fiscal
year commencing January 1, 1974 to and including August 31, 1974; provided,
however, that the total amount of such levy certified to the county clerk
for extension shall not exceed a sum equivalent to 2/3 of the tax rates
authorized to be levied by Sections 34‑53, 34‑53.1, 34‑57, 34‑58, 34‑60,
34‑62, 34‑128 and by Section 17‑128 of the Illinois Pension Code.
(Source: P.A. 78‑497.)
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(105 ILCS 5/34‑43) (from Ch. 122, par. 34‑43)
Sec. 34‑43.
Adoption of budget and resolution.
The board shall, within the first 60 days of each fiscal year, adopt a
budget and pass a resolution to be termed the "annual school budget",
hereinafter called the "budget", in and by which the board, subject to the
limitations hereinafter contained, shall appropriate such sums of money as
may be required to defray all of its estimated expenses and liabilities to
be paid or incurred during the fiscal year.
The budget shall be balanced in each year within standards established by
the board, consistent with the provisions of this Article.
The budget may provide for the accumulation of funds for educational purposes
as the board may direct for capital improvements or in order to achieve a
balanced budget in a future year within the 4‑year period of the board's
financial plan to begin in that budget year. The budget may also provide for a
reserve in the educational fund to ensure uninterrupted services in the event
of unfavorable budget variances.
The changes made to this Section by this amendatory Act of 1996 apply to
budgets and amended
and supplemental
budgets for fiscal years beginning in 1995 and subsequent
years.
(Source: P.A. 89‑636, eff. 8‑9‑96.)
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(105 ILCS 5/34‑43a)
Sec. 34‑43a.
Post annual budget on web site.
The school district
shall post its current annual school budget, itemized by
receipts and
expenditures, on the
district's Internet web site. The school district shall notify the parents or
guardians of its students that the budget has been posted on the
district's web site and what the web site's address is.
(Source: P.A. 92‑438, eff. 1‑1‑02.)
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(105 ILCS 5/34‑43.1) (from Ch. 122, par. 34‑43.1)
Sec. 34‑43.1.
(A) Limitation of noninstructional costs.
It is the
purpose of this Section to establish for the Board of Education and the
general superintendent of schools requirements and standards which maximize
the proportion of school district resources in direct support of
educational, program, and building maintenance and safety services for the
pupils of the district, and which correspondingly minimize the amount and
proportion of such resources associated with centralized administration,
administrative support services, and other noninstructional services.
For the 1989‑90 school year and for all subsequent school years, the Board
of Education shall undertake budgetary and expenditure control actions which
limit the administrative expenditures of the Board of Education to levels,
as provided for in this Section, which represent an average of the
administrative expenses of all school districts in this State not subject
to Article 34.
(B) Certification of expenses by the State Superintendent of Education.
The State Superintendent of Education shall annually certify, on or before
May 1, to the Board of Education and the School Finance Authority, for the
applicable school year, the following information:
(1) the annual expenditures of all school districts | ||
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(2) the total annual expenditures of all school | ||
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(3) a ratio, to be called the statewide average of | ||
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For purposes of the annual certification of expenditures and ratios
required by this Section, the "applicable year" of certification shall
initially be the 1986‑87 school year and, in sequent years, each
succeeding school year.
The State Superintendent of Education shall consult with the Board of
Education to ascertain whether particular expenditure items allocable to
the administrative functions enumerated in paragraph (B)(1) are
appropriately or necessarily higher in the applicable school district than
in the rest of the State due to noncomparable factors. The State
Superintendent shall also review the relevant cost proportions in other
large urban school districts. The State Superintendent shall also review
the expenditure categories in paragraph (B)(1) to ascertain whether they
contain school‑level expenses. If he or she finds that adjustments to the
formula are appropriate or necessary to establish a more fair and
comparable standard for administrative cost for the Board of Education or
to exclude school‑level expenses, the State Superintendent shall recommend
to the School Finance Authority rules and regulations adjusting particular
subcategories in this subsection (B) or adjusting certain costs in
determining the budget and expenditure items properly attributable to the
functions or otherwise adjust the formula.
(C) Administrative expenditure limitations. The annual budget of the
Board of Education, as adopted and implemented, and the
related annual expenditures for the school year, shall reflect a limitation
on administrative outlays as required by the following provisions, taking
into account any adjustments established by the State Superintendent of
Education: (1) the budget and expenditures of the Board of Education for
the 1989‑90 school year shall reflect a ratio of administrative
expenditures to total expenditures equal to or less than the statewide
average of administrative expenditures for the 1986‑87 school year as
certified by the State Superintendent of Education pursuant to paragraph
(B)(3); (2) for the 1990‑91 school year and for all subsequent school
years, the budget and expenditures of the Board of Education shall reflect
a ratio of administrative expenditures to total expenditures equal to or
less than the statewide average of administrative expenditures certified by
the State Superintendent of Education for the applicable year pursuant to
paragraph (B)(3); (3) if for any school year the budget of the Board of
Education reflects a ratio of administrative expenditures to total
expenditures which exceeds the applicable statewide average, the Board of
Education shall reduce expenditure items allocable to the administrative
functions enumerated in paragraph (B)(1) such that the Board of Education's
ratio of administrative expenditures to total expenditures is equal to or
less than the applicable statewide average ratio.
For purposes of this Section, the ratio of administrative expenditures to
the total expenditures of the Board of Education, as applied to the budget
of the Board of Education, shall mean: the budgeted expenditure items of
the Board of Education properly attributable to the expenditure functions
identified in paragraph (B)(1) divided by the total budgeted expenditures of
the Board of Education properly attributable to the Board of Education
funds corresponding to those funds identified in paragraph (B)(2),
exclusive of any monies budgeted for payment to the Public School Teachers'
Pension and Retirement System, attributable to payments due from the
General Funds of the State of Illinois.
The annual expenditure of the Board of Education for 2320
(Executive Administrative Services) for the 1989‑90 school year shall be no
greater than the 2320 expenditure for the 1988‑89 school year. The annual
expenditure of the Board of Education for 2320 for the 1990‑91 school year
and each subsequent school year shall be no greater than the 2320
expenditure for the immediately preceding school year or the 1988‑89 school
year, whichever is less. This annual expenditure limitation may be
adjusted in each year in an amount not to exceed any change effective
during the applicable school year in salary to be paid under the collective
bargaining agreement with instructional personnel to which the Board is a
party and in benefit costs either required by law or such collective
bargaining agreement.
(D) Cost control measures. In undertaking actions to control or reduce
expenditure items necessitated by the administrative expenditure
limitations of this Section, the Board of Education shall give priority
consideration to reductions or cost controls with the least effect upon
direct services to students or instructional services for pupils, and upon
the safety and well‑being of pupils, and, as applicable, with the
particular costs or functions to which the Board of Education is higher
than the statewide average.
For purposes of assuring that the cost control priorities of this
subsection (D) are met, the State Superintendent of Education shall, with
the assistance of the Board of Education, review the cost allocation
practices of the Board of Education, and the State Superintendent of
Education shall thereafter recommend to the School Finance Authority rules
and regulations which define administrative areas which most impact upon
the direct and instructional needs of students and upon the safety and
well‑being of the pupils of the district. No position closed shall be
reopened using State or federal categorical funds.
(E) Report of Audited Information. For the 1988‑89 school year and for
all subsequent school years, the Board of Education shall file with the
State Board of Education the Annual Financial Report and its audit, as
required by the rules of the State Board of Education. Such reports shall
be filed no later than February 15 following the end of the school year of
the Board of Education, beginning with the report to be filed no later
than February 15, 1990 for the 1988‑89 school year.
As part of the required Annual Financial Report, the Board of Education
shall provide a detailed accounting of the central level, district, bureau
and department costs and personnel included within expenditure functions
included in paragraph (B)(1). The nature and detail of the reporting
required for these functions shall be prescribed by the State Board of
Education in rules and regulations. A copy of this detailed accounting
shall also be provided annually to the School Finance Authority and the
public. This report shall contain a reconciliation to the board of
education's adopted budget for that fiscal year, specifically delineating
administrative functions.
If the information required under this Section is not provided by the
Board of Education in a timely manner, or is initially or subsequently
determined by the State Superintendent of Education to be incomplete or
inaccurate, the State Superintendent shall, in writing, notify the Board
of Education of reporting deficiencies. The Board of Education shall,
within 60 days of such notice, address the reporting deficiencies
identified. If the State Superintendent of Education does not receive
satisfactory response to these reporting deficiencies within 60 days, the
next payment of general State aid due the Board of Education under Section
18‑8, and all subsequent payments, shall be withheld by the State
Superintendent of Education until the enumerated deficiencies have
been addressed.
Utilizing the Annual Financial Report, the State Superintendent of
Education shall certify on or before May 1 to the School Finance Authority
the Board of Education's ratio of administrative expenditures to total
expenditures for the 1988‑89 school year and for each succeeding school
year. Such certification shall indicate the extent to which the
administrative expenditure ratio of the Board of Education conformed to the
limitations required in subsection (C) of this Section, taking into account
any adjustments of the limitations which may have been recommended by the
State Superintendent of Education to the School Finance Authority. In
deriving the administrative expenditure ratio of the Chicago Board of
Education, the State Superintendent of Education shall utilize the
definition of this ratio prescribed in subsection (C) of this Section,
except that the actual expenditures of the Board of Education shall be
substituted for budgeted expenditure items.
(F) Approval and adjustments to administrative expenditure limitations.
