There is a newer version of the Illinois Compiled Statutes
2005 Illinois 105 ILCS 5/ School Code. Article 10 - School Boards
(105 ILCS 5/10‑2) (from Ch. 122, par. 10‑2)
Sec. 10‑2.
Corporate powers.
The directors of each district shall be a body politic and corporate, by
the name of "school directors of district No. ...., county of .... and
State of Illinois," and by that name may sue and be sued in all courts and
places where judicial proceedings are had.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑3) (from Ch. 122, par. 10‑3)
Sec. 10‑3.
Eligibility of directors.
Any person who, on the date of his
or her election, is a citizen of the United States, of the age of 18 years or
over, is a resident of the State and of the territory of the district for at
least one year immediately preceding his or her election, is a registered voter
as provided in the general election law, is not a school trustee or a school
treasurer, and is not a child sex offender as defined in Section 11‑9.3 of the
Criminal Code of 1961 shall be eligible to the office of school director.
(Source: P.A. 93‑309, eff. 1‑1‑04.)
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(105 ILCS 5/10‑4) (from Ch. 122, par. 10‑4)
Sec. 10‑4.
Election of directors.
(a) In all districts, directors shall be elected in each odd‑numbered
year, each for a term of 4 years.
(b) In consolidated districts where 5 directors
are elected in 1981 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the general election
law, those directors elected shall, by lot, determine
2 of their number to serve 2 years and 3 to serve 4 years; their successors
shall serve for a 4 year term.
(c) If a proposition to increase the membership of a school district's
board of school directors to 7 directors and to elect a new 7‑member board of
school directors to replace the district's existing board of 3 school directors
is approved by the electors of the district at a regular scheduled election as
provided in subsection (b) of Section 10‑1, 7 members shall be elected at the
next regular school election, in the manner provided by Article 9, to serve as
the board of school directors of that district. The terms of office of the 3
members of the board of school directors serving at the time of the election of
the initial 7‑member board of school directors shall expire when the 7 newly
elected members of the initial 7‑member board of school directors assume office
and are organized as provided in Section 10‑5. At their organizational
meeting, the initial members of the 7‑member board of school directors shall by
lot determine 4 of their number to serve 4 year terms and 3 of their number to
serve 2 year terms. Their successors shall serve for a 4 year term.
(d) In all other districts, one school director
shall be elected in each district every
other odd‑numbered year, and two school directors shall be elected in the
intervening odd‑numbered years.
(e) When a vacancy occurs in the membership of any board
of school directors the remaining members shall,
within 30
days, fill the vacancy by appointment until the next regular school
election, or, upon their failure so to do, the regional superintendent
shall make such appointment within the next 30 days to fill the
vacancy as herein provided.
Upon the regional superintendent's failure
to fill the vacancy, the vacancy shall be filled at the next regularly
scheduled
election.
(Source: P.A. 90‑757, eff. 8‑14‑98.)
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(105 ILCS 5/10‑5) (from Ch. 122, par. 10‑5)
Sec. 10‑5. Organization of board ‑ Report to treasurer and regional
superintendent of schools. Within 28 days after the regular election of
directors, the directors shall meet and organize by appointing one
of their number president and another as clerk, except that when directors
are elected at the consolidated elections in April of 1999 and April of 2001,
the directors shall meet and organize, in the manner provided by this Section,
within 7 days after the first Tuesday after the first Monday of November in
each of those 2 years. The clerk shall at once report
to the treasurer and regional superintendent of schools the names of the
president and clerk so appointed. Upon organizing itself as provided in this
Section, the board of school directors shall enter upon the discharge of its
duties. Terms of members are subject to Section 2A‑54 of the Election Code,
except as otherwise limited by subsection (c) of Section 10‑4.
(Source: P.A. 93‑847, eff. 7‑30‑04.)
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(105 ILCS 5/10‑6) (from Ch. 122, par. 10‑6)
Sec. 10‑6.
Regular and special meetings.
The directors shall hold regular meetings at such times as they may
designate, and special meetings at the call of the president or of any 2
members. Public notice of meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act. No official business
shall be transacted by the directors except at a regular or a special
meeting. In consolidated districts and in districts electing a 7‑member board
of school directors under subsection (c) of Section 10‑4, 4 directors shall
constitute a
quorum for the transaction of business. In all other districts 2
directors shall constitute a quorum for
the transaction of business. If the president or clerk is absent from
any meeting or refuses to perform his duties, a president or clerk pro
tempore shall be appointed. At each regular and special meeting which
is open to the public, members of the public and employees of the district
shall be afforded time, subject to reasonable constraints, to comment to
or ask questions of the board. When the president or district superintendent
of schools receives a written correspondence from a resident within the
school district's territory, requesting the consideration of a matter before
the board, the author of the correspondence shall receive a formal written
statement from an appointed official of the board stating the board's position
on their request, no later than 60 days from the receipt of the correspondence
by the president or district superintendent of schools. The formal written
response from the board shall establish a meeting before the board or list
the reasons for denying the request.
(Source: P.A. 90‑757, eff. 8‑14‑98.)
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(105 ILCS 5/10‑7) (from Ch. 122, par. 10‑7)
Sec. 10‑7.
Secretary or clerk to record official acts ‑ yeas and nays
on expenditures. The secretary or clerk shall keep in a punctual, orderly
and reliable manner a record of the official acts of the board which
shall be signed by the president and the secretary or clerk, and
submitted to the treasurer having custody of the funds of the district
for his inspection and approval on the first Monday of April and
October, and at such other times as the treasurer may require. On all
questions involving the expenditure of money, the yeas and nays shall be
taken and entered on the records of the proceedings of the board. The
secretary or clerk shall keep the minutes and, if the district is not
required to employ a superintendent, keep or cause to be kept the
financial records of the school district.
(Source: P.A. 76‑1339.)
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(105 ILCS 5/10‑8) (from Ch. 122, par. 10‑8)
Sec. 10‑8.
Report by secretary or clerk to treasurer.
On or before July 7 annually, the secretary or clerk shall report to
the treasurer having the custody of the funds of his district, such
statistics and other information in relation to the schools of his
district as the treasurer is required to include in his report to the
regional superintendent of schools.
(Source: P.A. 80‑279.)
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(105 ILCS 5/10‑9) (from Ch. 122, par. 10‑9)
Sec. 10‑9.
Interest of board member in contracts.
(a) No school board member shall be interested, directly or indirectly,
in his own name or in the name of any other person, association, trust or
corporation, in any contract, work or business of the district or in the
sale of any article, whenever the expense, price or consideration of the
contract, work, business or sale is paid either from the treasury or by any
assessment levied by any statute or ordinance. No school board member
shall be interested, directly or indirectly, in the purchase of any
property which (1) belongs to the district, or (2) is sold for taxes or
assessments, or (3) is sold by virtue of legal process at the suit of
the district.
(b) However, any board member may provide materials, merchandise,
property, services or labor, if:
A. the contract is with a person, firm, partnership, | ||
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B. such interested board member publicly discloses | ||
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C. such interested board member abstains from voting | ||
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D. such contract is approved by a majority vote of | ||
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E. the contract is awarded after sealed bids to the | ||
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F. the award of the contract would not cause the | ||
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(c) In addition to the above exemption, any board member may provide
materials, merchandise, property, services or labor if:
A. the award of the contract is approved by a | ||
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B. the amount of the contract does not exceed | ||
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C. the award of the contract would not cause the | ||
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D. such interested member publicly discloses the | ||
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E. such interested member abstains from voting on | ||
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(d) In addition to exemptions otherwise authorized by this Section, any
board member may purchase for use as the board member's primary place of
residence a house constructed by the district's vocational education
students on the same basis that any other person would be entitled to
purchase the property. The sale of the house by the district must comply
with the requirements set forth in Section 5‑22 of The School Code.
(e) A contract for the procurement of public utility services by a
district with a public utility company is not barred by this Section by
one or more members of the board being an officer or employee of the
public utility company or holding an ownership interest of no more than
7 1/2% in the public utility company, or holding an ownership interest of
any size if the school district has a population of less than 7,500 and
the public utility's rates are approved by the Illinois Commerce
Commission. An elected or appointed member of the board having such an
interest shall be deemed not to have a prohibited interest under this Section.
(f) Nothing contained in this Section, including the restrictions set
forth in subsections (b), (c), (d) and (e), shall preclude a contract of
deposit of monies, loans or other financial services by a school
district with a local bank or local savings and loan association,
regardless of whether a member or members of the governing body of the
school district are interested in such bank or savings and loan
association as an officer or employee or as a holder of less than 7 1/2%
of the total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested member or
members of the governing body must publicly state the nature and extent
of their interest during deliberations concerning the proposed award of
such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the school
district.
(g) Any school board member who violates this Section is guilty of a
Class 4 felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(Source: P.A. 89‑244, eff. 8‑4‑95.)
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(105 ILCS 5/10‑11) (from Ch. 122, par. 10‑11)
Sec. 10‑11.
Vacancies.
Elective offices become vacant within the meaning of the Act, unless the
context indicates otherwise, on the happening of any of the following
events, before the expiration of the term of such office:
1. The death of the incumbent.
2. His or her resignation in writing filed with the Secretary or Clerk of
the
Board.
3. His or her becoming a person under legal disability.
4. His or her ceasing to be an inhabitant of the district for which
he or she was
elected.
5. His or her conviction of an infamous crime, of any offense
involving a
violation of official oath, or of a violent crime against a child.
6. His or her removal from office.
7. The decision of a competent tribunal declaring his or her election void.
8. His ceasing to be an inhabitant of a particular area from which he
was elected, if the residential requirements contained in Section 11A‑8,
11B‑7, or 12‑2
of this Act are violated.
No elective office except as herein otherwise provided becomes vacant
until the successor of the incumbent of such office has been appointed or
elected, as the case may be, and qualified. The successor shall have the
same type of residential qualifications as his or her predecessor and, if the
residential requirements contained in Section 11A‑8, 11B‑7, or 12‑2 of this Act
apply, the successor, whether elected or appointed by the remaining members or
a regional superintendent, shall be an inhabitant of the particular area from
which his or her predecessor was elected.
(Source: P.A. 91‑376, eff. 1‑1‑00.)
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(105 ILCS 5/10‑12) (from Ch. 122, par. 10‑12)
Sec. 10‑12.
Quorum.
A majority of the full membership of the board of education shall
constitute a quorum. Unless otherwise provided, when a vote is taken upon
any measure before the board, a quorum being present, a majority of the
votes of the members voting on the measure shall determine the outcome
thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑13) (from Ch. 122, par. 10‑13)
Sec. 10‑13.
President of board of education.
The president of the board of education shall be elected by the
members thereof from among their number and serve for 2 years, except
that the board by resolution may establish a policy for the term of office
to be one year.
He shall preside at all meetings and shall perform such duties as are
imposed upon him by law or by action of the board of education. If he is
absent from any meeting or refuses to perform his duties, a president
pro tempore shall be appointed. The vice‑president of the board, if the
board elects such officer, shall be appointed the president pro tempore.
(Source: P.A. 84‑497.)
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(105 ILCS 5/10‑13.1) (from Ch. 122, par. 10‑13.1)
Sec. 10‑13.1.
Vice‑President of the board of education.
A
vice‑president of the board of education shall be elected by the members
thereof from among their number and serve for 2 years, except that the
board by resolution may establish a policy for the term of office to be
one year.
The vice‑president shall perform the duties of the president if there is
a vacancy in the office of president or in case of the president's absence
or inability to act, and other duties imposed upon him by the rules of
the board.
(Source: P.A. 85‑839.)
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(105 ILCS 5/10‑14) (from Ch. 122, par. 10‑14)
Sec. 10‑14.
Secretary of board of education.
The secretary of the board of education shall be elected by the board
of education and may be a member thereof, who shall serve for 2 years,
except that the board by resolution may establish a policy for the term
of office to be one year. The secretary, if not a member of the board,
may receive such compensation as shall be fixed by the board of education
prior to the election of the secretary. If the secretary is a member of
the board, he or she may receive such compensation not to exceed $500 per
year as shall be fixed by the board and may vote on all questions coming before the board.
He shall perform the duties usually pertaining to his office, or to
the clerk of a board of directors, and such as are imposed on him by
law, or by action of the board of education. If he is absent from any
meeting or refuses to perform his duties, a secretary pro tempore who
may but need not be a member of the board shall be appointed.
(Source: P.A. 86‑682.)
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(105 ILCS 5/10‑16) (from Ch. 122, par. 10‑16)
Sec. 10‑16. Organization of Board. Within 28 days after the consolidated
election, other than the consolidated elections in 1999 and 2001, the
board shall organize by electing its officers and fixing a time and place
for the regular meetings. However, when school board members are elected at
the consolidated elections held in April of 1999 and April of 2001, the board
shall organize within 7 days after the first Tuesday after the first Monday of
November in each such year by electing officers and setting the time and place
of the regular meetings. Upon organizing itself as provided in this paragraph,
the board shall enter upon the discharge of its duties.
The regional superintendent of schools having supervision and control, as
provided in Section 3‑14.2, of a new school
district that is governed by the School Code and formed on or after the
effective date of this amendatory Act of 1998 shall convene
the newly elected board within 7 days after the election of the board of
education of that district, whereupon
the board
shall proceed to organize by electing one of their number as
president and
electing a secretary, who may or may not be a member. At such meeting the
length of term of each of the members shall be determined by lot so that 4
shall serve for 4 years, and 3 for 2 years from the commencement of their
terms; provided, however, if such members were not elected at the
consolidated election in an odd‑numbered year, such initial
terms shall be
extended to the consolidated election for school board
members immediately
following the expiration of the initial 4 or 2 year terms.
The provisions of this paragraph that relate to the determination of terms by
lot shall not apply to the initial members of the board of education of a
combined school district who are to be elected to unstaggered terms as provided
in subsection (a‑5) of Section 11B‑7.
The terms of the
officers of a board of education shall be for 2 years, except that
the
terms of the officers elected at the organization meeting in November, 2001
shall expire at the organization meeting in April, 2003; provided that the
board by resolution may
establish a policy for the terms of office to be one year, and provide for
the election of officers.
Special meetings of the board of education may be called by the president
or by any 3 members of the board by giving notice thereof in writing, stating
the time, place and purpose of the meeting. Such notice may be served by
mail 48 hours before such meeting or by personal service 24 hours before
such meeting. Public notice of meetings must also be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of the district shall be afforded time, subject
to reasonable constraints, to comment to or ask questions of the board.
The president or district superintendent shall, at each regular board
meeting, report any requests made of the district under provisions of The
Freedom of Information Act and shall report the status of the district's
response.
(Source: P.A. 93‑847, eff. 7‑30‑04.)
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I further swear (or affirm) that: I shall respect taxpayer interests by serving as a | ||
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I shall encourage and respect the free expression of | ||
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I shall recognize that a board member has no legal | ||
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I shall abide by majority decisions of the board, | ||
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(Source: P.A. 94‑881, eff. 6‑20‑06.) |
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(2) Except as provided in subdivision (3) of this | ||
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(3) A listing of all personnel, by name, with an | ||
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In this Section, "newspaper of general circulation" means a | ||
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After December 15 annually, upon 10 days prior written | ||
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The State Board of Education must post, on or before | ||
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(b) When any school district is the administrative district for several
school districts operating under a joint agreement as authorized by this
Code, no receipts or disbursements accruing, received or paid out
by that
school district as such an administrative district shall be included in
the statement of affairs of the district required by this Section.
However, that district shall have prepared and made available to the public, in accordance with subsection (a) of this Section, in the same
manner and subject to the same requirements as are provided in this
Section for the statement of affairs of that district, a statement
showing the cash receipts and disbursements by funds (or the revenue,
expenses and financial position, if the accrual system of accounting is
used) of the district as such administrative district, in the form
prescribed by the State Board of Education. The costs of
publishing the notice and summary of this separate statement
prepared by such an administrative
district shall be apportioned among and paid by the participating
districts in the same manner as other costs and expenses accruing to
those districts jointly.
School districts on a cash basis shall have prepared and made available to
the public, in accordance with subsection (a) of this Section, a
statement showing the cash receipts and disbursements by funds in the
form prescribed by the State Board of Education.
School districts using the accrual system of accounting shall have
prepared and made available to the public, in accordance with subsection (a) of this Section, a statement of
revenue
and expenses and a statement
of financial position in the form prescribed by the State Board of Education.
In Class II county school units such statement shall be prepared and
made available to the public, in accordance with subsection (a) of this Section, by the township treasurer of the
unit within which such
districts are located, except with respect to the school board of any
school district that no longer is subject to the jurisdiction and authority
of a township treasurer or trustees of schools of a township
because the district has withdrawn from the jurisdiction and authority of the
township treasurer and trustees of schools of the township or because
those offices have been abolished as provided in subsection (b) or
(c) of Section 5‑1, and as to each such school district the statement
required by this Section shall be prepared and made available to the public, in accordance with subsection (a) of this Section, by the school
board of such district in the same manner as required for school boards of
school districts situated in Class I county school units.
(c) The statement of affairs required pursuant to this Section shall contain such information as may
be required by the State Board of Education, including:
1. Annual fiscal year gross payment for certificated | ||
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(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 to $89,999
(e) $90,000 and over
2. Annual fiscal year payment for non‑certificated | ||
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(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 and over
3. In addition to wages and salaries all other moneys | ||
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4. Approximate size of school district in square | ||
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5. Number of school attendance centers.
6. Numbers of employees as follows:
(a) Full‑time certificated employees;
(b) Part‑time certificated employees;
(c) Full‑time non‑certificated employees;
(d) Part‑time non‑certificated employees.
7. Numbers of pupils as follows:
(a) Enrolled by grades;
(b) Total enrolled;
(c) Average daily attendance.
8. Assessed valuation as follows:
(a) Total of the district;
(b) Per pupil in average daily attendance.
9. Tax rate for each district fund.
10. District financial obligation at the close of the | ||
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(a) Teachers' orders outstanding;
(b) Anticipation warrants outstanding for each | ||
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11. Total bonded debt at the close of the fiscal | ||
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12. Percent of bonding power obligated currently.
13. Value of capital assets of the district | ||
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(a) Land;
(b) Buildings;
(c) Equipment.
14. Total amount of investments each fund.
15. Change in net cash position from the previous | ||
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In addition to the above report, a report
of expenditures in the aggregate paid on behalf of recipients of $500 or
more, giving the name of the person, firm or corporation and the total
amount received by each shall be available in the school district office
for public inspection. This listing shall include all wages, salaries
and expenditures over $500 expended from any revolving fund maintained
by the district. Any resident of the school district may receive a copy
of this report, upon request, by paying a reasonable charge to defray
the costs of preparing such copy.
This Section does not apply to cities having a population exceeding
500,000.
(Source: P.A. 94‑875, eff. 7‑1‑06.)
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(105 ILCS 5/10‑17a) (from Ch. 122, par. 10‑17a)
(Text of Section from P.A. 92‑604)
Sec. 10‑17a.
Better schools accountability.
(1) Policy and
Purpose. It shall be the policy of the State of Illinois that each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, shall submit to parents, taxpayers
of such district, the Governor, the General Assembly, and the State
Board of Education a school report card assessing the performance of its
schools and students. The report card shall be an index of school
performance measured against statewide and local standards and will provide
information to make prior year comparisons and to set future year targets
through the school improvement plan.
(2) Reporting Requirements. Each school district shall prepare a report
card in accordance with the guidelines set forth in this Section which
describes the performance of its students by school attendance centers and
by district and the district's use of financial resources. Such report
card shall be presented at a regular school board meeting subject to
applicable notice requirements,
posted on the
school district's Internet web site, if the district maintains an Internet web
site,
made available
to a newspaper of general circulation serving the district, and, upon
request, sent
home to a parent (unless the district does not maintain an Internet web site,
in which case
the report card shall be sent home to parents without request). If the
district posts the report card on its Internet web
site, the district
shall send a
written notice home to parents stating (i) that the report card is available on
the web site,
(ii) the address of the web site, (iii) that a printed copy of the report card
will be sent to
parents upon request, and (iv) the telephone number that parents may
call to
request a printed copy of the report card.
In addition, each school district shall submit the
completed report card to the office of the district's Regional
Superintendent which shall make copies available to any individuals
requesting them.
The report card shall be completed and disseminated prior to October 31
in each school year. The report card shall contain, but
not be limited to, actual local school attendance center, school district
and statewide data indicating the present performance of the school, the
State norms and the areas for planned improvement for the school and school
district.
(3) (a) The report card shall include the following applicable
indicators of attendance center, district, and statewide student
performance: percent of students who exceed, meet, or do not meet
standards established by the
State Board of Education pursuant to Section 2‑3.25a; composite and subtest
means on
nationally normed achievement tests for
college bound students; student attendance rates; chronic
truancy rate; dropout rate;
graduation rate;
and student
mobility, turnover
shown as a percent of transfers out and a percent of transfers in.
(b) The report card shall include the following descriptions for the
school,
district, and State: average
class size; amount of time per day devoted to mathematics, science,
English and social science at primary,
middle and junior high school grade levels;
number of students taking the Prairie State Achievement Examination under
subsection (c) of
Section 2‑3.64, the number of those students who received a score of excellent,
and
the average score by school of students taking the examination;
pupil‑teacher ratio; pupil‑administrator ratio;
operating expenditure per
pupil; district expenditure by fund; average administrator salary; and average
teacher salary.
(c) The report card shall include applicable indicators of parental
involvement in each attendance center. The parental involvement component
of the report card shall include the percentage of students whose parents
or guardians have had one or more personal contacts with the students'
teachers during the school year concerning the students' education, and such
other information, commentary, and suggestions as the school district
desires. For the purposes of this paragraph, "personal contact" includes,
but is not limited to, parent‑teacher conferences, parental visits to
school, school visits to home, telephone conversations, and written
correspondence. The parental involvement component shall not single out or
identify individual students, parents, or guardians by name.
(d) The report card form shall be prepared by the State Board of
Education and provided to school districts by the most efficient, economic,
and appropriate means.
(Source: P.A. 92‑604, eff. 7‑1‑02.)
(Text of Section from P.A. 92‑631)
Sec. 10‑17a.
Better schools accountability.
(1) Policy and
Purpose. It shall be the policy of the State of Illinois that each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, shall submit to parents, taxpayers
of such district, the Governor, the General Assembly, and the State
Board of Education a school report card assessing the performance of its
schools and students. The report card shall be an index of school
performance measured against statewide and local standards and will provide
information to make prior year comparisons and to set future year targets
through the school improvement plan.
(2) Reporting Requirements. Each school district shall prepare a report
card in accordance with the guidelines set forth in this Section which
describes the performance of its students by school attendance centers and
by district and the district's financial resources and use of financial
resources. Such report
card shall be presented at a regular school board meeting subject to
applicable notice requirements, and such report cards shall be made available
to a newspaper of general circulation serving the district and shall be sent
home to parents. In addition, each school district shall submit the
completed report card to the office of the district's Regional
Superintendent which shall make copies available to any individuals
requesting them.
The report card shall be completed and disseminated prior to October 31
in each school year. The report card shall contain, but
not be limited to, actual local school attendance center, school district
and statewide data indicating the present performance of the school, the
State norms and the areas for planned improvement for the school and school
district.
(3) (a) The report card shall include the following applicable
indicators of attendance center, district, and statewide student
performance: percent of students who exceed, meet, or do not meet
standards established by the
State Board of Education pursuant to Section 2‑3.25a; composite and subtest
means on
nationally normed achievement tests for
college bound students; student attendance rates; chronic
truancy rate; dropout rate;
graduation rate;
and student
mobility, turnover
shown as a percent of transfers out and a percent of transfers in.
(b) The report card shall include the following descriptions for the
school,
district, and State: average
class size; amount of time per day devoted to mathematics, science,
English and social science at primary,
middle and junior high school grade levels;
number of students taking the Prairie State Achievement Examination under
subsection (c) of
Section 2‑3.64, the number of those students who received a score of excellent,
and
the average score by school of students taking the examination;
pupil‑teacher ratio; pupil‑administrator ratio;
operating expenditure per
pupil; district expenditure by fund; average administrator salary; and average
teacher salary.
The report card shall also specify the amount of money that the district
receives from all sources, including without limitation subcategories
specifying the amount from local property taxes, the amount from
general State aid, the amount from other State funding, and the amount
from other income.
(c) The report card shall include applicable indicators of parental
involvement in each attendance center. The parental involvement component
of the report card shall include the percentage of students whose parents
or guardians have had one or more personal contacts with the students'
teachers during the school year concerning the students' education, and such
other information, commentary, and suggestions as the school district
desires. For the purposes of this paragraph, "personal contact" includes,
but is not limited to, parent‑teacher conferences, parental visits to
school, school visits to home, telephone conversations, and written
correspondence. The parental involvement component shall not single out or
identify individual students, parents, or guardians by name.
(d) The report card form shall be prepared by the State Board of
Education and provided to school districts.
(Source: P.A. 89‑610, eff. 8‑6‑96; 92‑631, eff. 7‑11‑02.)
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(105 ILCS 5/10‑18) (from Ch. 122, par. 10‑18)
Sec. 10‑18.
Orders.
Every order issued by the school board shall state for what purposes
or on what account it is issued, and shall be in the following form:
$.... State of Illinois, (insert date)
THE TREASURER
(Insert name)
Of School District No. .... in .... County,
Pay to the order of .... the sum of .... Dollars, for
By order of the School Board of
District No. ...., in said County.
Order No. ....
...................President
........Clerk (or Secretary)
An order paid in full and properly endorsed shall be a sufficient
receipt for the purposes of this Act. The school board shall issue no
order, except for teachers' wages, unless at the time there are sufficient
funds in the hands of the treasurer to pay it.
(Source: 91‑357, eff. 7‑29‑99 .)
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(105 ILCS 5/10‑19.1) (from Ch. 122, par. 10‑19.1)
Sec. 10‑19.1.
Full year school plan.
Any school district may, by resolution of its board, operate one or
more schools within the district on a full year school plan approved by
the State Board of Education.
Any board which operates under
this Section shall devise a plan so that a student's required attendance
in school shall be for a minimum term of 180 days of actual attendance,
including not more than 4 institute days, during a 12 month period, but
shall not exceed 185 days. Under such plan, no teacher shall be required
to teach more than 185 days. A calendar of 180 days may be established
with the approval of the State Board of Education.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑19.2) (from Ch. 122, par. 10‑19.2)
Sec. 10‑19.2.
Full year feasibility study ‑ grant ‑ transitional
expenditure reimbursement.
Any school district, including special charter districts, may, by
resolution of its board, file an application with the State Board of Education
and, if approved, receive funds for
the purpose of conducting a study of the feasibility of operating one or
more schools within the district on a full year school plan pursuant to
Section 10‑19.1. Such feasibility study shall include, but need not be
limited to, the educational program, building and space needs,
administrative and personnel costs, pupil distribution in the district,
community attitudes and transportation costs. The Board of Education of
any district which conducts a feasibility study pursuant to this Section
shall submit a final report to the State Board of Education upon completion
of the study or within one year after
receipt of funds, whichever occurs first.
School districts seeking State financial support to conduct
feasibility studies shall file applications with the State Board of Education
on forms provided by the State
Board.
The State Board of Education may grant or deny applications,
in whole or in part,
and provide the funds necessary to implement approved applications,
provided that the total amount of funds necessary to implement approved
applications does not exceed the annual appropriation for that purpose.