The School Finance Authority organized under Article 34A shall monitor the
Board of Education's adherence to the requirements of this Section. As
part of its responsibility the School Finance Authority shall determine
whether the Board of Education's budget for the next school year, and the
expenditures for a prior school year, comply with the limitation of
administrative expenditures required by this Section. The Board of
Education and the State Board of Education shall provide such information
as is required by the School Finance Authority in order for the Authority
to determine compliance with the provisions of this Section. If the
Authority determines that the budget proposed by the Board of Education
does not meet the cost control requirements of this Section, the Board of
Education shall undertake budgetary reductions, consistent with the
requirements of this Section, to bring the proposed budget into compliance
with such cost control limitations.
If, in formulating cost control and cost reduction alternatives, the
Board of Education believes that meeting the cost control requirements of
this Section related to the budget for the ensuing year would impair the
education, safety, or well‑being of the pupils of the school district, the
Board of Education may request that the School Finance Authority make
adjustments to the limitations required by this Section. The Board of
Education shall specify the amount, nature, and reasons for the relief
required and shall also identify cost reductions which can be made in
expenditure functions not enumerated in paragraph (B)(1), which would serve
the purposes of this Section.
The School Finance Authority shall consult with the State Superintendent
of Education concerning the reasonableness from an educational
administration perspective of the adjustments sought by the Board of
Education. The School Finance Authority shall provide an opportunity for
the public to comment upon the reasonableness of the Board's request. If,
after such consultation, the School Finance Authority determines that all
or a portion of the adjustments sought by the Board of Education are
reasonably appropriate or necessary, the Authority may grant such relief
from the provisions of this Section which the Authority deems appropriate.
Adjustments so granted apply only to the specific school year for which
the request was made.
In the event that the School Finance Authority determines that the Board
of Education has failed to achieve the required administrative expenditure
limitations for a prior school year, or if the Authority determines that
the Board of Education has not met the requirements of subsection (F), the
Authority shall make recommendations to the Board of Education concerning
appropriate corrective actions. If the Board of Education fails to
provide adequate assurance to the Authority that appropriate corrective
actions have been or will be taken, the Authority may, within 60 days
thereafter, require the board to adjust its current budget to correct for
the prior year's shortage or may recommend to the members of the General
Assembly and the Governor such sanctions or remedial actions as will serve
to deter any further such failures on the part of the Board of Education.
To assist the Authority in its monitoring responsibilities, the Board of
Education shall provide such reports and information as are from time to
time required by the Authority.
(G) Independent reviews of administrative expenditures. The School
Finance Authority may direct independent reviews of the administrative and
administrative support expenditures and services and other
non‑instructional expenditure functions of the Board of Education. The
Board of Education shall afford full cooperation to the School Finance
Authority in such review activity. The purpose of such reviews shall be
to verify specific targets for improved operating efficiencies of the Board
of Education, to identify other areas of potential efficiencies, and to
assure full and proper compliance by the Board of Education with all
requirements of this Section.
In the conduct of reviews under this subsection, the Authority may
request the assistance and consultation of the State Superintendent of
Education with regard to questions of efficiency and effectiveness in
educational administration.
(H) Reports to Governor and General Assembly. On or before May 1, 1991
and no less frequently than yearly thereafter, the School Finance Authority
shall provide to the Governor, the State Board of Education, and the
members of the General Assembly an annual report, as outlined in Section
34A‑606, which includes the following information: (1) documenting the
compliance or non‑compliance of the Board of Education with the
requirements of this Section; (2) summarizing the costs, findings, and
recommendations of any reviews directed by the School Finance Authority,
and the response to such recommendations made by the Board of Education;
and (3) recommending sanctions or legislation necessary to fulfill the
intent of this Section.
(Source: P.A. 86‑124; 86‑1477.)
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(105 ILCS 5/34‑44) (from Ch. 122, par. 34‑44)
Sec. 34‑44.
Budget estimates.
The budget shall set forth estimates, by
classes, of all current assets and liabilities of each fund of the board
as of the beginning of the fiscal
year, and the amounts of such assets estimated to be available for
appropriation in such year, either for expenditures or charges to be made
or incurred during such year or for liabilities unpaid at the beginning
thereof. Estimates of taxes to be received from prior levies shall be net,
after deducting amounts estimated to be sufficient to cover the loss and
cost of collecting such taxes and also deferred collections thereof and
abatements in the amount of such taxes extended or to be extended upon the
collectors' books.
Estimates of the liabilities of the respective funds shall include:
1. All final judgments, including accrued interest thereon, entered
against the board and unpaid at the beginning of such fiscal year;
2. The principal of all general obligation notes or anticipation tax
warrants and all temporary loans and all accrued interest thereon unpaid at
the beginning of such fiscal year;
3. Any amount for which the board is required to reimburse the working
cash fund from the educational purposes fund pursuant to the provisions of
Section 34‑30 through 34‑36 and
4. The amount of all accounts payable including estimates of audited
vouchers, participation certificates, inter fund loans and purchase orders
payable.
The budget shall also set forth detailed estimates of all accrued tax
revenues recognized for such year and of all current revenues to be
derived from sources
other than taxes, including State contributions, rents, fees, perquisites
and all other types of revenue, which will be applicable to expenditures
or charges to be made or incurred during such year.
All such estimates shall be so segregated and classified as to funds,
and in such other manner as to give effect to the requirements of law
relating to the respective purposes to which the assets and taxes and other
current revenues are applicable, so that no expenditure shall be authorized
or made for any purpose in excess of the money lawfully available therefor.
The several estimates of assets, liabilities and expenditure
requirements required or authorized to be made by this and the next
succeeding section shall be made on the basis of information known to the
board at the close of the preceding fiscal year and shall not be
invalidated or otherwise subject to attack merely because after that time
additional information is known to or could be discovered by the board that
would require a different estimate, or because the board might have amended
such estimates under any of the provisions of Section 34‑47.
(Source: P.A. 84‑1238.)
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(105 ILCS 5/34‑44.1) (from Ch. 122, par. 34‑44.1)
Sec. 34‑44.1.
Supplemental budget estimate.
When the value of the
taxable property in the school district is increased either by the
establishment of a new multiplier by the Department of Revenue or the
availability of a later assessment by virtue of additions
to the tax rolls or increases in assessments made by the county assessor
after the annual school budget has been adopted, the board of education
may adopt, by a 2/3 vote of the full membership of the board, a
supplemental budget to provide for the use of the added potential
revenues in an amount that shall not exceed a sum equivalent to the
product of the amount of the increase in the value of taxable property
in the district multiplied by the maximum per cent or rate of tax which
the board and the corporate authorities of the city are authorized by
law to levy for the current fiscal year for educational, building, free
textbook, agricultural science school, supervised playground outside school
hours purposes (or supervised playground outside school hours and stadia,
social center and summer swimming pool open to the public purposes, as the case
may be) or special education purposes. With respect to any supplemental budget
based upon an increase in the value of the taxable property in the school
district, such supplemental budget shall be adopted within 60 days of the date
of the final certification of the equalization rate by the Department of
Revenue to the county clerk as provided in the Property Tax Code, regardless of
whether the adoption occurs within or
after the close of the fiscal year to which the increase applies, but shall not
become effective unless approved in accordance with Article 34A of "The School
Code".
(Source: P.A. 88‑670, eff. 12‑2‑94.)
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(105 ILCS 5/34‑45) (from Ch. 122, par. 34‑45)
Sec. 34‑45.
Budget appropriations.
The budget shall specify:
1. the several organization units, purposes, and objects for which
appropriations are made;
2. the amount appropriated for each organization unit, purpose or
object; and
3. the fund from or to which each amount appropriated is to be paid or
charged.
The budget shall include appropriations for:
1. all estimated current expenditures or charges to be made or incurred
during such fiscal year, including interest to accrue on anticipation tax
warrants and temporary loans;
2. all final judgments, including accrued interest thereon, entered
against the board and unpaid at the beginning of such fiscal year;
3. any amount for which the board is required to reimburse the working
cash fund from the educational purposes fund pursuant to Sections 34‑‑30
through 34‑‑36; and
4. all other estimated liabilities, including the principal of all tax
anticipation warrants and all temporary loans and all accrued interest
thereon, incurred during prior years and unpaid at the beginning of such
fiscal year.
(Source: P.A. 84‑1238.)
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(105 ILCS 5/34‑45.1) (from Ch. 122, par. 34‑45.1)
Sec. 34‑45.1.
The amount appropriated in any annual, additional or supplemental
school budget adopted pursuant to this Article and specified in such budget
to be for workers' compensation, workers' occupational diseases compensation
and unemployment compensation purposes shall
include a sum estimated to be sufficient to cover the anticipated costs
of operating and administering the workers' compensation, workers' occupational
diseases compensation and unemployment compensation program for the purpose
of which such amount was appropriated, including employee wages, salaries
and the cost of legal services furnished in connection with the operation
and administration of such program. Liabilities incurred for such operating
and administrative costs, including employee wages and salaries and the
cost of legal services, shall upon being vouchered, audited and approved
by the board as provided in Section 34‑51 be charged to and paid from the
fund of moneys appropriated for such purpose.
(Source: P.A. 83‑718.)
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(105 ILCS 5/34‑46) (from Ch. 122, par. 34‑46)
Sec. 34‑46.
Public participation.
The budget shall be prepared in tentative form by the board and in such
form shall be made available to public inspection for at least 15 days
prior to final action thereon, by having at least 5 copies thereof on file
in the office of the secretary of the board. Not less than 5 days after
such copies are so placed on file and prior to final action thereon, the
board shall hold at least 2 public hearings thereon, of which notice shall
be given at least once by publication in a newspaper having general
circulation in the
city at least 5 days prior to the time of the hearing. The board shall
arrange for and hold such public hearing or hearings, provided
that the final public hearing shall occur not less than 5 days prior to
the Board's final action on the budget. The board shall
cause its budget to be published in its proceedings within 30 days after
its adoption.
(Source: P.A. 82‑764.)
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(105 ILCS 5/34‑47) (from Ch. 122, par. 34‑47)
Sec. 34‑47.
Revision of items ‑ Amendment ‑ Publication.
Subsequent to the public hearing provided for in Section 34‑46 and
before final action on the budget, the board may revise, alter, increase,
or decrease the items contained therein, but the aggregate amount finally
appropriated by the budget, including any subsequent amendment thereof,
from any fund or for any purpose, including amounts appropriated for
judgments and all other unpaid liabilities and all other purposes for which
such authorities are herein or otherwise by law required to appropriate,
shall not exceed the aggregate amount available in such fund or for such
purpose, as shown by the estimates of the available assets thereof at the
beginning of such fiscal year and of taxes and other current revenues set
forth in the budget. If the appropriations from any fund as set forth in
the budget as finally adopted exceed in the aggregate the maximum amount
which the board is authorized to appropriate therefrom, all appropriations
made from such fund by the budget shall be void and the several amounts
appropriated in the budget of the last preceding fiscal year, so far as
they relate to operation and maintenance expenses, shall be deemed to be
appropriated for the current fiscal year for objects and purposes,
respectively, as specified in said last budget and the several amounts so
appropriated shall constitute lawful appropriations for the current fiscal
year, but not in excess of amounts which will enable the Board to comply
with the requirements of Section 34A‑402.
The board of education may amend the budget from time to time by the
same procedure as is herein provided for the original adoption of the budget.
(Source: P.A. 82‑1020.)
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(105 ILCS 5/34‑48) (from Ch. 122, par. 34‑48)
Sec. 34‑48.
Supplemental budgets ‑ Emergencies.
After the effectiveness of the budget (other than an interim budget), the
board shall not make any other
appropriations prior to the adoption or passage of the next succeeding
budget. The board may not, either directly or indirectly, make any contract
or do any act which shall add to its expenditures or liabilities, in any
fiscal year, any thing or sum above the amount provided for in the budget
for that fiscal year except that the board may, at any time after the adoption
of the annual school budget, by a 2/3 vote of the full membership of the
board, pass an additional or supplemental budget, thereby adding appropriations
to those made in the annual school budget and such supplemental or additional
school budget shall be regarded as an amendment of the annual school budget
for that year; provided that any such additional or supplemental
appropriations so made shall not exceed the amount of additional moneys
which the board of education will have available for appropriation in that
year from any source, including any fund balances not previously appropriated,
over and above the amount of moneys which the board, at the time of the
adoption of its annual budget for that year, estimated would be available
for appropriation from such sources, or provided that the board, by a concurring
vote of 2/3 of all the
members thereof (said votes to be taken by yeas and nays and entered in the
proceedings of the board) may make any expenditures and incur any liability
rendered necessary to meet emergencies such as epidemics, fires, unforeseen
damages or other catastrophes happening after the annual school budget has
been passed or adopted. This
section does not prevent the board from providing for and causing to be
paid from its funds any charge imposed by law without the action of the
board.
(Source: P.A. 82‑765.)
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(105 ILCS 5/34‑49) (from Ch. 122, par. 34‑49)
Sec. 34‑49.
Contracts, expense and liabilities without appropriation.
No contract shall be made or expense or liability incurred by the board,
or any member or committee thereof, or by any person for or in its
behalf, notwithstanding the expenditure may have been ordered by the
board, unless an appropriation therefor has been previously made.
Neither the board, nor any member or committee, officer, head of any
department or bureau, or employee thereof shall during a fiscal year
expend or contract to be expended any money, or incur any liability, or
enter into any contract which by its terms involves the expenditure of
money for any of the purposes for which provision is made in the budget,
in excess of the amounts appropriated in the budget. Any contract,
verbal or written, made in violation of this Section is void as to the
board, and no moneys belonging thereto shall be paid thereon. Provided,
however, that the board may lease from any Public Building Commission
created pursuant to the provisions of the Public Building Commission
Act, approved July 5, 1955, as heretofore or hereafter amended, or from
any individuals, partnerships or corporations, any real
or personal property for the purpose of securing space for its school
purposes or office or other space
for its administrative functions for any period of time not exceeding 40
years, and such lease may be made and the obligation or expense
thereunder incurred without making a previous appropriation therefor,
except as otherwise provided in Section 34‑21.1 of this Act. Provided
that the board may enter into agreements, including lease and lease
purchase agreements having a term not longer than 40 years from the date on
which such agreements are entered into, with individuals, partnerships, or
corporations for the construction of school buildings, school
administrative offices, site development, and school support facilities.
The board shall maintain exclusive possession of all such schools, school
administrative offices, and school facilities which it is occupying or
acquiring pursuant to any such lease or lease purchase agreement, and in
addition shall have and exercise complete control over the education
program conducted at such schools, offices and facilities. The board's
contribution under any such lease or lease purchase agreement shall be
limited to the use of the real estate and existing improvements on a rental
basis which shall be exempt from any form of leasehold tax or assessment,
but the interests of the board may be subordinated to the interests of a
mortgage holder or holders acquired as security for additional improvements
made on the property.
Provided that the board may enter into agreements, including lease and lease purchase
agreements, having a term not longer than 40 years from the date on which
such agreements are entered into for the provision of school buildings
and related property and facilities for an agricultural science school
pursuant to subparagraphs (8) through (10) of
Section 34‑21.1; and such
agreements may be made and the obligations thereunder incurred without
making a previous appropriation therefor.
This Section does not prevent the making of lawful contracts for the
construction of buildings, the purchase of insurance, the leasing of
equipment, the purchase of personal property by a conditional sales
agreement, or the leasing of personal property under an agreement that
upon compliance with the terms of which the board shall become or has
the option to become the owner of the property for no additional
consideration or for a nominal consideration, the term of which may be
for periods of more than 1 year, but, in no case, shall such conditional
sales agreements or leases of personal property by which the board may
or will become the owner of the personal property, provide for the
consideration to be paid during a period of time in excess of 10 years
nor shall such contracts provide for the payment of interest in excess
of
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, on the unpaid balance owing; nor shall
this Section
prevent the making of lawful contracts for the purchase of fuel and the
removal of ashes for a period from July 1 of any year to June 30 of the
year following, or the making of lawful contracts for the transportation
of pupils to and from school, or the entering into of employment
contracts with individuals or groups of employees for any period not to
exceed 4 years, or the entering into contracts with third parties
for services otherwise performed by employees for any period not to exceed 5
years provided that the contracts with third parties for services provided at
attendance centers shall specify that the principal of an attendance center
shall have authority, to the maximum extent possible, to direct persons
assigned to the attendance center
pursuant to that contract, or the making of requirement contracts for not
to exceed one year the terms of which may extend into the succeeding fiscal
year provided,
however, that such contracts contain a limitation on the amount to be expended
and that such contracts shall impose no obligation on the board except pursuant
to written purchase order.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑50) (from Ch. 122, par. 34‑50)
Sec. 34‑50.
Transfers between appropriations ‑ Delay.
The board may,
at any time by a two‑thirds vote of all the members authorize the making
of transfers within any fund under its jurisdiction, of sums of money
appropriated for one object or purpose to another object or purpose,
which action shall be entered in its proceedings; provided that during
the first half of each fiscal year such transfers shall not exceed 10%
of any such fund, but no appropriation for any purpose shall be reduced
below an amount sufficient to cover all obligations incurred or to be
incurred against the appropriation for such purpose.
(Source: P.A. 81‑1221.)
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(105 ILCS 5/34‑51) (from Ch. 122, par. 34‑51)
Sec. 34‑51.
Appropriation not to be construed as approval of board of liabilities.
The appropriation resolution or budget, including the amounts for the
payment of contract liabilities or to defray the expense of any project or
purpose, shall not be construed as an approval by the board of any such
liabilities or of any project or purpose mentioned, but shall be regarded
only as the provisions for a fund or funds for the payment thereof when
such liabilities have been found to be valid and legal obligations against
the board, and when properly vouchered, audited and approved by the board,
or when any project or purpose is approved and authorized by the board, as
the case may be.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑52) (from Ch. 122, par. 34‑52)
Sec. 34‑52.
Wilful violation of budget provisions.
Any member of the board, or any officer thereof or of the city or any
other person holding any trust or employment under the board or city who
wilfully violates any of the provisions of Sections 34‑‑43 through
34‑‑51 shall be guilty of a business offense and may be fined not
exceeding $10,000, and shall forfeit his right to his office, trust or
employment and shall be removed therefrom. Any such member, officer or
person shall be liable for the amount of any loss or damage suffered by
the board resulting from any act of his in violation of the terms of any
of those sections, to be recovered by the board or by any taxpayer in
the name and for the benefit of the board, in an appropriate civil action.
Any taxpayer bringing any such action must file a bond for all
costs, and shall be liable for all costs taxed against the board in such
suit, and judgment shall be rendered accordingly. This Section does not
bar any other remedies.
(Source: P.A. 79‑1366.)