If, based upon the results of a full year feasibility study, a school
district determines that it will operate one or more schools within the
district in accordance with Section 10‑19.1, the State Board of Education
may, pursuant to guidelines established by the
State Board, reimburse such district for expenditures resulting
from making
such transition, provided that no expenditure shall be reimbursed which
would have been incurred by a school district in the absence of a
changeover to a full year school program.
In the event any funds appropriated for transition reimbursement
during any fiscal year are insufficient for that purpose, payment shall
be made in the proportion that the total amount of such expenditures
bears to the total amount of money available for payment.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑19.3) (from Ch. 122, par. 10‑19.3)
Sec. 10‑19.3.
Advertisements for employees during strikes.
No school
board shall advertise seeking to hire employees to replace employees on
strike without stating in such advertisement that a strike is in progress.
(Source: P.A. 84‑468.)
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(105 ILCS 5/10‑20) (from Ch. 122, par. 10‑20)
Sec. 10‑20.
Powers of school board.
The school board has the
powers enumerated in the Sections of this Article following
this Section. This enumeration of powers is
not exclusive, but the board may exercise all other powers not inconsistent
with this Act that may be requisite or proper for the maintenance, operation,
and development of any school or schools under the jurisdiction of the board.
This grant of powers does not release a school board from any duty imposed upon
it by this Act or any other law.
(Source: P.A. 88‑670, eff. 12‑2‑94; 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑20.1) (from Ch. 122, par. 10‑20.1)
Sec. 10‑20.1.
Records to be retained.
To maintain records to substantiate all district claims for State aid
in accordance with regulations prescribed by the State Board of Education
and to retain such records for
a period of three
years.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑20.2) (from Ch. 122, par. 10‑20.2)
Sec. 10‑20.2.
Report of teachers employed.
To report to the county superintendent within ten days after their
employment the names of all teachers employed, with the dates of the
beginning and end of their contracts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑20.2b) (from Ch. 122, par. 10‑20.2b)
Sec. 10‑20.2b.
Routine task reduction plans.
To effectively and
efficiently utilize the skills and talents of their professional staffs, all
school boards shall initiate meetings and meet with the local collective
bargaining representatives of their certificated and
noncertificated employees for the purpose
of developing and implementing within their respective districts an
agreed plan
designed to reduce the amount of paperwork and other routine
tasks otherwise included in teachers' schedules in order that teachers have
more time to teach. Such agreements shall be filed by all school boards in
the office of the appropriate regional superintendent of schools no later
than June 1, 1988.
(Source: P.A. 85‑611.)
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(105 ILCS 5/10‑20.3) (from Ch. 122, par. 10‑20.3)
Sec. 10‑20.3.
Revenue to be provided.
To provide for the revenue necessary to maintain schools in their
districts.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑20.4) (from Ch. 122, par. 10‑20.4)
Sec. 10‑20.4.
District in two or more townships ‑ Treasurer to receive taxes.
To determine, in case of a district which is situated in a Class
II county school unit and which is subject to the jurisdiction and
authority of the trustees of schools of a township but
composed of parts of two or more townships, which treasurer is to receive
the taxes of the district, and to notify the collectors in writing
accordingly.
(Source: P.A. 86‑1441.)
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(105 ILCS 5/10‑20.5) (from Ch. 122, par. 10‑20.5)
Sec. 10‑20.5.
Rules.
To adopt and enforce all necessary rules for the management and
government of the public schools of their district. Rules adopted by the
school board shall be filed for public inspection in the administrative
office of the district.
(Source: P.A. 81‑1003.)
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(105 ILCS 5/10‑20.5a) (from Ch. 122, par. 10‑20.5a)
Sec. 10‑20.5a.
Access to high school campus.
(a) For school districts maintaining grades 10 | ||
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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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(Source: P.A. 92‑527, eff. 6‑1‑02.)
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(105 ILCS 5/10‑20.5b) (from Ch. 122, par. 10‑20.5b)
Sec. 10‑20.5b.
Tobacco prohibition.
Each school board shall prohibit
the use of tobacco on school property by any school personnel, student, or
other person when such property is being used for
any school purposes. The school board may
not authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including without limitation outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" 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 5/10‑20.6) (from Ch. 122, par. 10‑20.6)
Sec. 10‑20.6.
Visit and inspect schools.
To visit, inspect, and maintain the public schools under their jurisdiction
as the good of the schools may require and in conformance with the code
authorized in Section 2‑3.12.
(Source: P.A. 87‑984.)
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(105 ILCS 5/10‑20.7) (from Ch. 122, par. 10‑20.7)
Sec. 10‑20.7.
Appoint teachers and fix salaries.
To appoint all teachers and fix the amount of their salaries, subject to
limitations set forth in this Act. In fixing salaries of certificated
employees, school boards shall make no discrimination on account of sex and
there shall be no loss in salary because of jury duty or because such
employee, pursuant to subpoena issued by the clerk of a court and served on
such employee, attends as a witness upon trial or to have his or her
deposition taken in any school related matter pending in court, except that the
board may make a deduction equal to the amount received for such jury duty
or for per diem fees which the employee is entitled to receive for
complying with such subpoena. Certified employees may be paid full salary
by the board when in the active service of this State, under orders of the
Commander‑in‑Chief, as members of the Illinois National Guard or Illinois
Naval Militia, provided that the board may deduct from such salary any
amounts received for such State service. A school board may at any time
after January 1 employ teachers for the school year beginning on the
following July 1.
(Source: P. A. 86‑1366.)
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(105 ILCS 5/10‑20.7a) (from Ch. 122, par. 10‑20.7a)
Sec. 10‑20.7a.
Minority recruitment policy.
To develop and implement,
by 1991, a policy of recruitment and hiring of minority teachers, other
certificated employees and non‑certificated employees, including
custodians, lunch room staff and teacher aides.
(Source: P.A. 86‑227.)
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(105 ILCS 5/10‑20.7b) (from Ch. 122, par. 10‑20.7b)
Sec. 10‑20.7b.
Active military service.
Any certificated or
non‑certificated employee of a school board who is a member of any reserve
component of the United States Armed Services, including the Illinois
National Guard, and who is mobilized to active military duty on or after
August 1, 1990, shall for each pay period beginning on or after August 1, 1990
continue to receive the same regular compensation that he receives or was
receiving as an employee of the school board at the time he is or was so
mobilized to active military duty, plus any health insurance and other
benefits he is or was receiving or accruing at that time, minus the amount of
his base pay for military service, for the duration of his active military
service.
Such active military duty shall not result in the loss or diminishment of
any employment benefit, service credit, or status accrued at the time the
duty commenced if the duty commenced on or after September 1, 2001.
In the event any provision of a collective bargaining agreement or any
school board or district policy covering any employee so ordered to active
duty is more generous than the provisions contained in this Section, the
collective bargaining agreement or school board or district policy shall
be controlling.
(Source: P.A. 92‑660, eff. 7‑16‑02.)
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(105 ILCS 5/10‑20.8) (from Ch. 122, par. 10‑20.8)
Sec. 10‑20.8.
Branches of study, textbooks and apparatus.
To direct what branches of study shall be taught and what apparatus
shall be used. Subject to Article 28 of this Act, to direct what
textbooks shall be used and to enforce uniformity of textbooks in the
public schools; but not to maintain grades above the eighth unless such
grades were maintained during the school year ended June 30, 1959.
Notwithstanding any other provision of this Section or the School Code,
no school board may purchase any textbook for use in the public schools
from any textbook publisher that fails to furnish any computer diskettes as
required under Section 28‑21.
(Source: P.A. 87‑1071.)
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(105 ILCS 5/10‑20.9) (from Ch. 122, par. 10‑20.9)
Sec. 10‑20.9.
List of text material.
To furnish the county superintendent of schools with a list of all text
material being used in any school of the district and to furnish annual
alterations of lists as they occur.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑20.9a) (from Ch. 122, par. 10‑20.9a)
Sec. 10‑20.9a.
Final Grade; Promotion.
(a) Teachers shall
administer the approved
marking system or other approved means of evaluating pupil progress. The
teacher shall maintain the responsibility and right to determine grades and
other evaluations of students within the grading policies of the district
based upon his or her professional judgment of available criteria pertinent
to any given subject area or activity for which he or she is responsible.
District policy shall provide the procedure and reasons by and for which
a grade may be changed; provided that no grade or evaluation shall be
changed without notification to the teacher concerning the nature and
reasons for such change. If such a change is made, the person
making
the change shall assume such responsibility for determining the grade or
evaluation, and shall initial such change.
(b) School districts shall not promote students to the next
higher grade level based upon age or any other social reasons not related to
the academic performance of the students. On or before September 1, 1998,
school boards shall adopt and enforce a policy on promotion as they deem necessary to ensure that students
meet
local goals and objectives and can perform at the expected grade level prior to
promotion.
Decisions to promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance, performance based on
Illinois Goals and Assessment Program tests, the Iowa Test of Basic Skills, or
other testing or any other criteria established by the school board. Students
determined by the local district to not qualify for promotion to the next
higher grade shall be provided remedial assistance, which may include, but
shall not be limited to, a summer bridge program of no less than 90 hours,
tutorial sessions, increased or concentrated instructional time, modifications
to instructional materials, and retention in grade.
(Source: P.A. 89‑610, eff. 8‑6‑96; 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/10‑20.12) (from Ch. 122, par. 10‑20.12)
Sec. 10‑20.12.
School year ‑ School age.
To establish and keep in
operation in each year during a school term of at least the minimum length
required by Section 10‑19, a sufficient number of free schools for the
accommodation of all persons in the district who are 5 years of age or
older but under 21 years of age, and to secure for all such persons the
right and opportunity to an equal education in such schools; provided that
children who will attain the age of 5 years on or before September 1 of the
year of the 1990‑1991 school term and each school term thereafter may
attend school upon the commencement of such term. Based upon an assessment
of a child's readiness to attend school, a school district may permit a
child to attend school prior to the dates contained in this Section. In any
school district operating on a full year school basis children who will
attain age 5 within 30 days after the commencement of a term may attend
school upon the commencement of such term. The school district may, by
resolution of its board, allow for a full year school plan.
(Source: P.A. 87‑359.)
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(105 ILCS 5/10‑20.12a) (from Ch. 122, par. 10‑20.12a)
Sec. 10‑20.12a.
Tuition for non‑resident pupils.
To charge non‑resident pupils who attend the schools of the district
tuition in an amount not exceeding 110% of the per capita
cost of maintaining the schools of the district for the preceding school year.
Such per capita cost shall be computed by dividing the total cost of
conducting and maintaining the schools of the district by the average daily
attendance, including tuition pupils. Depreciation on the buildings and
equipment of the schools of the district, and the amount of annual
depreciation on such buildings and equipment shall be dependent upon the
useful life of such property.
The tuition charged shall in no case exceed 110% of the per capita
cost of conducting and maintaining the schools of the district attended, as
determined
with reference to the most recent audit prepared under Section 3‑7 which is
available at the commencement of the current school year.
Non‑resident pupils attending the schools of the district
for less than the
school term shall have their tuition apportioned, however pupils who become
non‑resident during a school term shall not be charged tuition for the
remainder of the school term in which they became non‑resident pupils.
Unless otherwise agreed to by the parties involved and where the
educational services are not otherwise provided for, educational services
for an Illinois student under the age of 21 in a residential program
designed to correct alcohol or other drug dependencies shall be provided by
the district in which the facility is located and financed as follows. The
cost of educational services shall be paid by the district in which the
student resides in an amount equal to the cost of providing educational
services in a treatment facility. Payments shall be made by the district
of the student's residence and shall be made to the district wherein the
facility is located no less than once per month unless otherwise agreed to
by the parties.
(Source: P.A. 89‑397, eff. 8‑20‑95; 90‑649, eff. 7‑24‑98.)
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(2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive | ||
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(ii) Custody granted by order of a court of | ||
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(iii) Custody exercised under a statutory | ||
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(iv) Custody exercised by an adult caretaker | ||
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(v) Custody exercised by an adult who | ||
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(a‑5) If a pupil's change of residence is due to the military service obligation of a person who has legal custody of the pupil, then, upon the written request of the person having legal custody of the pupil, the residence of the pupil is deemed for all purposes relating to enrollment (including tuition, fees, and costs), for the duration of the custodian's military service obligation, to be the same as the residence of the pupil immediately before the change of residence caused by the military service obligation. A school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this subsection (a‑5). School districts shall facilitate re‑enrollment when necessary to comply with this subsection (a‑5).
(b) Except as otherwise provided under Section 10‑22.5a, only resident
pupils of a school district may attend the schools of the district without
payment of the tuition required to be charged under Section 10‑20.12a.
However, children for whom the Guardianship Administrator of the Department of
Children and Family Services has been appointed temporary custodian or guardian
of the person of a child shall not be charged tuition as a nonresident pupil if
the child was placed by the Department of Children and Family Services with a
foster parent or placed in another type of child care facility and the foster
parent or child care facility is located in a school district other than
the child's former school district and it is determined by the Department of
Children and Family Services to be in the child's
best interest to maintain attendance at his or her former school district.
(c) The provisions of this subsection do not apply in school districts
having a population of 500,000 or more.
If a school board in a school district with a population of less than
500,000 determines that a pupil who is attending school in
the district on a tuition free basis is a nonresident of the district for whom
tuition is required to be charged under Section 10‑20.12a, the board shall
notify the person who enrolled the pupil of the amount of the tuition
charged under Section 10‑20.12a that is due to the district for the nonresident
pupil's attendance in the district's schools. The notice shall be given by
certified mail, return receipt requested. Within 10 days after receipt of the
notice, the person who enrolled the pupil may request a hearing to
review the determination of the school board. The request shall be sent by
certified mail, return receipt requested, to the district superintendent.