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(105 ILCS 5/34‑52.1) (from Ch. 122, par. 34‑52.1)
Sec. 34‑52.1.
Form of ballot and notice.
Whenever any proposition to authorize or
to levy an annual tax, or to increase the annual rate of tax levied by any
school district, for any school purpose is submitted to the voters of such
district at any election, each required notice or other publication of the
election or referendum and the form of ballot shall contain, in addition to
any other matters required by law:
(a) the geographic or other common name of the school district by
which that district is commonly known and referred to, as well as the
number of the district;
(b) the maximum rate at which such tax may be levied if the
proposition is approved; and
(c) if the proposition is to increase the annual rate of an existing
tax levied by the school district, then in addition to the matters set
forth in (a) and (b) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum
rate at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 85‑374.)
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(105 ILCS 5/34‑53) (from Ch. 122, par. 34‑53)
Sec. 34‑53.
Tax levies; Purpose; Rates.
For the purpose of
establishing and supporting free schools for not fewer than 9 months in
each year and defraying their expenses the board may levy annually, upon all taxable
property of such district for educational purposes a tax for
the fiscal years 1996 and each succeeding fiscal year at a rate of not to exceed the sum of (i) 3.07% (or such other rate as may be set
by law
independent of the rate difference described in (ii) below) and (ii) the
difference between .50% and the rate per cent of taxes extended for a
School Finance Authority organized under Article 34A of the School Code,
for the calendar year in which the applicable fiscal year of the board
begins as determined by the county clerk and certified to the board
pursuant to Section 18‑110 of the Property Tax Code, of the value as
equalized or assessed by the Department of Revenue for the year in which
such levy is made.
Nothing in this amendatory Act of 1995
shall in
any way impair or restrict the levy or extension of taxes pursuant to any
tax levies for any purposes of the board lawfully made prior to the
adoption of this amendatory Act of 1995.
Notwithstanding any other provision of this Code and in
addition to any other methods provided for increasing the tax rate
the board may, by proper resolution, cause a
proposition to increase the annual tax rate for educational purposes to
be submitted to the voters of such district at any general or special
election. The maximum rate for educational purposes shall not exceed
4.00%. The election called for such purpose shall be governed by
Article 9 of this Act. If at such election a majority of the votes cast
on the proposition is in favor thereof, the Board of Education may
thereafter until such authority is revoked in a like manner, levy
annually the tax so authorized.
For purposes of this Article, educational purposes for fiscal years
beginning in 1995 and each subsequent year shall also include, but not be
limited to, in addition to those purposes authorized before this amendatory Act
of 1995, constructing, acquiring, leasing (other than from the Public Building
Commission of Chicago), operating, maintaining, improving, repairing, and
renovating land, buildings, furnishings, and equipment for school houses and
buildings, and related incidental expenses, and
provision of special education, furnishing free textbooks and
instructional aids and school supplies, establishing, equipping, maintaining,
and operating supervised playgrounds under the control of the board, school
extracurricular activities, and stadia, social center, and summer swimming pool
programs open to the public in connection with any public school; making an
employer contribution to the Public School Teachers' Pension and Retirement
Fund as required by Section 17‑129 of the Illinois Pension Code; and providing
an agricultural science school, including site development and improvements,
maintenance repairs, and supplies. Educational purposes also includes student
transportation expenses.
All collections of all taxes levied for fiscal years ending before 1996 under
this
Section or under Sections 34‑53.2, 34‑53.3, 34‑58, 34‑60, or 34‑62 of this
Article as in effect prior to this amendatory Act of 1995 may be used for any
educational purposes as defined by this amendatory Act of 1995 and need not be
used for the particular purposes for which they were levied.
The levy and extension of taxes pursuant to this Section as amended by this
amendatory Act of 1995 shall not constitute a new or increased tax rate within
the meaning of the Property Tax Extension Limitation Law or the One‑year
Property Tax Extension Limitation Law.
The rate at which taxes may be levied for the fiscal year beginning
September
1, 1996, for educational purposes shall be the full rate authorized by this
Section for such taxes for fiscal years ending after 1995.
(Source: P.A. 88‑511; 88‑670, eff. 12‑2‑94; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑53.1) (from Ch. 122, par. 34‑53.1)
Sec. 34‑53.1.
Supplemental tax levy.
When a supplemental budget
has been adopted by the board of education under Section 34‑44.1 the
board of education may levy supplemental taxes which shall not exceed the
amount of the increase in revenues projected in the supplemental budget
nor exceed the maximum rates of taxes which the board is authorized
by law to levy for the fiscal year to which the increase applies for the
respective purposes. With respect to any supplemental levy based on an
increase in the value of taxable property in the school district, such
supplemental levy shall be adopted within 60 days of the date of the final
certification of the equalization rate by the Department of Revenue to the
county clerk as provided in the Property Tax Code, irrespective of whether the adoption occurs within or after the
close of the fiscal year to which the increase applies. The board is
authorized to levy supplemental taxes pursuant to this Section.
(Source: P.A. 88‑670, eff. 12‑2‑94.)
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(105 ILCS 5/34‑53.2) (from Ch. 122, par. 34‑53.2)
Sec. 34‑53.2.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑53.3) (from Ch. 122, par. 34‑53.3)
Sec. 34‑53.3.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑53.5)
Sec. 34‑53.5.
Capital improvement tax levy; purpose; maximum amount.
(a) For the purpose of providing a reliable source of revenue for capital
improvement purposes, including without limitation (i) the construction and
equipping of a new school building or buildings or an addition or additions to
an existing school building or buildings, (ii) the purchase of school grounds
on which any new school building or an addition to an existing school building
is to be constructed or located, (iii) both items (i) and (ii) of this
subsection (a), or (iv) the rehabilitation, renovation, and equipping of an
existing school building or buildings, the board may levy, upon all taxable
property of the school district, in calendar year 2003, a capital improvement
tax to produce, when extended, an amount not to exceed the product attained by
multiplying (1) the percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the United States Department
of Labor for the 12 months ending 2 months prior to the month in which the levy
is adopted by (2) $142,500,000. For example, if the percentage increase in the
Consumer Price Index is 2.5%, then the computation would be $142,500,000 x
0.025 = $3,562,500.
(b) In each calendar year from 2004 through 2030, the board may levy a
capital improvement tax to produce, when extended, an amount not to exceed the
sum of (1) the maximum amount that could have been levied by the board in the
preceding calendar year pursuant to this Section and (2) the product obtained
by multiplying (A) the sum of (i) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section and
(ii) $142,500,000 by (B) the percentage increase, if any, in the Consumer Price
Index for All Urban Consumers for all items published by the United States
Department of Labor for the 12 months ending 2 months prior to the month in
which the levy is adopted.
(c) In calendar year 2031, the board may levy a capital improvement tax to
produce, when extended, an amount not to exceed the sum of (1) the maximum
amount that could have been levied by the board in calendar year 2030 pursuant
to this Section, (2) $142,500,000, and (3) the product obtained by multiplying
(A) the sum of (i) the maximum amount that could have been levied by the board
in calendar year 2030 pursuant to this Section and (ii) $142,500,000 by (B) the
percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(d) In calendar year 2032 and each calendar year thereafter, the board may
levy a capital improvement tax to produce, when extended, an amount not to
exceed the sum of (1) the maximum amount that could have been levied by the
board in the preceding calendar year pursuant to this Section and (2) the
product obtained by multiplying (A) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section by
(B) the percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(e) An initial tax levy made by the board under this Section
must have the
approval of
the Chicago City Council, by resolution, before the levy may be extended.
The board shall communicate its adoption of the initial tax levy by
delivering a certified copy of the levy resolution to the Clerk of the City of
Chicago. The Chicago City Council shall have 60 days after receipt, by
the Clerk of the City of Chicago, of the certified resolution to approve or
disapprove the levy. The failure of the Chicago City Council to take
action to approve or disapprove the initial tax levy within the 60‑day
period shall be deemed disapproval of the initial tax levy.
Upon the adoption of each subsequent levy by the board under this Section, the
board must notify the Chicago City Council that the board has adopted the
levy.
(f) The board may issue bonds, in accordance with the Local Government Debt
Reform Act, including Section 15 of that Act, against any revenues to be
collected from the capital improvement tax in any year or years and may pledge,
pursuant to Section 13 of the Local Government Debt Reform Act, those revenues
as security for the payment of any such bonds.
(Source: P.A. 92‑547, eff. 6‑13‑02.)
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(105 ILCS 5/34‑53A)
Sec. 34‑53A.
(Repealed).
(Source: P.A. 89‑15, eff. 5‑30‑95. Repealed by P.A. 89‑698, eff. 1‑14‑97.)
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(105 ILCS 5/34‑54) (from Ch. 122, par. 34‑54)
Sec. 34‑54.
Supplemental budget for education and building purposes.
After the adoption of the annual school budget for the fiscal year 1971,
the board shall have the power to adopt or pass during such fiscal year an
additional or supplemental budget under the sole authority of this Section
by a vote of a majority of the full membership of the board, any other
provision of this Article to the contrary notwithstanding, in and by which
such additional or supplemental budget the board shall appropriate such
additional sums of money as it may find necessary to defray expenses and
liabilities of the district to be incurred for educational and building
purposes of the district during such fiscal year, but not in excess of the
additional funds estimated to be available by virtue of the increase in the
maximum annual tax rates for educational and building purposes set forth in
Section 34‑53, and such additional or supplemental budget shall be regarded
as an amendment of the annual school budget for the fiscal year 1971. After
the adoption of such additional or supplemental budget the board shall
levy the necessary additional tax for educational and building purposes
to equal the amount of such additional sums of money appropriated in the
1971 additional or supplemental budget for educational and building
purposes, and such ordinance shall be in force upon its passage.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑54.1) (from Ch. 122, par. 34‑54.1)
Sec. 34‑54.1.
Tax levies and extensions.
The annual tax rates and the
several tax
levies authorized to be made shall be: (i) for each fiscal year through and
including the 1995‑96 fiscal year, for a fiscal year commencing
September
1 and ending August 31; (ii) for the 1996‑97 fiscal year, for a fiscal year
commencing September 1 and ending June 30; and (iii) for each subsequent fiscal
year, for a fiscal year commencing July 1 and ending June 30.
Notwithstanding any provision in this Article 34 to the contrary, by the last
Tuesday in December of each calendar year, the board of education may levy
upon
all the taxable property of the district or city, the annual taxes
required to provide the necessary revenue to defray expenditures,
charges and liabilities incurred by the board for the fiscal year beginning
in that calendar year. The levy may be
based upon the estimated
equalized assessed valuation provided the county clerk shall extend for
collection only so much thereof as is permitted by law. The total amount of the
levy shall be certified to the county clerk who shall extend for
collection only so much thereof as is required to provide the necessary
revenue to defray expenditures, charges and liabilities incurred by the
board as certified by the controller of the board to the county clerk
upon the value, as equalized or assessed by the Department of Revenue
for the calendar year in which the levy was made.
The county clerk shall thereafter in the succeeding calendar year extend
such remaining amount of the levy as is certified by the controller of
the board to the county clerk upon the value, as equalized or assessed
by the Department of Revenue for such calendar year.
In each year the county clerk shall extend taxes at a rate sufficient to
produce the full amount of the 2 partial levies attributable to that tax
year. Provided, however, and notwithstanding the provisions of any other
law to the contrary:
(a) the extension of taxes levied for fiscal years ending before 1996 for
building purposes and school
supervised playground outside school hours and stadia, social center and
summer swimming pool purposes which the county clerk shall make against the
value of all taxable property of the district or city, as equalized or
assessed by the Department of Revenue, shall be at the respective maximum
rates at
which the board was authorized to levy taxes for such purposes for the fiscal year which ends in
1995; and (b) notwithstanding any other provision of
this
Code, in each calendar year the taxes for
educational purposes shall be extended at
a rate
certified by the controller as referred to in this Section, which rate
shall not be in excess of the maximum rate for the
levy of
taxes for educational purposes, occurring in the fiscal year which begins in
the calendar year of the extension, (whether or not actually levied at that
rate)
except for calendar year 1995 in which the rate shall not be in excess of the
maximum rate which would be provided for the levy of taxes for educational
purposes for the fiscal year which begins in 1995 without regard to this
amendatory Act of 1995. In
calendar year 1995,
the county clerk shall extend any special education purposes tax which was
levied as provided in Section 34‑53.2 in full in the calendar year
following
the year in which the levy of such a tax was made.
(Source: P.A. 88‑511; 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑54.2) (from Ch. 122, par. 34‑54.2)
Sec. 34‑54.2.
Taxes levied in 1989 and 1990.
(a) All real property taxes levied by the board in 1989 and 1990 are
confirmed and validated, and are declared to be and are valid, in all
respects as if they had been timely and properly levied by the city council
upon the demand and direction of the Board. It shall not be a valid ground
for any person in any way to object to, protest, bring any proceeding with
regard to or defend against the collection of any such taxes, that the
taxes were levied by the board.
(b) The board may levy taxes against all taxable property located within
the city in an amount equal to all taxes purported to be levied by the
board in 1989 and in 1990, for each purpose for which taxes were purported
so to be levied, to the extent those taxes shall not yet have been extended
for collection at the time of the levy authorized by this paragraph (b).
The taxes authorized to be levied by this paragraph (b) shall be levied by
a resolution of the board selected pursuant to this amendatory Act of 1991.
The resolution shall be adopted upon concurrence of a majority of the
members of the board. The taxes levied pursuant to this paragraph (b) shall
be extended for collection in 1991 and subsequent years and in amounts so
that they do not exceed the maximum rates at which taxes may be extended
for the various school purposes, all as shall be set forth in a certificate
of the controller of the board as provided in Sec. 34‑54.1 of the School
Code, as amended. Taxes levied pursuant to this paragraph (b) shall be in
addition to all other taxes which have been or may be levied by or for the
board, except that the extension of taxes levied pursuant to this paragraph
(b), to the extent valid and legal in all respects, shall be an abatement
of the same amount of taxes previously purported to be levied by the board
which were to have been extended in the same year for the same purpose, it
being the intention of the General Assembly that there not be extended
duplicate taxes for the same year and purpose. It shall not be necessary
that the board give any notice or conduct any hearings for any purpose
whatsoever or to have adopted any proceedings with respect to any budget,
in connection with the levy and extension of taxes pursuant to this
paragraph (b). The board shall cause a certified copy of its resolution
levying taxes pursuant to this paragraph (b) to be filed with the county
clerk of each county in which any taxable property in the city is located
within 30 days after the adoption of the resolution.
(Source: P.A. 86‑1477.)
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(105 ILCS 5/34‑55) (from Ch. 122, par. 34‑55)
Sec. 34‑55.
Expenditures in excess of receipts.
The board shall not add
to the expenditures for school purposes anything above the amount received
from the State common school fund, the rental of school lands or property,
funds otherwise received, and the amount of school taxes levied and to be
levied for educational and for building purposes. If the board does so add
to such expenditures the city shall not be liable therefor. The board is
authorized to levy all taxes as provided for in this Article.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑56) (from Ch. 122, par. 34‑56)
Sec. 34‑56.
Amount to cover loss and cost of collecting tax not added.
In ascertaining the rate per cent that will produce the amount of any
tax levied pursuant to the authority granted by Sections 34‑‑53 and 34‑‑54
the county clerk shall not add any amount to cover the loss and cost of
collecting the tax.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑57) (from Ch. 122, par. 34‑57)
Sec. 34‑57.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑58) (from Ch. 122, par. 34‑58)
Sec. 34‑58.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑59) (from Ch. 122, par. 34‑59)
Sec. 34‑59.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑60) (from Ch. 122, par. 34‑60)
Sec. 34‑60.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑61) (from Ch. 122, par. 34‑61)
Sec. 34‑61.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑62) (from Ch. 122, par. 34‑62)
Sec. 34‑62.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑63) (from Ch. 122, par. 34‑63)
Sec. 34‑63.
(Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑64) (from Ch. 122, par. 34‑64)
Sec. 34‑64.
Numbering warrants‑Contents‑Interest.
Warrants issued under Sections 34‑‑24, 34‑‑59, and 34‑‑63 shall be
numbered consecutively in the order of their issuance and shall show upon
their face that they are payable solely from the respective taxes when
collected and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued and such taxes against which the warrants are drawn shall be set
apart for their payment. The warrants shall bear interest, payable out of
the taxes against which they are drawn, at a rate of not to exceed 7% per
annum if issued before July 1, 1971 and if issued thereafter at the rate of
not to exceed 6% per annum, from the date of their issuance until paid or
until notice is given by publication in a newspaper or otherwise that the
money for their payment is available and that they will be paid on
presentation.
(Source: P. A. 76‑1966.)
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(105 ILCS 5/34‑65) (from Ch. 122, par. 34‑65)
Sec. 34‑65.
Refunding bonds authorized ‑ Interest.
Whenever any school district described in this Article has outstanding
bonds which are binding and subsisting legal obligations, and the proceeds
of taxes levied for the payment of the principal of and interest on such
bonds have not been collected and are not available for such payments when
due, the board may issue refunding bonds for an amount sufficient to pay and
discharge any of the outstanding bonds with accrued interest. The refunding
bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued
before January 1, 1972 and not more than
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972 and shall mature within 20 years from the date thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86‑4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86‑4; 86‑930; 86‑1028.)
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(105 ILCS 5/34‑66) (from Ch. 122, par. 34‑66)
Sec. 34‑66.
Resolution for refunding bonds ‑ Name in which issued ‑
Signatures.
Whenever the board desires to issue refunding bonds under Section 34‑65,
it shall adopt a resolution designating the purpose and fixing the
amount of the bonds proposed to be issued, the maturity thereof, the rate
of interest thereon, and the amount of taxes to be levied annually for the
purpose of paying the interest on and the principal of the bonds.
Refunding bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and the secretary of the
board.
(Source: P.A. 86‑930 .)
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(105 ILCS 5/34‑67) (from Ch. 122, par. 34‑67)
Sec. 34‑67.
Sale
or exchange of bonds ‑ Use of proceeds.
Refunding bonds issued under Section 34‑65 may be exchanged on the
basis of par for par for the bonds being refunded and described in the
authorizing resolution, or may be sold at not less than par under the direction
of the board, and the proceeds thereof
shall be received by the city treasurer, as school treasurer, and shall be
kept in a separate fund to be used solely for the purpose of paying the
principal and interest on the bonds so refunded. All bonds refunded shall
be cancelled.
(Source: P.A. 86‑930.)
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(105 ILCS 5/34‑68) (from Ch. 122, par. 34‑68)
Sec. 34‑68.
Issuance without submission to voters.
The
board may provide that the resolutions authorizing issuance
of refunding bonds issued under Section 34‑65 shall be effective
without the submission thereof to the voters of the school
district or city for approval.