Within 10 days after receipt of the request, the board shall notify, by
certified mail, return receipt requested, the person requesting the hearing of
the time and place of the hearing, which shall be held not less than 10 nor
more than 20 days after the
notice of hearing is given. The board or a hearing officer designated by the
board shall conduct the hearing. The board and the person who enrolled
the pupil may be represented at the hearing by representatives of their
choice. At the hearing, the person who enrolled the pupil shall have the
burden of going forward with the evidence concerning the pupil's residency. If
the hearing is conducted by a hearing officer, the hearing officer,
within 5 days after the conclusion of the hearing, shall send a written report
of his or her findings by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil.
The person who enrolled the pupil may, within 5 days
after receiving the findings, file written objections to the findings with the
school board by sending the objections by certified mail, return receipt
requested, addressed to the district superintendent.
Whether the hearing is conducted by the school board or a hearing officer, the
school board shall, within 15 days after the conclusion of the hearing, decide
whether or not the pupil is a resident of the district and the amount of any
tuition required to be charged under Section 10‑20.12a as a result of the
pupil's attendance in the schools of the district. The school board shall send
a copy of its decision to the person who enrolled the
pupil, and the decision of the school board shall be final.
(c‑5) The provisions of this subsection apply only in school districts
having a population of 500,000 or more. If the board of education of a school
district with a population of 500,000 or more determines that a pupil who is
attending school in the district on a tuition free basis is a nonresident of
the district for whom tuition is required to be charged under Section
10‑20.12a, the board shall notify the person who enrolled the pupil of the
amount of the tuition charged under Section 10‑20.12a that is due to the
district for the nonresident pupil's attendance in the district's schools. The
notice shall be given by certified mail, return receipt requested. Within 10
days after receipt of the notice, the person who enrolled the pupil may request
a hearing to review the determination of the school board. The request shall
be sent by certified mail, return receipt requested, to the district
superintendent. Within 30 days after receipt of the
request, the board shall notify, by certified mail, return receipt requested,
the person requesting the hearing of the time and place of the hearing, which
shall be held not less than 10 nor more than 30 days after the notice of
hearing is given. The board or a hearing officer designated by the board shall
conduct the hearing. The board and the person who enrolled the pupil may each
be represented at the hearing by a representative of their choice. At the
hearing, the person who enrolled the pupil shall have the burden of going
forward with the evidence concerning the pupil's residency. If the hearing is
conducted by a hearing officer, the hearing officer, within 20 days after the
conclusion of the hearing, shall serve a written report of his or her findings
by personal service or by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil. The person who enrolled
the pupil may, within 10 days after receiving the findings, file written
objections to the findings with the board of education by sending the
objections by certified mail, return receipt requested, addressed to the
general superintendent of schools. If the hearing is conducted by the board of
education, the board shall, within 45 days after the
conclusion of the hearing, decide whether or not the pupil is a resident of the
district and the amount of any tuition required to be charged under Section
10‑20.12a as a result of the pupil's attendance in the schools of the district.
If the hearing is conducted by a hearing officer, the board of education
shall, within 45 days after the receipt of the hearing officer's findings,
decide whether or not the pupil is a resident of the district and the amount of
any tuition required to be charged under Section 10‑20.12a as a result of the
pupil's attendance in the schools of the district. The board of education
shall send, by certified mail, return receipt requested, a copy of its decision
to the person who enrolled the pupil, and the decision of the board shall be
final.
(d) If a hearing is requested under subsection (c) or (c‑5) to review
the determination of the school board or board of education that a nonresident pupil is attending the schools of the
district without payment of the tuition required to be charged under Section
10‑20.12a, the pupil may, at the request of a person who enrolled
the pupil, continue attendance at the schools of the district pending a final
decision of the board following the hearing. However, attendance of
that pupil in the schools of the district as authorized by this subsection (d)
shall not relieve any person who enrolled the pupil of the obligation to pay
the tuition
charged for that attendance under Section 10‑20.12a if the final decision of
the board is that the pupil is a nonresident of the district.
If a pupil is determined to be a nonresident of the district for whom tuition
is required to be charged pursuant to this Section, the board shall
refuse to permit the pupil to continue attending the schools of the district
unless the required tuition is paid for the pupil.
(e) Except for a pupil referred to in subsection (b) of Section 10‑22.5a, a
pupil referred to in Section 10‑20.12a, or a pupil referred to in subsection
(b) of this Section, a person who knowingly enrolls or
attempts to enroll in the schools of a school district on a tuition free basis
a pupil known by that person to be a nonresident of the district shall be
guilty of a Class C misdemeanor.
(f) A person who knowingly or wilfully presents to any school district any
false information regarding the residency of a pupil for the purpose of
enabling that pupil to attend any school in that district without the payment
of a nonresident tuition charge shall be guilty of a Class C misdemeanor.
(g) The provisions of this Section are subject to the provisions of the
Education for Homeless Children Act. Nothing in this Section shall be
construed to apply to or require the payment of tuition by a parent or guardian
of a "homeless child" (as that term is defined in Section 1‑5 of the Education
for Homeless Children Act) in connection with or as a result of the homeless
child's continued education or enrollment in a school that is chosen in
accordance with any of the options provided in Section 1‑10 of that Act.
(Source: P.A. 94‑309, eff. 7‑25‑05.)
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(105 ILCS 5/10‑20.13) (from Ch. 122, par. 10‑20.13)
Sec. 10‑20.13.
Text books for children of parents unable to buy them
and other fees. (a) To purchase, at the
expense of the district, a sufficient number of
textbooks for children whose parents are unable to buy them, including
but not limited to children eligible for free lunches or
breakfasts under the Community School Lunch Program. Such textbooks
shall be loaned only, and the directors shall require the teacher to see
that they are properly cared for and returned at the end of each term of
school.
(b) To waive all fees 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 school board
shall adopt written policies and procedures for such waiver of fees in
accordance with regulations promulgated by the State Board of Education.
(Source: P.A. 86‑195.)
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(105 ILCS 5/10‑20.14) (from Ch. 122, par. 10‑20.14)
Sec. 10‑20.14.
Student discipline policies; Parent‑teacher advisory
committee.
(a) To establish and maintain
a parent‑teacher advisory committee to develop with the school board
policy guidelines on pupil discipline, including school searches, to
furnish a copy of the
policy to the parents or guardian of each pupil within 15 days after
the beginning of the school year, or within 15 days after starting classes
for a pupil who transfers into the district during the school year, and to
require that each school informs its pupils of the contents of its policy.
School boards, along with the parent‑teacher advisory committee, are
encouraged to annually review their pupil discipline policies, the
implementation of those policies, and any other factors related to the safety
of their
schools, pupils, and staff.
(b) The parent‑teacher advisory
committee in cooperation with local law enforcement agencies shall develop,
with the school board, policy guideline procedures to
establish
and maintain a reciprocal reporting system between the school district and
local law enforcement agencies regarding criminal offenses committed by
students.
(c) The parent‑teacher advisory committee, in cooperation with school bus
personnel, shall develop, with the school board, policy guideline procedures to
establish and maintain school bus safety procedures. These procedures shall be
incorporated into the district's pupil discipline policy.
(d) The school board, in consultation with the parent‑teacher
advisory committee and other community‑based organizations, must include
provisions in the student discipline
policy to address students who have demonstrated behaviors that put them at
risk for aggressive behavior, including without limitation bullying, as
defined in the policy. These provisions must include
procedures for notifying parents or legal guardians and
early intervention procedures
based upon available community‑based and district resources.
(Source: P.A. 91‑272, eff. 1‑1‑00; 92‑260, eff. 1‑1‑02.)
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(105 ILCS 5/10‑20.14a) (from Ch. 122, par. 10‑20.14a)
Sec. 10‑20.14a.
Meal breaks for noncertificated employees.
To provide
each noncertificated employee who works 7 1/2 continuous hours or longer
with at least 30 minutes duty free for a meal break beginning no later than
5 hours after the start of the work period.
(Source: P.A. 84‑1294.)
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(105 ILCS 5/10‑20.14b) (from Ch. 122, par. 10‑20.14b)
Sec. 10‑20.14b.
Medications policy.
To develop a policy for administration
of medications in
schools, to
furnish a copy of the policy to the parents or guardians of each pupil
within 15 days after the beginning of each
school year,
or within 15 days after starting classes for a pupil who transfers into the
district,
and
to require that each school informs its
pupils of the contents of its policy.
(Source: P.A. 90‑789, eff. 8‑14‑98.)
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(105 ILCS 5/10‑20.15) (from Ch. 122, par. 10‑20.15)
Sec. 10‑20.15.
Payment of teachers.
To pay no public money to any teacher unless the teacher at the time of
his employment held a certificate of qualification obtained under the
provisions of this Act, has kept and furnished schedules as required by
this Act, and has satisfactorily accounted for books, apparatus and other
property of the district that he may have taken in charge.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑20.15a) (from Ch. 122, par. 10‑20.15a)
Sec. 10‑20.15a.
Federal Social Security or Medicare withholdings.
To
the extent that federal law allows such coverage, school districts shall
make Social Security or Medicare withholdings, or both, for employees
subject to Articles 16 and 17 of the "Illinois Pension Code" only upon the
approval of a referendum under Section 21‑105 of that Act applicable to such employees.
(Source: P.A. 84‑1334.)
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(105 ILCS 5/10‑20.16) (from Ch. 122, par. 10‑20.16)
Sec. 10‑20.16.
Repair of fences.
To keep and maintain, in good repair, all division fences between school
grounds and adjoining lands.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑20.17) (from Ch. 122, par. 10‑20.17)
Sec. 10‑20.17.
Water supply.
To provide for the schools in their districts an adequate, clear,
palatable, and safe supply of water for drinking purposes and for general
school use in accordance with Sections 2 and 8.1 of the Department of
Public Health Act.
(Source: P.A. 87‑984.)
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(105 ILCS 5/10‑20.17a) (from Ch. 122, par. 10‑20.17a)
Sec. 10‑20.17a.
Hazardous materials training.
To enhance the safety
of pupils and staff by providing in‑service training programs on the safe
handling and use of hazardous or toxic materials for personnel in the district
who work with such materials on a regular basis. Such programs shall be
approved by the State Board of Education in consultation with the Illinois
Department of Public Health.
(Source: P.A. 84‑1294.)
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(105 ILCS 5/10‑20.18) (from Ch. 122, par. 10‑20.18)
Sec. 10‑20.18.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑20.19) (from Ch. 122, par. 10‑20.19)
Sec. 10‑20.19.
Payment of orders.
Subject to the provisions of Article
1B in the case of a school district receiving emergency State financial
assistance, the school board shall pay all orders in accordance with Section
10‑18 of this Act, except as herein provided:
(1) It shall be lawful for the school board to submit to the
treasurer a certified copy of those portions of the board minutes,
properly signed by the secretary and president, or a majority of the
board, showing all bills approved for payment by the board and clearly
showing to whom, and for what purpose each payment is to be made by the
treasurer, and to what budgetary item each payment shall be debited, and
such certified copy shall serve as full authority to the treasurer to
make the payments as thus approved; this shall not preclude the use of a
voucher system, or any other system of sound accounting and business
procedure, provided that such system reflects the facts, and that the
same is in accordance with the regulations prescribed by or approved by
the Superintendent of Public Instruction.
(2) It shall be lawful for the school board by resolution to
establish revolving funds for school cafeterias, lunch rooms, athletics,
petty cash or similar purposes, provided such funds are in the custody
of an employee who shall be bonded as provided in Article 8 of this Act
for bonding school treasurers and who shall be responsible to the board
and to the treasurer, subject to regular annual audit by licensed public
accountants and other such examinations as the school board shall deem
advisable and kept in accordance with regulations prescribed by the
Superintendent of Public Instruction. A monthly report and an annual
summary of all receipts and expenditures of the fund shall be submitted
to the school board and the treasurer. All funds advanced by the
treasurer to operate such revolving funds shall be carried on the
treasurer's books as cash obligations due to the district and all
receipts of such revolving funds shall be deposited daily in a bank or
savings and loan association to
be approved by the treasurer, unless there is no bank or savings
and loan association in the community,
in which event receipts shall be deposited intact not less than once
each week in the bank or savings and loan association approved by the
treasurer. All reimbursements to
any such revolving funds from the district funds shall be completely
itemized as to whom paid, for what purpose, and against what budgetary
item the expenditure is chargeable.
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.
(3) The school board shall establish rules and regulations governing
conditions under which school classes, clubs, and associations may
collect or acquire funds in the name of any school; and, under such
regulations as the Superintendent of Public Instruction may prescribe,
provide for the safeguarding of such funds for the educational,
recreational, or cultural purposes they are designed to serve.
(4) It shall be lawful for the clerk or secretary of the board to certify
to the school treasurer the amount of the obligation for Social Security
taxes as required by the Social Security Enabling Act showing the amount
and to whom payment is to be made and what budgetary item or items the payment
shall be debited from and such certification shall serve as full authority
to the treasurer to make such payment.
(Source: P.A. 86‑954.)
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(105 ILCS 5/10‑20.19a) (from Ch. 122, par. 10‑20.19a)
Sec. 10‑20.19a.
Kindergartens.
After July 1, 1970, to establish and
maintain kindergartens for the instruction of children in accordance with
rules and regulations prescribed by the State Board of Education. Such
kindergartens may provide for either a 1/2 day or a full day of attendance
for pupils enrolled therein.
(Source: P.A. 84‑18.)
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(105 ILCS 5/10‑20.19b) (from Ch. 122, par. 10‑20.19b)
Sec. 10‑20.19b.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty‑fourth General Assembly.
(Source: P.A. 84‑731.)