The validity of each refunding bond so executed shall remain
unimpaired, although one or more of the signing officers have
ceased to be such officer or officers before the delivery of
the bond to the purchaser.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑69) (from Ch. 122, par. 34‑69)
Sec. 34‑69.
Tax for payment of refunding bonds.
Before or at the time of issuing refunding bonds authorized by Section
34‑65 the board shall provide for the collection of a direct annual tax
upon all the taxable property of the school district, sufficient to pay and
discharge the principal thereof at maturity and to pay the interest thereon
as it falls due. Upon the filing in the office of the county clerk of the
county wherein such school district is located of a duly certified copy of
any such ordinance it shall be the duty of such county clerk to extend the
tax therein provided for.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑70) (from Ch. 122, par. 34‑70)
Sec. 34‑70.
Tax
for payment of refunded bonds‑Reduction of levy.
If the proceeds of the refunding bonds authorized by Section 34‑‑65 have
been used for the payment of any outstanding bonds of the board, or the
refunding bonds have been exchanged for outstanding bonds, and thereafter
any portion of the respective taxes levied for the purpose of paying the
principal of and interest on the outstanding bonds so paid or exchanged is
collected, the money so received shall be placed in the bond and interest
sinking fund of the board and used for the purpose of paying the principal
of and interest on the refunding bonds issued under Section 34‑‑65 and the
taxes thereafter to be extended to pay the refunding bonds shall be reduced
by that amount by the county clerk upon receipt of a certified copy of a
resolution which must be adopted by the board directing such reduction. A
certified copy of the resolution shall be filed with the county clerk of
the county, and it shall thereupon be the duty of such official to reduce
and extend the tax levy in accordance with the terms of the resolution.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑71) (from Ch. 122, par. 34‑71)
Sec. 34‑71.
Authority cumulative.
The authority granted in Sections 34‑‑65 through 34‑‑70, is cumulative
authority for the issuance of bonds and shall not be held to repeal any
laws with respect thereto.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑72) (from Ch. 122, par. 34‑72)
Sec. 34‑72.
Payment of refunding bonds ‑ Tax held uncollectible.
When prior to July 12, 1937, any school district described in this
Article received from the sale of its refunding bonds their par value in
money which was used to pay its maturing bonds, proceeds of the sale of
such maturing bonds at the par value thereof theretofore having been used
to repay a like amount of money received and expended by the school
district for proper school purposes and any court has held or may
thereafter hold unenforceable the collection of taxes levied for the
payment of such refunding bonds, the school district may pay to the holders
of such refunding bonds the amount of money received from the sale thereof
and actually used for such purpose for which the refunding bonds were
authorized, such payments to be made at such times, in such amounts and
with such rate of interest as the board shall by resolution determine,
provided such payments shall not be made before the refunding bonds are due
or in excess of the par value thereof or at a greater rate of interest than
named in them. Such payments shall be made only to the holders of the
refunding bonds and upon production and cancellation thereof and of
pertinent interest coupons.
The board, annually shall provide for the collection of a direct annual
tax upon all taxable property within the school district, sufficient to
make such payments, which shall be levied and collected in like manner with
the other taxes of the school district.
Upon filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of such ordinance it
shall be the duty of such county clerk to extend the tax therein provided for.
(Source: P.A. 85‑1418; 86‑1477.)
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(105 ILCS 5/34‑73) (from Ch. 122, par. 34‑73)
Sec. 34‑73.
Certain taxes additional to maximum otherwise authorized ‑
not reducible. Each of the taxes authorized to be levied by Sections 34‑33,
34‑39, 34‑53.2, 34‑53.3, 34‑54.1, 34‑57, 34‑58, 34‑60, 34‑62, 34‑69, and
34‑72 of this Code, and by Section 17‑128 of the "Illinois Pension Code"
shall be in addition to and exclusive of the maximum of all other taxes
which the school district is authorized by law to levy upon the aggregate
valuation of all taxable property within the school district or city and
the county clerk in reducing taxes under the provisions of the Property Tax
Code shall not consider any of such
taxes therein authorized as a part of the tax levy of the school district or
city required to be included in the aggregate of all taxes to be reduced and no
reduction of any tax levy made under the Property Tax Code shall diminish any amount appropriated or levied for
any such tax.
(Source: P.A. 88‑670, eff. 12‑2‑94.)
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(105 ILCS 5/34‑74) (from Ch. 122, par. 34‑74)
Sec. 34‑74.
Custody of school moneys.
Except as provided in Articles 34A and 34B, and Section 34‑29.2 of this
Code, all moneys raised by taxation for school purposes, or
received from
the state common school fund, or from any other source for school
purposes, shall be held by the city treasurer, ex‑officio, as school
treasurer, in separate funds for school purposes, subject to the order
of the board upon
(i) its warrants signed by its president and secretary and
countersigned by the mayor and city comptroller
or (ii) its checks, as
defined in Section 3‑104 of the Uniform Commercial Code, signed by its
president, secretary, and comptroller and countersigned by the mayor and city
comptroller.
(Source: P.A. 91‑151, eff. 1‑1‑00.)
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(105 ILCS 5/34‑75) (from Ch. 122, par. 34‑75)
Sec. 34‑75.
Duties of city treasurer as to school moneys.
The city treasurer shall, as school treasurer, secure and safely keep
all school moneys and shall maintain a separate bank account for capital
project funds and process only transactions related to capital projects
through those accounts, subject to the control and direction of the
board, provided that the amount of interest or other investment earnings
in such accounts may be from time to time withdrawn by the board and any
amounts so withdrawn by the board may be used for any lawful purpose. He
shall, subject to the limitations in this Article, keep his books and
accounts concerning such moneys in the manner prescribed by the board. His
books and accounts shall always be subject to the inspection of the board,
or any member thereof. He shall at the end of each month, and oftener if
required, render under oath an account to the board showing the state of
the school treasury at the date of the account and the balance of money in
the treasury. He shall accompany such accounts with a statement of all
moneys received into the school treasury, and on what account, together
with all warrants redeemed and paid by him; which warrants and all vouchers
held by him shall be delivered to the business manager of the board and
filed with his account in the business manager's office upon every day of
such settlement. He shall return all warrants paid by him stamped or marked
"Paid". He shall keep a register of all warrants redeemed and paid, which
shall describe such warrants and show the date, amount, number, the fund
from which paid, the name of the person to whom and when paid.
(Source: P.A. 82‑156.)
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(105 ILCS 5/34‑76) (from Ch. 122, par. 34‑76)
Sec. 34‑76.
Unpaid warrants for wages.
When a warrant issued for the wages of a teacher or other employee is
presented to the school treasurer and is not paid for want of funds, the
school treasurer shall endorse it over his signature, "not paid for want of
funds," with the date of presentation, and shall make and keep a record of
such endorsement. The warrant shall thereafter bear interest at the rate of
7% per annum if issued before January 1, 1972 or at the rate of 6% per
annum if issued after January 1, 1972, until the school treasurer notifies
the president of the board in writing that he has funds to pay it. The
school treasurer shall make and keep a record of such notices and hold the
funds necessary to pay the warrant until it is presented. The warrant shall
draw no interest after notice is given to the president of the board.
(Source: P.A. 76‑2012.)
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(105 ILCS 5/34‑77) (from Ch. 122, par. 34‑77)
Sec. 34‑77.
Depositories.
The school treasurer may be required to keep all moneys in his hands
belonging to the board in such places of deposit as may be ordered by the
city council but he shall not be required to deposit such moneys elsewhere
than in a savings and loan association or a regularly organized bank.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83‑541.)
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(105 ILCS 5/34‑78) (from Ch. 122, par. 34‑78)
Sec. 34‑78.
Money kept separate‑Unlawful use.
The school treasurer shall keep all moneys in his hands belonging to the
board separate from his own moneys, and shall not use, either directly or
indirectly, the school moneys or warrants in his custody and keeping for
his own use and benefit or that of any other person. If the school
treasurer violates this section, the city council may immediately remove
him from office and declare his office vacant.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑79) (from Ch. 122, par. 34‑79)
Sec. 34‑79.
Annual account of treasurer.
The school treasurer shall annually, between the first and tenth of
March 1973, between the first and tenth of March 1974, between the first
and tenth of November 1974 and between the first and tenth of November of
each year thereafter, file with the controller of the board a detailed
account of all receipts and expenditures and of all his transactions during
the preceding fiscal year. The account shall show the state of the school
treasury at the close of the fiscal year. The account shall immediately be
published in the proceedings of the board.
(Source: P. A. 77‑2734.)
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(105 ILCS 5/34‑80) (from Ch. 122, par. 34‑80)
Sec. 34‑80.
Liability on treasurer's bond.
The school treasurer shall be liable on his official bond as city
treasurer for the proper performance of his duties and the conservation of
all moneys held by him under this article. It is hereby made the duty of
the city council in fixing the amount, the penalty and conditions of said
official bond to do so in such manner as will save the board from any loss.
This Section does not prevent the city council from designating a bank
or savings and loan association as a depository of school moneys in the
manner prescribed in the "Revised
Cities and Villages Act", as amended and Section 34‑77.
(Source: P.A. 83‑541.)
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(105 ILCS 5/34‑81) (from Ch. 122, par. 34‑81)
Sec. 34‑81.
Interest on fund.
Neither the treasurer nor any other officer having the custody of public
school funds is entitled to retain any interest accruing thereon, but such
interest shall accrue and inure to the benefit of such funds respectively,
become a part thereof and be paid into the city treasury, subject to the
purposes of this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑82) (from Ch. 122, par. 34‑82)
Sec. 34‑82.
Designation of person to sign for president.
The president of the board, with the approval of the board, may
designate one or more persons who shall have authority, when directed to
do so by the president, to affix the signature of the president to any
bond, warrant, certificate, contract or any other written instrument,
which by law is required to be signed by the president of the board.
When the signature of the president of the board is so affixed to a
written instrument, it shall be as binding upon the board as if signed
by the president thereof. Whenever the president of the board desires to
designate a person to affix the signature of the president to any bond,
warrant, certificate, contract or any other written instrument, he shall
send a written notice to the board containing the name of the person he
has selected and a designation of the instrument or instruments such
person shall have authority to sign. Attached to the notice shall be the
written signature of the president of the board, executed by the person
so designated, with the signature of the person so designated
underneath. The notice shall be filed with the secretary and presented
at the next meeting of the board for its approval and shall be printed
in its proceedings.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑83) (from Ch. 122, par. 34‑83)
Sec. 34‑83.
Board of examiners ‑ Certificates ‑ Examinations.
A board of 3 examiners shall examine all applicants required to hold
certificates to teach and the board of education shall issue gratuitously
to those who pass a required test of character, scholarship and general
fitness, such certificates to teach as they are found entitled to receive.
No person may be granted or continue to hold a teaching certificate who has
knowingly altered or misrepresented his or her teaching
qualifications in
order to acquire the certificate. Any other certificate held by such
person may be suspended or revoked by the board of examiners, depending
upon the severity of the alteration or misrepresentation.
The board of examiners shall consist of the general superintendent of schools
and 2 persons approved and appointed by
the board of education upon the nomination of the general superintendent
of schools. The board of
examiners shall hold such examinations as the board of education may
prescribe, upon the recommendation of the general superintendent of schools
and shall prepare all necessary eligible lists, which shall be kept in the
office of the general superintendent of schools and be open to public
inspection. Members of the board of examiners shall hold office for a term
of 2 years.
The board of examiners created herein is abolished effective July 1,
1988. Commencing July 1, 1988, all new teachers employed by the
board shall hold teaching certificates issued by the State
Teacher Certification Board under Article 21. The State Board of Education
in consultation with the board of examiners
and the
State Teacher Certification Board shall develop procedures
whereby teachers currently holding valid certificates issued by the board
of examiners, and all teachers employed by the board
after August 1,
1985 and prior to July 1, 1988, shall no later than July 1, 1988 exchange
certificates issued by the board of examiners for comparable certificates
issued by the State Teacher Certification Board. On the exchange of a
certificate on or before July 1, 1988, the State Teacher Certification
Board shall not require any additional qualifications for the issuance of
the comparable certificate.
If prior to July 1, 1988 the board of examiners has issued types of
teaching certificates which
are not comparable to the types of certificates issued by the State Teacher
Certification Board, such certificates shall continue to be valid for and
shall be renewable by the holders thereof, and no additional qualifications
shall be required by the State Teacher Certification Board for any such
renewal; however, no individual who received a letter of
continuing eligibility shall be issued an Initial or Standard Teaching
Certificate, as provided in Section 21‑2 of this Code,
unless that individual also holds
such a valid and renewable certificate.
The State Board of Education shall report by July 1, 1986, to the
Illinois General Assembly on the procedures for exchange it has developed
in consultation with the board of examiners and the State Teacher
Certification Board as required in this Section.
(Source: P.A. 91‑102, eff. 7‑12‑99.)
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(105 ILCS 5/34‑83.1) (from Ch. 122, par. 34‑83.1)
Sec. 34‑83.1.
Residence Requirements.
Residency within any school district
governed by this Article, if not required at the time of employment as a
qualification of employment, shall not be considered in determining the
compensation of a teacher or whether to retain, promote, assign or transfer
that teacher.
(Source: P.A. 82‑381.)
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(105 ILCS 5/34‑84) (from Ch. 122, par. 34‑84)
Sec. 34‑84.
Appointments and promotions of teachers.
Appointments and
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full‑time teachers in the
public school system of the district before January 1, 1998 and 4 years with
respect to probationary employees who are first employed as full‑time teachers
in the public school system of the district on or after January 1, 1998
(during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools)
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34‑85.
As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals.
There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
Section 34‑8.1.
(Source: P.A. 89‑15, eff. 5‑30‑95; 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/34‑84a) (from Ch. 122, par. 34‑84a)
Sec. 34‑84a.
Maintenance of discipline.
Subject to the
limitations of all policies established or adopted under Section
14‑8.05, teachers, other certificated educational employees, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or leased by the
board and used for school purposes and activities.
In all matters
relating to the discipline in and conduct of the schools and the school
children, they stand in the relation of parents and guardians to the
pupils. This relationship shall extend to all activities connected
with the school program, including all athletic and extracurricular
programs, and may be exercised at any time for the
safety and supervision of the pupils in the absence of their parents
or guardians.
Nothing in this Section affects the power of the board
to establish rules with respect to discipline, except that the rules of
the board must provide, subject to the limitations of all policies
established or adopted under Section 14‑8.05,
that a teacher, other certificated employee, and any other person, whether or
not a certificated employee, providing a related service for or with respect to
a student may
use reasonable force as needed to maintain safety for the other students,
shall provide that a teacher may remove a student from the classroom
for disruptive behavior, and
must include provisions which provide due process to students.
(Source: P.A. 89‑184, eff. 7‑19‑95.)
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(105 ILCS 5/34‑84a.1) (from Ch. 122, par. 34‑84a.1)
Sec. 34‑84a.1.
Principals shall report incidents of intimidation.
The
principal of each attendance center shall promptly notify and report to the
local law enforcement authorities for inclusion in the Department of State
Police's Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged incident of
intimidation which is reported to him or her, either orally or in writing,
by any pupil or by any teacher or other certificated or non‑certificated
personnel employed at the attendance center. "Intimidation" shall have the
meaning ascribed to it by Section 12‑6 of the Criminal Code of 1961.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(105 ILCS 5/34‑84.1) (from Ch. 122, par. 34‑84.1)
Sec. 34‑84.1.
Teachers employed in Department of Defense overseas dependents' schools.
By mutual agreement of a teacher and the board of education, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his permanent status under this Act, and (b) to continue
receipt, on the same basis as if he were teaching in the school system
subject to the board of education, of service credit earned for
requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
A person employed to replace a teacher making the election provided for
in this Section does not acquire permanent status as a teacher under this
Article.
(Source: Laws 1967, p. 1999.)
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(105 ILCS 5/34‑85) (from Ch. 122, par. 34‑85)
Sec. 34‑85.
Removal for cause; Notice and hearing; Suspension.
No
teacher employed by the board of education shall (after serving the
probationary period specified in Section 34‑84) be removed
except for cause. No principal employed by the board of education shall be
removed during the term of his or her performance contract except for
cause, which may include but is not limited to the principal's repeated
failure to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the performance
contract pursuant to Section 34‑2.3.
The general superintendent must first approve written charges and specifications against the
teacher or
principal. A local school council may direct the
general superintendent to approve written charges against its principal on behalf of the Council
upon the vote of 7 members of the Council. The general superintendent must
approve those charges within 45 days
or provide a written
reason for not approving those charges. A
written notice of those charges
shall be served upon the teacher or principal within 10 days of the
approval of the charges. If the teacher or principal cannot be found upon diligent
inquiry, such charges may be served upon him by mailing a copy thereof in a
sealed envelope by prepaid certified mail, return receipt requested, to the
teacher's or principal's last known address. A return receipt showing
delivery to such address within 20 days after the date of the
approval of the charges shall constitute proof of service.
No hearing upon the charges is required unless the teacher or principal
within 10
days after receiving notice requests in writing of the general
superintendent that a hearing
be scheduled, in which case the general superintendent shall
schedule a hearing on those
charges before a disinterested hearing officer on a date no less than 15
nor more than 30 days after the approval of the charges. The general superintendent shall forward a copy of the notice to the State Board of
Education within 5 days from the date of the approval of the charges.
Within 10 days after receiving the notice of hearing, the State Board
of
Education shall provide the teacher or principal and the general
superintendent with a list
of 5 prospective, impartial hearing officers. Each person on the list must
be accredited by a national arbitration organization and have had a minimum
of 5 years of experience as an arbitrator in cases involving labor and
employment
relations matters between educational employers and educational employees or
their exclusive bargaining representatives.
The general superintendent and the teacher or principal or
their legal representatives
within 3 days from receipt of the list shall alternately strike one name
from the list until only one name remains. Unless waived by the teacher,
the teacher or principal shall
have the right to proceed first with the striking. Within 3 days of receipt
of the first list provided by the State Board of Education, the general
superintendent and the teacher or principal or their legal representatives
shall
each have the right to reject all prospective hearing officers named on the
first list and to require the State Board of Education to provide a second list
of 5 prospective, impartial hearing officers, none of whom were named on the
first list. Within 5 days after receiving this request for a second list, the
State Board of Education shall provide the second list of 5 prospective,
impartial hearing officers. The procedure for selecting a hearing officer from
the second list shall be the same as the procedure for the first list. Each
party
shall promptly
serve written notice on the other of any name stricken from the list. If
the teacher or principal fails to do so, the general superintendent may select the hearing
officer from any name remaining on the list. The teacher or principal
may waive the hearing at any time prior to the appointment of the hearing
officer. Notice of the selection of the hearing officer shall be given
to the State Board of Education. The hearing officer shall be notified
of his selection by the State Board of Education. A signed acceptance
shall be filed with the State Board of Education within 5 days of receipt
of notice of the selection. The State Board of Education shall notify the
teacher or principal and the board of its appointment of the hearing officer.