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(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, | ||
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(i) Recycled high grade printing and writing | ||
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(ii) Recycled tissue products, until July 1, | ||
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(iii) Recycled newsprint, until July 1, 1994, | ||
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(iv) Recycled unbleached packaging, until July | ||
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(v) Recycled paperboard, until July 1, 1994, | ||
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(2) For the purposes of this Section, "postconsumer | ||
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(i) paper, paperboard, and fibrous waste from | ||
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(ii) all paper, paperboard, and fibrous wastes | ||
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(3) For the purposes of this Section, "recovered | ||
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(i) postconsumer material;
(ii) dry paper and paperboard waste generated | ||
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(iii) finished paper and paperboard from | ||
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by any school board or
any public school or attendance center within a school district, or which
are sold in any school supply store operated by or within any such school
or attendance center, other than newspapers written, edited or produced
by students enrolled in the school district, public school or attendance
center.
(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 5/10‑20.20) (from Ch. 122, par. 10‑20.20)
Sec. 10‑20.20.
Protection from suit.)
To indemnify and protect school districts, members of school boards, employees,
volunteer personnel authorized in Sections 10‑22.34, 10‑22.34a and
10‑22.34b of this Code
and student teachers against civil rights damage claims and
suits, constitutional rights damage claims and suits and death and bodily
injury and property damage claims and suits, including defense thereof,
when damages are sought for negligent or wrongful acts alleged to have been
committed in the scope of employment or under the direction of the board.
Such indemnification and protection shall extend to persons who were
members of school boards, employees of school boards,
authorized volunteer personnel or student teachers at
the time of the incident from which a claim arises.
No agent may be afforded
indemnification or protection unless he was a member of a school board, an
employee of a board,
an authorized volunteer
or a student teacher at the time of the incident from
which the claim arises.
(Source: P.A. 79‑210.)
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(Source: P.A. 93‑25, eff. 6‑20‑03; 93‑1036, eff. 9‑14‑04.)
(Text of Section after amendment by P.A. 94‑714 )
Sec. 10‑20.21. Contracts.
(a)
To award all contracts for
purchase of supplies, materials or work or contracts with private carriers
for transportation of pupils involving an expenditure in excess of $10,000
to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability, after due
advertisement, except the following: (i) contracts for the services of
individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part; (ii)
contracts for the printing of finance committee reports and departmental
reports; (iii) contracts for the printing or engraving of bonds, tax
warrants and other evidences of indebtedness; (iv) contracts for the
purchase of perishable foods and perishable beverages; (v) contracts for
materials and work which have been awarded to the lowest responsible bidder
after due advertisement, but due to unforeseen revisions, not the fault of
the contractor for materials and work, must be revised causing expenditures
not in excess of 10% of the contract price; (vi)
contracts for the maintenance or servicing of, or provision of
repair parts for, equipment which are made with the manufacturer or
authorized service agent of that equipment where the provision of parts,
maintenance, or servicing can best be performed by the manufacturer or
authorized service agent; (vii) purchases and contracts for the use,
purchase, delivery, movement, or installation of data processing equipment,
software, or services and telecommunications and interconnect
equipment, software, and services; (viii) contracts for duplicating
machines and supplies; (ix) contracts for the purchase of natural gas when
the cost is less than that offered by a public utility; (x) purchases of
equipment previously owned by some entity other than the district
itself; (xi) contracts for repair, maintenance, remodeling, renovation, or
construction, or a single project involving an expenditure not to exceed
$20,000 and not involving a change or increase in the size, type, or extent
of an existing facility; (xii) contracts for goods or services procured
from another governmental agency; (xiii) contracts for goods or services
which are economically procurable from only one source, such as for the
purchase of magazines, books, periodicals, pamphlets and reports, and for
utility services such as water, light, heat, telephone or telegraph;
(xiv) where funds are expended in an emergency and such emergency
expenditure is approved by 3/4 of the members of the board; and (xv) State master contracts authorized under Article 28A of this Code. All competitive
bids for contracts involving an expenditure in excess of $10,000 must be
sealed by the bidder and must be opened by a member or employee of the
school board at a public bid opening at which the contents of the bids
must be announced. Each bidder must receive at least 3 days' notice of the
time and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one public notice
at least 10 days before the bid date in a newspaper published in the
district, or if no newspaper is published in the district, in a newspaper
of general circulation in the area of the district. State master contracts and certified education purchasing contracts, as defined in Article 28A of this Code, are not subject to the requirements of this paragraph.
(b) To require, as a condition of any contract for goods and services,
that persons
bidding for and awarded a contract and all affiliates of the person collect and
remit
Illinois Use Tax on all sales of tangible personal property into the State of
Illinois in
accordance with the provisions of the Illinois Use Tax Act regardless of whether
the
person or affiliate is a "retailer maintaining a place of business within this
State" as
defined in Section 2 of the Use Tax Act. For purposes of this Section, the term
"affiliate"
means any entity that (1) directly, indirectly, or constructively controls
another entity, (2)
is directly, indirectly, or constructively controlled by another entity, or (3)
is subject to
the control of a common entity. For purposes of this subsection (b), an entity
controls
another entity if it owns, directly or individually, more than 10% of the
voting
securities
of that entity. As used in this subsection (b), the term "voting security"
means a security
that (1) confers upon the holder the right to vote for the election of members
of the board
of directors or similar governing body of the business or (2) is convertible
into, or entitles
the holder to receive upon its exercise, a security that confers such a right
to
vote. A
general partnership interest is a voting security.
To require that bids and contracts include a certification by the bidder
or
contractor that the bidder or contractor is not barred from bidding for or
entering into a
contract under this Section and that the bidder or contractor acknowledges that
the school
board may declare the contract void if the certification completed pursuant to
this
subsection (b) is false.
(b‑5) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non‑monetary remuneration from each of the contracts or agreements. In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non‑monetary remuneration was distributed.
(c) If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract. (d) In purchasing supplies, materials, equipment, or | ||
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(Source: P.A. 93‑25, eff. 6‑20‑03; 93‑1036, eff. 9‑14‑04; 94‑714, eff. 7‑1‑06.)
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(105 ILCS 5/10‑20.21a)
(Text of Section from P.A. 93‑476)
Sec. 10‑20.21a.
Contracts for charter bus services.
To award
contracts for providing charter bus services for the sole purpose of
transporting students regularly enrolled in grade 12 or below to or
from interscholastic athletic or interscholastic or school sponsored
activities.
All contracts for providing charter bus services for the sole
purpose of transporting students regularly enrolled in grade 12 or
below to or from interscholastic athletic or interscholastic or school
sponsored activities must contain clause (A) as
set forth below, except that a contract with an out‑of‑state company may
contain
clause (B), as set forth below, or clause (A). The clause must be set
forth in the body of the
contract in typeface of at least 12 points and all upper case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO A STATE POLICE | ||
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL | ||
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(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO A STATE POLICE | ||
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL | ||
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(Source: P.A. 93‑476, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑644) Sec. 10‑20.21a. Contracts for charter bus services. To award
contracts for providing charter bus services for the sole purpose of
transporting students regularly enrolled in grade 12 or below to or
from interscholastic athletic or interscholastic or school sponsored
activities.
All contracts for providing charter bus services for the sole
purpose of transporting students regularly enrolled in grade 12 or
below to or from interscholastic athletic or interscholastic or school
sponsored activities must contain clause (A) as
set forth below, except that a contract with an out‑of‑state company may
contain
clause (B), as set forth below, or clause (A). The clause must be set
forth in the body of the
contract in typeface of at least 12 points and all upper case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF | ||
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL | ||
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(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF | ||
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL | ||
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(Source: P.A. 93‑644, eff. 6‑1‑04.)
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(105 ILCS 5/10‑20.24) (from Ch. 122, par. 10‑20.24)
Sec. 10‑20.24.
Part‑time Attendance.
To accept in part‑time attendance
in the regular education program of the district pupils enrolled in nonpublic
schools if there is sufficient space in the public school desired to be
attended. Request for attendance in the following school year must be
submitted by the nonpublic school principal to the public school before
May 1. Request may be made only to those public schools located in the
district where the child attending the nonpublic school resides.
To accept, pursuant to the provisions of Section 14‑6.01, in part‑time
attendance resident pupils of the types described in Sections 14‑1.02 through
14‑1.07 who are enrolled in nonpublic schools.
(Source: P.A. 80‑1509.)
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(105 ILCS 5/10‑20.25) (from Ch. 122, par. 10‑20.25)
Sec. 10‑20.25.
Minimal competency testing.
To prepare and submit such
reports related thereto as may be requested by the State Board of Education.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑20.25a) (from Ch. 122, par. 10‑20.25a)
Sec. 10‑20.25a.
Report of student statistics.
To report to the State
Board of Education the annual student dropout rate and number of students
who graduate from, transfer from or otherwise leave bilingual programs.
(Source: P.A. 84‑662.)
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(105 ILCS 5/10‑20.26) (from Ch. 122, par. 10‑20.26)
Sec. 10‑20.26.
Report of teacher dismissals.
To send an annual report,
on or before September 15, to the State Board of Education which discloses
the number of probationary teachers and the number of teachers in contractual
continued service who have been dismissed or removed as a result of the
board's decision to decrease the number of teachers employed or to discontinue
any type of teaching service. The report will also list the number in each
teacher category which were subsequently reemployed by the board.
(Source: P.A. 82‑980.)
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(105 ILCS 5/10‑20.27) (from Ch. 122, par. 10‑20.27)
Sec. 10‑20.27.
To file with the regional superintendent a list of all
unfilled teaching positions in the district by August 1 of each year, and
to report to the regional superintendent no less frequently than by the
first day of every month other than August, all teaching positions which, subsequent
to the filing of such list, become
vacant or are filled.
(Source: P.A. 83‑503.)
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(105 ILCS 5/10‑20.28) (from Ch. 122, par. 10‑20.28)
Sec. 10‑20.28.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of
all persons to the limits of their capacities is a fundamental goal of the
people of this State and that to achieve such goal it is essential to provide a
safe and secure learning environment within the public schools. While
recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The school board may establish appropriate rules and
disciplinary procedures governing the use or possession of cellular radio
telecommunication devices by a student while in a school or on school property,
during regular school hours, or at any other time.
(Source: P.A. 92‑793, eff. 8‑9‑02.)
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(105 ILCS 5/10‑20.29)
Sec. 10‑20.29.
Racial reports.
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.)
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(105 ILCS 5/10‑20.30)
Sec. 10‑20.30.
No pass‑no play policy.
Beginning with the 1998‑99 school
year, the school board of each school
district that maintains any of grades 9 through 12 shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
those grades who fails to maintain a specified minimum grade point average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school‑sponsored or
school‑supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. Each school board shall adopt a policy as required by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the school board shall file a report with the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the school board already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/10‑20.31)
Sec. 10‑20.31.
Occupational standards.
A school board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91‑175, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(105 ILCS 5/10‑20.33)
Sec. 10‑20.33.
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 5/10‑20.34)
Sec. 10‑20.34.
Medicaid‑eligible children; health care resources.
As authorized by federal law, a school district may access federally funded
health
care resources if the school district
provides early periodic screening and diagnostic testing services,
including screening and diagnostic services, health care and treatment,
preventive health care, or any other measure, to correct or improve
health impairments of Medicaid‑eligible children.
(Source: P.A. 91‑842, eff. 6‑22‑00.)
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(105 ILCS 5/10‑20.35)
(Text of Section from P.A. 92‑580)
Sec. 10‑20.35.
Medical information form for bus drivers and
emergency medical technicians. School districts are encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 92‑580, eff. 7‑1‑02.)
(Text of Section from P.A. 92‑663)
Sec. 10‑20.35.
Psychotropic or psychostimulant medication; disciplinary
action.
(a) In this Section:
"Psychostimulant medication" means medication that produces increased
levels of mental and physical energy and alertness and an elevated mood
by stimulating the central nervous system.
"Psychotropic medication" means psychotropic medication as
defined in Section 1‑121.1 of the Mental Health and Developmental
Disabilities Code.
(b) Each school
board
must adopt and implement a policy that prohibits any disciplinary action
that is based totally or in part on the refusal of a student's parent or
guardian to administer or consent to the administration of
psychotropic or psychostimulant medication to the student.
The policy must require that, at least once every 2 years, the in‑service
training of certified school personnel and administrators include training
on current best practices regarding the identification and treatment of
attention deficit disorder and attention deficit hyperactivity disorder, the
application of non‑aversive behavioral interventions in the school
environment, and the use of psychotropic or psychostimulant medication for
school‑age children.
(c) This Section does not prohibit school medical staff, an
individualized educational program team, or a professional worker (as defined
in Section 14‑1.10 of this Code)
from recommending that a
student be evaluated by an appropriate medical practitioner or prohibit
school personnel from consulting with the practitioner with the consent
of the student's parents or guardian.
(Source: P.A. 92‑663, eff. 1‑1‑03.)
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(105 ILCS 5/10‑20.37)
(Text of Section from P.A. 93‑472)
Sec. 10‑20.37.
Summer kindergarten.
A school board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education,
may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer
kindergarten program shall be the responsibility of the school district.
The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise
made available to the school district for that purpose by federal or
State appropriation.
(Source: P.A. 93‑472, eff. 8‑8‑03.)
(Text of Section from P.A. 93‑549)
Sec. 10‑20.37.
Provision of student information prohibited.
A 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 5/10‑20.39) Sec. 10‑20.39. Highly qualified teachers; No Child Left Behind Act funds. If a 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 if 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 5/10‑21) (from Ch. 122, par. 10‑21)
Sec. 10‑21.
Additional duties of board.
Boards of education in addition to the duties
enumerated above shall have the additional duties enumerated in Sections
10‑21.1 through 10‑21.11.
(Source: P.A. 86‑21; 86‑890; 86‑1028.)
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(105 ILCS 5/10‑21.1) (from Ch. 122, par. 10‑21.1)
Sec. 10‑21.1.
Employment of teachers.
To examine teachers by examinations supplemental to any other
examinations and to employ teachers and fix the amount of their salaries
subject to limitations set forth in this Act. Provided, that in fixing
salaries of certificated employees school boards shall make no
discrimination on account of sex; provided, further, that sabbatical
leaves, with full or partial salary, may be granted in accordance with the
rules of the board.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑21.2) (from Ch. 122, par. 10‑21.2)
Sec. 10‑21.2.
Schools of different grades.
To establish schools of different grades and to adopt regulations for
the admission of pupils into them; however, in any district having less
than 2,000 inhabitants no grades above the eighth shall be maintained
unless they were maintained during the school year ended June 30, 1949.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑21.3) (from Ch. 122, par. 10‑21.3)
Sec. 10‑21.3.
Attendance units.
To establish one or more attendance units within the district. As soon
as practicable, and from time to time thereafter, the board shall change or
revise existing units or create new units in a manner which will take into
consideration the prevention of segregation and the elimination of
separation of children in public schools because of color, race or
nationality. All records pertaining to the creation, alteration or revision
of attendance units shall be open to the public.
(Source: Laws 1963, p. 1107.)
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(105 ILCS 5/10‑21.3a)
Sec. 10‑21.3a. Transfer of students.
(a) Each school board shall establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
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:
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) Each school board shall establish and implement a policy governing the
transfer of students within a school district from a persistently dangerous
school to another public school in that district that is not deemed to be
persistently dangerous.
In order to be considered a persistently dangerous school, the
school must meet all of the following criteria for 2 consecutive years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one public school to
another public school in that district if the student is a victim of a violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school‑sponsored event.
(d) 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 5/10‑21.4) (from Ch. 122, par. 10‑21.4)
Sec. 10‑21.4.
Superintendent ‑ Duties.
Except in districts
in which there is only one school with less than four
teachers, to employ a superintendent who shall have charge
of the administration of the schools under the direction of
the board of education. In addition to the administrative
duties, the superintendent shall make recommendations to
the board concerning the budget, building plans, the
locations of sites, the selection, retention and dismissal of teachers
and all other employees, the selection of textbooks, instructional material
and courses of study.
However, in districts under a Financial Oversight Panel pursuant to
Section 1A‑8 for violating a financial plan, the duties and responsibilities of
the superintendent in relation to the financial and business operations of the
district shall be approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information request of the Panel,
the performance of those duties shall be subject to the direction of the
Panel.
The superintendent shall also notify the State Board
of Education, the board and the chief administrative official, other than
the alleged perpetrator himself, in the school where the alleged
perpetrator serves, that any person who is employed in a school or
otherwise comes into frequent contact with children
in the school has been named as a perpetrator in an indicated report filed
pursuant to the Abused and Neglected Child Reporting Act, approved June 26,
1975, as amended. The superintendent shall keep or cause to be kept the
records and accounts as directed and required by the board, aid in making
reports required by the board, and perform such other duties as the board
may delegate to him.
In addition, in January of each year, beginning in 1990, each
superintendent shall report to the regional superintendent of schools of
the educational service region in which the school district served by the
superintendent 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 provisions of this section shall also apply to
board of director districts.
Notice of intent not to renew
a contract must be given in writing stating the
specific reason therefor by April 1 of the contract
year unless the contract specifically provides otherwise.
Failure to do so will automatically extend the contract
for an additional year. Within 10 days after receipt of
notice of intent not to renew a contract, the superintendent
may request a closed session hearing on the dismissal. At the hearing the
superintendent has the privilege of presenting evidence, witnesses and
defenses on the grounds for dismissal.
The provisions of this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A‑8 for violating a financial
plan.
(Source: P.A. 89‑572, eff. 7‑30‑96.)
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(105 ILCS 5/10‑21.4a) (from Ch. 122, par. 10‑21.4a)
Sec. 10‑21.4a.
Principals ‑ Duties.
To employ principals who hold
valid supervisory or administrative certificates who shall supervise the
operation of attendance centers as the board shall determine necessary.
In an attendance center having fewer than 4 teachers, a head teacher who
does not qualify as a principal may be assigned in the place of a principal.
The principal shall assume administrative responsibilities and
instructional leadership, under the supervision of the superintendent,
and in accordance with reasonable rules and regulations of the board,
for the planning, operation and evaluation of the educational program of
the attendance area to which he or she is assigned.
However, in districts under a Financial Oversight Panel pursuant to
Section 1A‑8 for violating a financial plan, the duties and responsibilities of
principals in relation to the financial and business operations of the
district shall be approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information request of the Panel,
the performance of those duties shall be subject to the direction of the
Panel.
School boards shall specify in their formal job description for
principals that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
Unless residency within a school district is made an express condition of a
person's employment or continued employment as a principal of that school
district at the time of the person's initial employment as a principal of that
district, residency within that school district may not at any time thereafter
be made a condition of that person's employment or continued employment as a
principal of the district, without regard to whether the person's initial
employment as a principal of the district began before or begins on or after
the effective date of this amendatory Act of 1996 and without regard to whether
that person's residency within or outside of the district began or was changed
before or begins or changes on or after that effective date. In no event shall
residency within a school district be considered in determining the
compensation of a principal or the assignment or transfer of a principal to an
attendance center of the district.
School boards shall ensure that their 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.
The principal shall submit recommendations to the superintendent
concerning the appointment, retention, promotion and assignment of all
personnel assigned to the attendance center.
If a principal is absent due to extended illness or leave of absence, an
assistant principal may be assigned as acting principal for a period not
to exceed 60 school days.
(Source: P.A. 89‑572, eff. 7‑30‑96; 89‑622, eff. 8‑9‑96; 90‑14, eff.
7‑1‑97.)
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(105 ILCS 5/10‑21.5) (from Ch. 122, par. 10‑21.5)
Sec. 10‑21.5.
Establishment of high schools.
The board of education of
any community high school district, township high school district,
consolidated high school district, or community unit district
heretofore created shall within 4 years from the date of such creation
establish within the district one or more high schools with a program of
studies extending through the ninth to twelfth years, inclusive, and in
such districts created hereafter the board of education shall within four
years following the creation of the district establish such high schools.
Notwithstanding any other provision of this Act, any unit district that
has a majority of its territory in the same county as a special charter
district that, as authorized by Section 12‑24, accepts tuition students in
grades 9‑12 from a neighboring unit district that does not maintain a high
school may, by agreement between the school board of the unit district and
the school board of the charter district, send its students in grades 9‑12
to the charter district upon payment of such tuition and other terms as may
be agreed by the boards.
Except as otherwise provided in Section 5‑32, if the board of
education fails to establish a high school as required by this section the
district shall become automatically dissolved and the property and
territory of such district shall be disposed of in the manner provided in
this Act, provided that no community high school district shall be
dissolved under this Act where an election has been held, a site selected,
and bonds to construct a high school building have been sold prior to September
1, 1955.
(Source: P.A. 87‑1022.)
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(105 ILCS 5/10‑21.6) (from Ch. 122, par. 10‑21.6)
Sec. 10‑21.6.
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. 83‑795.)
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(105 ILCS 5/10‑21.7) (from Ch. 122, par. 10‑21.7)
Sec. 10‑21.7.
Attacks on school personnel.
(a) In the Section, "school" means any public or private elementary or
secondary school.
(b) Upon receipt of a
written complaint from any school personnel, the superintendent, or other
appropriate administrative officer for a private school, shall
report all incidents of battery committed against teachers, teacher
personnel, administrative personnel or educational support
personnel to the local law enforcement
authorities immediately after the occurrence of
the attack
and to the Department of State Police's Illinois
Uniform Crime Reporting Program no later than 3 days after the
occurrence of the attack. The State Board of Education shall receive monthly
as well as annual statistical compilations of attacks on school personnel
from the Department of State Police through the
Illinois Uniform Crime Reporting Program.
The State Board of Education shall compile this information by school
district and make it available to the public.
(Source: P.A. 91‑491, eff. 8‑13‑99.)
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(105 ILCS 5/10‑21.8) (from Ch. 122, par. 10‑21.8)
Sec. 10‑21.8.
Correspondence and Reports.
In the absence of any
court order to the contrary to require that, upon the
request of either parent of a pupil whose parents are divorced, copies of
the following: reports or records which reflect the pupil's academic
progress, reports of the pupil's emotional and physical health, notices of
school‑initiated parent‑teacher conference, notices of major
school‑sponsored events, such as open houses, which involve pupil‑parent
interaction, and copies of the school calendar regarding the child which
are furnished by the school district to one parent be furnished by mail to
the other parent. Notwithstanding the foregoing provisions of this
Section a school board shall not, under the authority of this Section, refuse
to mail copies of reports, records, notices or other documents regarding a
pupil to a parent of the pupil as provided by this Section, unless the
school board first has been furnished with a certified copy of the court
order prohibiting the release of such reports, records, notices or other
documents to that parent. No such reports or records with respect to a
pupil shall be provided to a parent who has been prohibited by an order of
protection from inspecting or obtaining school records of that pupil
pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
(Source: P.A. 86‑966.)
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(105 ILCS 5/10‑21.10) (from Ch. 122, par. 10‑21.10)
Sec. 10‑21.10.
Electronic paging devices on school property.
(a) The
General Assembly finds and declares that the educational development of all
persons to the limits of their capacities is a fundamental goal of the
people of this State, that to achieve such goal it is essential to provide
a safe and secure learning environment within the public schools, and that
the unrestricted and unregulated use by students of pocket pagers and
similar electronic paging devices on school grounds or in school buildings
which are owned, occupied or leased by a school board for school
purposes and activities adversely affects the educational environment,
welfare and safety of students enrolled in the public schools, in that
pocket pagers and similar electronic paging devices are being regularly
used for the conduct of unlawful activities during school hours and on
school property, including activities directly related to the unlawful
possession, sale, delivery or other trafficking in drugs or other
substances which constitute a "controlled substance" as that term is
defined in the Illinois Controlled Substances Act.
It is the purpose and intention of the General Assembly, in enacting this
legislation, to reduce or eliminate the occurrence of such unlawful
activities during school hours and on school property by restricting and
regulating student use or possession of pocket pagers and similar
electronic paging devices as provided in this Section, and by providing for
the imposition of appropriate discipline and sanctions for any violation
of the provisions of this Section.
(b) No student shall use or have in his or her possession any pocket
pager or similar electronic paging device while in any school building or
on any school property, during regular school hours or at any other time,
unless the use or possession of such device by such student has first been
expressly authorized by the school board acting in accordance with
standards developed as provided in subsection (c) for the granting of
approved exceptions to the general prohibition of this Section against such
use or possession.
(c) The school board shall develop and promulgate
written standards under which the board:
(1) may authorize the use or possession of a pocket pager or similar
electronic paging device by a student while in a school building or on
school property as an approved exception to the general prohibition of this
Section against such use or possession; and
(2) may impose appropriate discipline or other sanctions against any
student who violates any provision of this Section.
(Source: P.A. 86‑791.)
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(105 ILCS 5/10‑21.11) (from Ch. 122, par. 10‑21.11)
Sec. 10‑21.11.
Infectious disease policies and rules.
To
develop policies and adopt rules relating to the appropriate manner of
managing children with chronic infectious diseases, not inconsistent with
guidelines published by the State Board of Education and the Illinois
Department of Public Health. Such policies and rules must include
evaluation of students with a chronic infectious disease on an individual
case‑by‑case basis, and may include different provisions for different age
groups, classes of instruction, types of educational institution,
and other reasonable classifications,
as the school board may find appropriate.
This requirement applies to all school districts and public schools of
this State, including special charter districts, Department of Corrections
school districts, laboratory schools operated by the governing board of a
public university, and alternative schools operated by a regional
superintendent of schools.
(Source: P.A. 86‑890; 86‑1028.)
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(105 ILCS 5/10‑22) (from Ch. 122, par. 10‑22)
Sec. 10‑22.
(Repealed).
(Source: P. A. 76‑2268. Repealed by P.A. 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑22.1) (from Ch. 122, par. 10‑22.1)
Sec. 10‑22.1.
Book for records.
To purchase a suitable book for their records.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.2) (from Ch. 122, par. 10‑22.2)
Sec. 10‑22.2.
Compensation of clerk or secretary.
To allow the clerk or secretary a reasonable compensation for services,
payable out of money not otherwise appropriated.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.3) (from Ch. 122, par. 10‑22.3)
Sec. 10‑22.3.
Liability insurance for school board members, school board employees and
student teachers.
To insure against any loss or liability of the school district, members
of school boards, employees,
volunteer personnel authorized in Sections 10‑22.34, 10‑22.34a and 10‑22.34b
of this Code
and student teachers by reason of civil rights
damage claims and suits, constitutional rights damage claims and suits and
death and bodily injury and property damage claims and suits, including
defense thereof, when damages are sought for negligent or wrongful acts
allegedly committed during the scope of employment or under the direction
of the school board. Such insurance shall be carried in a company licensed
to write such coverage in this State.
(Source: P.A. 79‑210.)
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(105 ILCS 5/10‑22.3b) (from Ch. 122, par. 10‑22.3b)
Sec. 10‑22.3b.
Health insurance for retired teachers.
To make health
insurance premium payments to the Teachers' Retirement System of the State
of Illinois for those costs of participating in the health benefit program
established under Article 16 of the Illinois Pension Code that are not paid
by the System under Section 16‑153.4 of the Illinois Pension Code and for the
cost of premiums charged for participation in the health benefit program
established under Section 6.5 of the State Employees Group Insurance Act of
1971, for eligible participants who retired from the school district.
(Source: P.A. 89‑25, eff. 6‑21‑95.)
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(105 ILCS 5/10‑22.3c) (from Ch. 122, par. 10‑22.3c)
Sec. 10‑22.3c.
Orders of protection.
To prohibit the
disclosure by any school employee to any person against whom
the school district has received a certified copy of an order
of protection the location or address of the petitioner for the
order of protection or the identity of the schools in the district
in which the petitioner's child or children are enrolled. The
school district shall maintain the copy of the order of protection
in the records of the child or children enrolled in the district
whose parent is the petitioner of an order of protection.