In the alternative to selecting a hearing officer from the first or second
list received from the State Board of Education, the general superintendent and
the teacher or principal or their legal representatives may mutually agree to
select an impartial hearing officer who is not on a list received from the
State Board of Education, either by direct appointment by the parties or by
using procedures for the appointment of an arbitrator established by the
Federal Mediation and Conciliation Service or the American Arbitration
Association. The parties shall notify the State Board of Education of their
intent to select a hearing officer using an alternative procedure within 3 days
of receipt of a list of prospective hearing officers provided by the State
Board of Education. Any person selected by the parties under this alternative
procedure for the selection of a hearing officer shall have the same
qualifications and authority as a hearing officer selected from a list provided
by the State Board of Education. The teacher or principal may waive the
hearing at any time prior to the appointment of the hearing officer. The
State Board of
Education shall
promulgate
uniform
standards and rules
of procedure for such hearings, including reasonable rules of discovery.
The per diem allowance for the hearing officer shall be paid by the State
Board of Education. The hearing officer shall hold a hearing and render
findings of fact and a recommendation to the general superintendent. The teacher or principal has the
privilege of being present at the hearing with counsel and of
cross‑examining witnesses and may offer evidence and witnesses and present
defenses to the charges. The hearing officer may issue subpoenas requiring
the attendance of witnesses and, at the request of the teacher or principal
against whom a charge is made or the general superintendent,
shall issue such subpoenas, but
the hearing officer may limit the number of witnesses to be subpoenaed in
behalf of the teacher or principal or the general superintendent
to not more than 10 each.
All testimony at the hearing shall be taken under oath administered by the
hearing officer. The hearing officer shall cause a record of the
proceedings to be kept and shall employ a competent reporter to take
stenographic or stenotype notes of all the testimony. The costs of the
reporter's attendance and services at the hearing shall be paid by the
State Board of Education. Either party desiring a transcript of the
hearing shall pay for the cost thereof.
Pending the hearing of the charges, the person charged may be suspended
in accordance with rules prescribed by the board but such person, if
acquitted, shall not suffer any loss of salary by reason of the suspension.
Before service of notice of charges on account of causes that may be
deemed to be remediable, the teacher or principal shall be given reasonable
warning in writing, stating specifically the causes which, if not removed,
may result in charges; however, no such written warning shall be required
if the causes have been the subject of a remediation plan pursuant to
Article 24A. No written warning shall be required for conduct on the part of
a teacher or principal which is cruel, immoral, negligent, or criminal or which
in any way causes psychological or physical harm or injury to a student as that
conduct is deemed to be irremediable. No written warning shall be required for
a material breach of the uniform principal performance contract as that conduct
is deemed to be irremediable; provided however, that not less than 30 days
before the vote of the local school council to seek the dismissal of a
principal for a material breach of a uniform principal performance contract,
the local school council shall specify the nature of the alleged breach in
writing and provide a copy of it to the principal.
The hearing officer shall consider and give weight to all of the
teacher's evaluations written pursuant to Article 24A.
The hearing officer shall within 45 days from the conclusion of the hearing
report to the general superintendent findings of fact and a recommendation as to whether or not the teacher or principal shall
be dismissed and shall give a copy of the report to both the
teacher or
principal and the general superintendent. The board, within 45
days of receipt of the hearing officer's findings of fact and recommendation,
shall make a decision as to whether the teacher or principal shall be dismissed
from its employ. The failure of the board to strictly adhere to the timeliness
contained herein shall not render it without jurisdiction to dismiss the
teacher
or principal. If the hearing
officer fails to render a decision within 45 days, the State Board of
Education shall communicate with the hearing officer to determine the date that
the parties can reasonably expect to receive the decision. The State Board of
Education shall provide copies of all such communications to the parties. In
the event the hearing officer fails without good cause
to make a decision within the 45 day period, the name of such hearing
officer
shall be struck for a period not less than 24 months from the master
list
of hearing officers maintained by the State Board of Education. The board
shall not lose jurisdiction to discharge the teacher or principal if the
hearing officer fails to render a decision within the time specified in this
Section. If a hearing officer fails to render a decision within 3 months after
the hearing is declared closed, the State Board of Education shall provide the
parties with a new list of prospective, impartial hearing officers, with the
same qualifications provided herein, one of whom shall be selected, as provided
in this Section, to rehear the charges heard by the hearing officer who failed
to render a decision. The parties may also select a hearing officer pursuant
to the alternative procedure, as provided in this Section, to rehear the
charges heard by the hearing officer who failed to render a decision. A
violation of the professional standards set forth in "The Code of
Professional Responsibility for Arbitrators of Labor‑Management Disputes",
of the National Academy of Arbitrators, the American Arbitration
Association, and the Federal Mediation and Conciliation Service, or the
failure of a hearing officer to render a decision within 3 months after the
hearing is declared closed shall be grounds for removal of the hearing
officer from the master list of
hearing officers maintained by the State Board of Education. The decision
of the board is final unless reviewed as provided in
Section
34‑85b of this Act.
In the event judicial review is instituted, any costs of preparing and
filing the record of proceedings shall be paid by the party instituting
the review. If a decision of the hearing officer is adjudicated upon review
or appeal in favor of the teacher or principal, then the trial court shall
order reinstatement and shall determine the amount for which the board is
liable including but not limited to loss of income and costs incurred therein.
Nothing in this Section affects the validity of removal for cause hearings
commenced prior to the effective date of this amendatory Act of 1978.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑85b) (from Ch. 122, par. 34‑85b)
Sec. 34‑85b.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof and
the rules adopted pursuant thereto, shall apply to and govern all
proceedings instituted for the judicial review by either the employee, teacher,
a principal or the board of final administrative decisions of the hearing
officer under Sections 34‑15 and
34‑85 of this Act. The term
"administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(105 ILCS 5/34‑87) (from Ch. 122, par. 34‑87)
Sec. 34‑87.
Payments to retired persons‑Subject to call.
Each person retired from service under Section 34‑86 prior to the
last day of the June 1951 school term shall be paid $500.00 annually for
life from the date of retirement from the money derived from the general
tax levy for educational purposes and from amounts received from the
common school fund under Sections 18‑‑7 and 18‑‑8, but he shall be
subject to the call of the general superintendent of schools of the city
for consultation and advisory service; provided, however, that for each
person retired under Section 34‑‑86 prior to the last day of the June
1947 school term, there shall be an additional annual payment of $500.00
for life; and that for each person retired under Section 34‑‑86 on the
last day of the June 1947 school term or thereafter, but before the last
day of the June 1951 school term, there shall be an additional annual
payment of $300.00 for life, such amounts also to be derived from the
annual tax levy for educational purposes and from amounts received from
the common school fund under Sections 18‑‑7 and 18‑‑8. Annuity payments
to a retired person shall be suspended while such person is employed by
the board as a teacher on a temporary certificate as provided in Section
34‑‑86. This section does not impair or prejudice any rights of any
person so retired to an annuity under the provisions concerning any
teachers' pension fund or teachers' pension and retirement fund,
established by any other statute of this State.
From the additional sum reserved to the school district of the city
under Section 18‑‑7 and paid to it under Section 18‑‑8 by reason of the
exclusion of such district from the provisions of the Teachers'
Retirement System of the State of Illinois, such portion thereof accrued
by the board of education in 1952 and each year thereafter which is not
required to meet the current month's emeritus pay obligation prescribed
in this section, shall be paid monthly beginning January 1958 and
thereafter by the board of education to the teachers' pension and
retirement fund of the city. When the obligation prescribed by this
section is completely liquidated by reason of the death of all
beneficiaries thereof, the entire additional sum reserved and paid to
the school district of the city under Sections 18‑‑7 and 18‑‑8, as a
result of the exclusion of such district from the provisions of the
Teachers' Retirement System of the State of Illinois shall be paid
monthly by the board of education to the teachers' pension and
retirement fund of the city.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑88) (from Ch. 122, par. 34‑88)
Sec. 34‑88.
School reports.
Each attendance center shall prepare a report
card in accordance with the guidelines established in paragraphs (b) and
(c) of subsection (3) of Section 10‑17a which describes the performance
of its schools and students. This report card shall be transmitted to
the general superintendent who shall present report cards from
each of the attendance centers within the district to the
board.
The board shall make available to a newspaper of general
circulation
serving the district a report which provides information detailing the
performance of the district.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑128) (from Ch. 122, par. 34‑128)
Sec. 34‑128.
The Board shall provide free bus transportation for
every child who is trainable mentally disabled,
as defined in Article 14,
who resides at a distance of one mile or more from any school to which
he is assigned for attendance and who the State Board of Education determines
in advance requires special transportation
service in order to take advantage of special educational facilities.
The board may levy, without regard to any other legally authorized
tax and in addition to such taxes, an annual tax upon all the taxable
property in the school district at a rate not to exceed .005% of the
value, as equalized or assessed by the Department of Revenue,
that will produce an amount not to exceed the annual cost of
transportation provided in accordance with this Section. The board
shall deduct from the cost of such transportation any amount reimbursed
by the State under Article 14. Such levy is authorized in the year
following the school year in which the transportation costs were
incurred by the district.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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