(Source: P.A. 87‑437.)
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(105 ILCS 5/10‑22.3d)
Sec. 10‑22.3d.
Woman's health care provider.
Insurance protection and
benefits for employees are subject to the provisions of Section 356r of the
Illinois Insurance Code.
(Source: P.A. 89‑514, eff. 7‑17‑96; 90‑14, eff. 7‑1‑97.)
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(105 ILCS 5/10‑22.3e)
Sec. 10‑22.3e.
Post‑parturition care.
Insurance
protection and benefits for employees shall provide the post‑parturition care
benefits required to be covered by a policy of accident and health insurance
under Section 356s of the Illinois Insurance Code.
(Source: P.A. 89‑513, eff. 9‑15‑96; 90‑14, eff. 7‑1‑97.)
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(105 ILCS 5/10‑22.3f)
Sec. 10‑22.3f. Required health benefits. Insurance protection and
benefits
for employees shall provide the post‑mastectomy care benefits required to be
covered by a policy of accident and health insurance under Section 356t and the
coverage required under Sections 356u, 356w, 356x and 356z.6 of
the
Illinois Insurance Code.
(Source: P.A. 93‑853, eff. 1‑1‑05.)
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(105 ILCS 5/10‑22.4) (from Ch. 122, par. 10‑22.4)
Sec. 10‑22.4.
Dismissal of teachers.
To dismiss a teacher for incompetency, cruelty, negligence, immorality
or other sufficient cause, to dismiss any teacher who fails
to complete a 1‑year remediation plan with a "satisfactory" or
better rating and to dismiss any teacher whenever, in its
opinion, he is not qualified to teach, or whenever, in its opinion, the
interests of the schools require it, subject, however, to the provisions of
Sections 24‑10 to 24‑15, inclusive. Temporary mental or physical
incapacity to perform teaching duties, as found by a medical
examination, is not a cause for dismissal.
Marriage is not a cause of removal.
(Source: P.A. 85‑248.)
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(105 ILCS 5/10‑22.4a) (from Ch. 122, par. 10‑22.4a)
Sec. 10‑22.4a.
Arbitration of disputes.
The school board may enter
into agreements with employees or representatives of employees to resolve
disputes and grievances by binding arbitration before disinterested third parties.
(Source: P.A. 82‑107.)
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(105 ILCS 5/10‑22.5) (from Ch. 122, par. 10‑22.5)
Sec. 10‑22.5.
Assignment of pupils to schools ‑ Non‑resident
pupils ‑ Tuition ‑ Race discrimination.
To assign pupils to the several schools in the district; to admit
non‑resident pupils when it can be done without prejudice to the rights
of resident pupils and provide them with any services of the school
including transportation; to fix the rates of tuition in accordance with
Section 10‑20.12a, and to collect and pay the same to the treasurer
for the use of the district; but no pupil shall be excluded from or
segregated in any such school on account of his color, race, sex, or
nationality. Nothing herein shall be construed to permit or empower the
State Board of Education to
order, mandate or require
busing or other transportation of pupils for the purpose of achieving
racial balance in any school.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑22.5a) (from Ch. 122, par. 10‑22.5a)
Sec. 10‑22.5a. Attendance by dependents of United States military personnel, foreign exchange students, and certain
nonresident pupils.
(a) To enter into written agreements with cultural exchange organizations,
or with nationally recognized eleemosynary institutions that promote excellence
in the arts, mathematics, or science. The written agreements may provide
for tuition free attendance at the local district school by foreign exchange
students, or by nonresident pupils of eleemosynary institutions. The local
board of education, as part of the agreement, may require that the cultural
exchange program or the eleemosynary institutions provide services to the
district in exchange for the waiver of nonresident tuition.
To enter into written agreements with adjacent school districts to provide
for tuition free attendance by a student of the adjacent district when
requested for the student's health and safety by the student or parent and both
districts determine that the student's health or safety will be served by such
attendance. Districts shall not be required to enter into such agreements nor
be
required to alter existing transportation services due to the attendance of
such non‑resident pupils.
(a‑5) If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of a school district, but will be living within the district within 60 days after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this subsection (a‑5), and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this subsection (a‑5) shall provide proof that the dependent will be living within the district within 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.
(b) Nonresident pupils and foreign exchange students attending school on a
tuition free basis under such agreements and nonresident dependents of United States military personnel attending school on a tuition free basis may be counted for the purposes
of determining the apportionment of State aid provided under Section 18‑8.05
of this Code, provided
that any cultural exchange organization or eleemosynary
institutions
wishing to participate in an agreement authorized under this Section must
be approved in writing by the State Board of Education. The State Board
of Education may establish reasonable rules to determine the eligibility
of cultural exchange organizations or eleemosynary institutions wishing
to participate in agreements authorized under this Section. No organization
or institution participating in agreements authorized under this Section
may exclude any individual for participation in its program on account
of the person's race, color, sex, religion or nationality.
(Source: P.A. 93‑740, eff. 7‑15‑04.)
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(105 ILCS 5/10‑22.6) (from Ch. 122, par. 10‑22.6)
Sec. 10‑22.6.
Suspension or expulsion of pupils; school searches.
(a) To expel pupils guilty of gross disobedience or misconduct, and
no action shall lie against them for such expulsion. Expulsion shall
take place only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by it, to
discuss their child's behavior. Such request shall be made by registered
or certified mail and shall state the time, place and purpose of the
meeting. The board, or a hearing officer appointed by it, at such
meeting shall state the reasons for dismissal and the date on which the
expulsion is to become effective. If a hearing officer is appointed by
the board he shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon as it
finds appropriate.
(b) To suspend or by regulation to authorize the superintendent of
the district or the principal, assistant principal, or dean of students
of any school to suspend pupils guilty of gross disobedience or misconduct, or
to suspend pupils guilty of gross disobedience or misconduct on the school bus
from riding the school bus, and no action
shall lie against them for such suspension. The board may by regulation
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of 10
school
days for safety reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement of the
reasons for such suspension and a notice of their right to a review, a
copy of which shall be given to the school board. Upon request of the
parents or guardian the school board or a hearing officer appointed by
it shall review such action of the superintendent or principal, assistant
principal, or dean of students. At such
review the parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing officer
is appointed by the board he shall report to the board a written summary
of the evidence heard at the meeting. After its hearing or upon receipt
of the written report of its hearing officer, the board may take such
action as it finds appropriate.
(c) The Department of Human Services
shall be invited to send a representative to consult with the board at
such meeting whenever there is evidence that mental illness may be the
cause for expulsion or suspension.
(d) The board may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case by case basis.
A student who
is determined to have brought a weapon to school, any school‑sponsored activity
or event, or
any activity or event which bears a reasonable relationship to school shall
be expelled for a period of not less than
one year, except that the expulsion period may be modified by the
superintendent, and the superintendent's determination may be modified by
the board
on a case by case basis. For the purpose of this Section, the term "weapon"
means (1)
possession,
use, control, or transfer of any gun, rifle, shotgun, weapon as
defined by Section 921 of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm Owners Identification Act, or use of
a weapon as defined in Section 24‑1 of the Criminal Code, (2) any other
object if used or attempted to be used to cause bodily harm, including but not
limited to, knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of any weapon as defined in this
Section. Expulsion
or suspension
shall be construed in a
manner consistent with the Federal Individuals with Disabilities Education
Act. A student who is subject to suspension or expulsion as provided in this
Section may be eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The provisions of this
subsection (d) apply in all school districts,
including special charter districts and districts organized under Article 34.
(e) To maintain order and security in the schools, school authorities may
inspect and search places and areas such as lockers, desks, parking lots, and
other school property and equipment owned or controlled by the school, as well
as personal effects left in those places and areas by students, without notice
to or the consent of the student, and without a search warrant. As a matter of
public policy, the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request the assistance
of law enforcement officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school for illegal drugs, weapons, or
other
illegal or dangerous substances or materials, including searches conducted
through the use of specially trained dogs. If a search conducted in accordance
with this Section produces evidence that the student has violated or is
violating either the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and disciplinary action may
be taken. School authorities may also turn over such evidence to law
enforcement authorities. The provisions of this subsection (e) apply in all
school districts, including special charter districts and districts organized
under Article 34.
(f) Suspension or expulsion may include suspension or expulsion from
school and all school activities and a prohibition from being present on school
grounds.
(g) A school district may adopt a policy providing that if a student
is suspended or expelled for any reason from any public or private school
in this or any other state, the student must complete the entire term of
the suspension or expulsion before being admitted into the school
district. This policy may allow placement of the student in an alternative
school program established under Article 13A of this Code, if available, for
the
remainder of the suspension or expulsion. This subsection (g) applies to
all school districts, including special charter districts and districts
organized under Article 34 of this Code.
(Source: P.A. 92‑64, eff. 7‑12‑01.)
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(105 ILCS 5/10‑22.6a) (from Ch. 122, par. 10‑22.6a)
Sec. 10‑22.6a.
To provide by home instruction, correspondence courses or
otherwise courses of instruction for pupils who are unable to attend school
because of pregnancy. Such instruction shall be provided to the pupil
(1) before the birth of the child when the pupil's physician has
indicated to the district, in writing, that the pupil is medically unable
to attend regular classroom instruction and (2) for up to 3 months
following the birth of the child or a miscarriage.
The instruction course shall be designed to offer educational experiences
that are equivalent to those given to pupils at the same grade level in
the district and that are designed to enable the pupil to return to the classroom.
(Source: P.A. 84‑1430.)
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(105 ILCS 5/10‑22.6b) (from Ch. 122, par. 10‑22.6b)
Sec. 10‑22.6b.
Non‑disclosure of information.
Except as otherwise
provided in the "Abused and Neglected Child Reporting Act" or other
applicable State or federal law, to permit school
officials to withhold, from any person, information
on the whereabouts of any child removed
from school premises when the child has been taken into protective custody as a victim
of suspected child abuse. School officials shall direct
such person to the Department of Children and Family Services, or to
the local law enforcement agency if appropriate.
(Source: P.A. 85‑238.)
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(105 ILCS 5/10‑22.7) (from Ch. 122, par. 10‑22.7)
Sec. 10‑22.7.
Repairs and improvements.
To repair and improve schoolhouses
and furnish them with the necessary fixtures, furniture, apparatus, libraries,
and fuel, to receive and review the reports of architects and professional
engineers licensed in the State of Illinois prescribed in Section 2‑3.12, to
set priorities for the recommendations set forth in the report, and to ensure
that those facilities used for student occupancy under their control will
remain in compliance with the building code authorized in Section 2‑3.12.
(Source: P.A. 87‑984.)
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(105 ILCS 5/10‑22.8) (from Ch. 122, par. 10‑22.8)
Sec. 10‑22.8.
Sale of personal property.
To sell at public or private sale any personal property belonging to the
school district, and either not needed for school purposes or available
through an arrangement under which such personal property may be leased by the
district from the purchaser.
(Source: P.A. 90‑789, eff. 8‑14‑98.)
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(105 ILCS 5/10‑22.9) (from Ch. 122, par. 10‑22.9)
Sec. 10‑22.9.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑22.10) (from Ch. 122, par. 10‑22.10)
Sec. 10‑22.10.
Control and supervision of school houses and school grounds.
To have the control and supervision of all public schoolhouses in their
district, and to grant the temporary use of them, when not occupied by
schools, for religious meetings and Sunday schools, for evening schools and
literary societies, and for such other meetings as the board deems proper;
to grant the use of assembly halls and class rooms when not otherwise
needed, including light, heat and attendants, for public lectures,
concerts, and other educational and social interests, under such provisions
and control as they may see fit to impose; to grant the use of school
grounds under such provisions and control as they may see fit to impose and
to conduct, or provide for the conducting of recreational, social and civic
activities in the school buildings or on the school grounds or both.
(Source: Laws 1967, p. 264.)
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(105 ILCS 5/10‑22.10a) (from Ch. 122, par. 10‑22.10a)
Sec. 10‑22.10a.
Inspection for drugs.
School boards are empowered to
adopt a policy to authorize school officials to request the assistance of
law enforcement officials for the purpose of conducting reasonable searches
of school grounds and lockers for illegal drugs, including searches
conducted through the use of specially trained dogs.
(Source: P.A. 86‑850.)
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(105 ILCS 5/10‑22.11) (from Ch. 122, par. 10‑22.11)
Sec. 10‑22.11.
Lease of school property.
(a) To lease school
property to another school district, municipality or body politic and
corporate for a term of not to exceed 25 years, except as otherwise
provided in this Section, and upon such terms and conditions as may be
agreed if in the opinion of the school board use of such property will
not be needed by the district during the term of such lease; provided,
the school board shall not make or renew any lease for a term longer
than 10 years, nor alter the terms of any lease whose unexpired term may
exceed 10 years without the vote of 2/3 of the full membership of the board.
(b) Whenever the school board considers such action advisable and in
the best interests of the school district, to lease vacant school
property for a period not exceeding 51 years to a private not for profit
school organization for use in the care of the trainable and educable
mentally disabled persons in the district or in the
education of the
gifted children in the district. Before leasing such property to a
private not for profit school organization, the school board must adopt
a resolution for the leasing of such property, fixing the period and
price therefor, and order submitted to referendum at an election to be held
in the district as provided in the general election law, the question of
whether the lease should be entered into. Thereupon, the secretary
shall certify to the proper election authorities the proposition for
submission in accordance with the general election law. If the majority
of the voters voting upon the proposition vote in favor of the leasing,
the school board may proceed with the leasing. The proposition shall be
in substantially the following form:
Shall School District No. ..... of ..... County, Illinois lease to YES ..... (here name and identify the lessee) the following described vacant
school property (here describe the property) for a term of ..... years NO for the sum of ..... Dollars?
This paragraph (b) shall not be construed in such a manner as to
relieve the responsibility of the Board of Education as set out in
Article 14 of the School Code.
(c) To lease school buildings and land to suitable lessees for educational
purposes or for any other purpose which serves the interests of the
community, for a term not to exceed 25 years and upon such terms and
conditions as may be agreed upon by the parties, when such buildings and land are
declared by the board to be unnecessary or unsuitable or
inconvenient for a school or the uses of the district during the term of
the lease and when, in the opinion of the board, the best interests of
the residents of the school district will be enhanced by entering into
such a lease. Such leases shall include provisions for adequate
insurance for both liability and property damage or loss, and
reasonable charges for maintenance and depreciation of such buildings and
land.
(Source: P.A. 89‑397, eff. 8‑20‑95 .)
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(105 ILCS 5/10‑22.12) (from Ch. 122, par. 10‑22.12)
Sec. 10‑22.12.
Lease of property for school purposes.
To
lease, for a period not exceeding 99 years, any building, rooms,
grounds and appurtenances to be used by the district for the use
of schools or for school administration purposes; and to pay for
the use of such leased property in accordance with the terms of
the lease. The board shall not make or renew any lease for a
term longer than 10 years, nor alter the terms of any lease
whose unexpired term may exceed 10 years without the vote of
2/3 of the full membership of the board.
(Source: P.A. 80‑1044.)
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(105 ILCS 5/10‑22.13) (from Ch. 122, par. 10‑22.13)
Sec. 10‑22.13.
Necessity, suitability or convenience of site or building.
To decide when a site or building has become unnecessary, unsuitable or
inconvenient for a school.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.13a)
Sec. 10‑22.13a.
Zoning changes, variations, and special uses for school
district property. To seek zoning changes, variations, or special uses for
property held or controlled by the school district.
(Source: P.A. 90‑566, eff. 1‑2‑98.)
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(105 ILCS 5/10‑22.14) (from Ch. 122, par. 10‑22.14)
Sec. 10‑22.14.
Borrowing money and issuing bonds.
To borrow money, and issue
bonds for the purposes and in the manner provided by this Act.
When bond proceeds from the sale of bonds include a premium, or when
the proceeds of bonds issued for fire prevention, safety, energy conservation,
and school security purposes as specified in Section 17‑2.11 are invested as
authorized by law, the board shall determine by resolution whether the interest
earned on the investment of bond proceeds authorized under Section 17‑2.11 or
the premium realized in the sale of bonds, as the case may be, is to be used
for the purposes for which the bonds were issued or, instead, for payment of
the principal indebtedness and interest on those bonds.
When bonds, other than bonds issued for fire prevention, safety, energy
conservation, and school security purposes as specified in Section 17‑2.11
are issued by any school district, and the purposes for which the bonds have
been issued are accomplished and paid for in full, and there remain funds on
hand from the proceeds of the bonds so issued, the board by resolution may
transfer those excess funds to the operations and maintenance fund.
When bonds are issued by any school district for fire prevention,
safety, energy conservation, and school security purposes as specified in
Section 17‑2.11, and the purposes for which the bonds have been
issued are accomplished and paid in full, and there remain funds on hand
from the proceeds of the bonds issued, the board by resolution shall use
those excess funds (1) for other authorized fire prevention, safety, energy
conservation, and school security purposes as specified in Section 17‑2.11
or (2) for transfer to the Bond and Interest Fund for payment of principal
and interest on those bonds. If any transfer is made to the Bond and
Interest Fund, the secretary of the school board shall within 30 days
notify the county clerk of the amount of that transfer and direct the clerk
to abate the taxes to be extended for the purposes of principal and
interest payments on the respective bonds issued under Section 17‑2.11
by an amount equal to such transfer.
(Source: P.A. 86‑970; 87‑984.)
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(105 ILCS 5/10‑22.15) (from Ch. 122, par. 10‑22.15)
Sec. 10‑22.15.
Flag and flag staff.
To furnish each school with a flag and a staff as provided by law.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.16) (from Ch. 122, par. 10‑22.16)
Sec. 10‑22.16.
Classes for crippled children.
To establish classes of one or more pupils for the instruction of
crippled children as provided in Section 14‑1.02 of this Act.
(Source: P.A. 83‑1362.)
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(105 ILCS 5/10‑22.17) (from Ch. 122, par. 10‑22.17)
Sec. 10‑22.17.
Classes for deaf children.
To establish classes for the instruction of deaf children over the age
of three and under twenty‑one years; provided, that no person shall be
employed to teach the deaf who has not received instruction in the methods
of teaching the deaf for a term of not less than one year.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.18) (from Ch. 122, par. 10‑22.18)
Sec. 10‑22.18.
Kindergartens.
To establish kindergartens for the
instruction of children between the
ages of 4 and 6 years, if in their judgment the public interest requires
it, and to pay the necessary expenses thereof out of the school funds of
the district. Upon petition of at
least 50 parents or guardians of children
between the ages of 4 and 6, residing within any school district and within
one mile of the public school where such kindergarten is proposed to be
established, the board of directors shall, if funds are available,
establish a kindergarten in connection with the public school designated in
the petition and maintain it as long as the annual average daily attendance
therein is not less than 15. The board may establish a kindergarten with
half‑day attendance or with full‑day attendance. If the board establishes
full‑day kindergarten, it shall also establish half‑day kindergarten.
No one shall be employed to teach in a kindergarten who does not hold a
certificate as provided by law.
(Source: P.A. 84‑1308.)
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(105 ILCS 5/10‑22.18a) (from Ch. 122, par. 10‑22.18a)
Sec. 10‑22.18a.
Child care and training centers ‑ Charges ‑ Public aid
payments for certain children).
To establish Child Care and Training Centers for children under the age
of compulsory school attendance for the purpose of providing them (1) social
and educational guidance and developmental aids supplemental to parental
care and training designed to assist them in attaining their greatest potential
during their school years and adult life and (2) care and services, in addition
to the services specified in (1), required because of the absence from home
for all or part of the day of their parents or other persons in charge of
their care as a result of employment or other reason. The board may also
make the facilities of the Centers available before and after as well as
during regular school hours to school age and preschool age children who
may benefit thereby, including children who require care and supervision
pending the return of their parents or other persons in
charge of their care from employment or other activity requiring absence from
the home.
In establishing standards for the Centers, the board shall take into account
standards established by the Department of Children and Family Services
for like facilities. The board shall pay the necessary expenses out of school
funds of the district, subject to State payment for certain children as
hereinafter provided, and may charge for care and training of children for
whom the State does not assume responsibility. The charge shall not exceed
the per capita cost of the Center and, to the extent feasible, shall be
fixed at a level which will permit utilization of the Center by employed
parents of low or moderate income.
The Department of Human Services shall pay
to the district the cost
of care and training provided in the Centers for any child who is a recipient
of financial aid under "The Illinois Public Aid Code", approved April 11,
1967, as amended. The Department shall submit to the board written
notice designating each child for whom it assumes the cost of care and
training.
The board shall submit claims for payment at the end of each monthly period.
If satisfied of their correctness, the Department shall approve the claims
and provide for their payment out of funds appropriated to it for such purposes
and from Federal funds available therefor.
The board may permit any other State or local governmental agency or private
agency providing care for children to purchase care and training in the
Centers for children under their charge.
After July 1, 1970 when the provisions of Section 10‑20.20 become operative
in the district, children in a Child Care and Training Center shall be
transferred
to the kindergarten established under that Section for such portion of the
day as may be required for the kindergarten program, and only the pro‑rated
costs of care and training provided in the Center for the remaining period
shall be charged to the Illinois Department or other persons or agencies
paying for such care.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(105 ILCS 5/10‑22.18b) (from Ch. 122, par. 10‑22.18b)
Sec. 10‑22.18b.
Before and after school programs.
To develop and maintain
before school and after school programs for students in kindergarten through
the 6th grade. Such programs may include time for homework, physical exercise,
afternoon nutritional snacks and educational offerings which are
in addition to those offered during the regular school day. The chief administrator
in each district shall be a certified teacher or a person who meets the
requirements for supervising a day care center under the Child Care Act
of 1969. Individual programs shall be coordinated by certified teachers
or by persons who meet the requirements for supervising a day care center
under the Child Care Act of 1969. Additional employees who are not so qualified
may also be employed for such programs.
The schedule of these programs may follow the work calendar of the local
community rather than the regular school calendar. Parents or guardians
of the participating
students shall be responsible for providing transportation for the students
to and from the programs. The school board may charge parents of participating
students a fee, not to exceed the actual cost of such before and after school
programs.
(Source: P.A. 83‑639.)
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(105 ILCS 5/10‑22.18c) (from Ch. 122, par. 10‑22.18c)
Sec. 10‑22.18c.
Model day care services program.
Local school districts
may establish, in cooperation with the State Board of Education, a model
program for the provision of day care services in a school. The program
shall be administered by the local school district and shall be funded
from monies available from private and public sources. Student parents
shall not be charged a fee for the day care services; school personnel also
may utilize the services, but shall be charged a fee. The program shall be
supervised by a trained child care professional who is qualified to teach
students parenting skills. As part of the program, the school shall offer
a course in child behavior in which students shall receive course credits
for helping to care for the children in the program while learning
parenting skills. The State Board of Education shall evaluate the programs'
effectiveness in reducing school absenteeism and dropouts among teenage
parents and shall report to the General Assembly concerning its findings
after the program has been in operation for 2 years.
(Source: P.A. 85‑769.)
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(105 ILCS 5/10‑22.18d) (from Ch. 122, par. 10‑22.18d)
Sec. 10‑22.18d.
Parental institutes.
A school district may utilize up
to two days allowed by law for teachers' institutes to conduct parental
institutes for the parents and guardians of children attending the
district. No district may utilize teachers' institute days as parental
institute days without the consent of the district's inservice advisory
committee created under Section 3‑11. If a district does not have an
inservice advisory committee, parental institute days must be approved by
the district's teaching staff.
Parental institutes shall be designed by the school district upon
consultation with the district's teaching staff, administrators, and
parents' organizations. The district may provide appropriate personnel,
including district staff, to conduct, attend, or participate in all or any
portion of the institutes.
Parental institutes shall provide information on such topics as the
district shall deem necessary to achieve the following purposes:
(1) Enhance parental involvement in the education of | ||
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(2) Improve parental communication and involvement | ||
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(3) Enhance parental knowledge of child development, | ||
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(4) Improve parental skill development.
Districts shall use every means available to inform parents and
guardians about parental institutes and to encourage attendance at and
active participation in such events.
Parental institutes may be held during that period of the day which is
not part of the regular school day and may be held on Saturdays. Days
scheduled for parental institutes may be scheduled separately for different
grade levels and different attendance centers of the district.
Districts may establish reasonable fees, not to exceed the cost of
holding parental institutes, for attendance and shall waive any fees so
established for any parents or guardians who may be unable to afford such
fees. Nothing shall preclude districts from applying for or accepting
private funds to conduct parental institutes.
(Source: P.A. 86‑1250.)
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(105 ILCS 5/10‑22.19) (from Ch. 122, par. 10‑22.19)
Sec. 10‑22.19.
Sidewalks, bridges, culverts and other approaches.
To appropriate school funds for the construction of such sidewalks,
bridges, culverts and other approaches leading to the schoolhouse or school
grounds as are necessary for the convenience and safety of pupils attending
such school, but such approaches shall not exceed one‑half mile in length.
(Source: Laws 1961, p. 3420.)
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(105 ILCS 5/10‑22.19a)
Sec. 10‑22.19a.
Adult education; transfer of powers and duties.
On July 1, 2001, all powers and duties of the State Board of
Education under Section 10‑22.20 of this Code, related grants and contracts,
and Section
10‑22.20b of this Code shall be transferred to the Illinois Community
College Board, and references to the State Board of Education in
Sections 10‑22.20 and 10‑22.20b of this Code shall be deemed to refer to
the Illinois Community College Board. All rules, standards, and
procedures adopted by the State Board of Education under
Section 10‑22.20 or 10‑22.20b of this Code shall continue in
effect as the rules, standards, and procedures of the Illinois Community
College Board, until they are modified by the Illinois Community College
Board. In order to effect an orderly transition, from July 1, 2000 until
July 1, 2001, the State Board of Education shall coordinate
administration of Sections 10‑22.20 and 10‑22.20b of this Code with
the Illinois Community College Board.
(Source: P.A. 91‑830, eff. 7‑1‑00.)
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(105 ILCS 5/10‑22.20) (from Ch. 122, par. 10‑22.20)
Sec. 10‑22.20.
Classes for adults and youths whose schooling has
been interrupted; conditions for State reimbursement; use of child
care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less than age 21
and not otherwise in attendance in public school, for the purpose of
providing adults in the community, and youths whose schooling has been
interrupted, with such additional basic education, vocational skill
training, and other instruction as may be necessary to increase their
qualifications for employment or other means of self‑support and their
ability to meet their responsibilities as citizens including courses of
instruction regularly accepted for graduation from elementary or high
schools and for Americanization and General Educational Development
Review classes.
The board shall pay the necessary expenses of such classes out of
school funds of the district, including costs of student transportation
and such facilities or provision for child‑care as may be necessary in
the judgment of the board to permit maximum utilization of the courses
by students with children, and other special needs of the students
directly related to such instruction. The expenses thus incurred shall
be subject to State reimbursement, as provided in this Section. The
board may make a tuition charge for persons taking instruction who are
not subject to State reimbursement, such tuition charge not to exceed
the per capita cost of such classes.
The cost of such instruction, including the additional expenses herein
authorized, incurred for recipients of financial aid under the Illinois
Public Aid Code, or for persons for whom education and training aid has been
authorized under Section 9‑8 of that Code, shall be assumed in its entirety
from funds appropriated by the State to the Illinois Community College
Board.
(b) The
Illinois Community College Board shall establish
the standards for the
courses of instruction reimbursed
under this Section. The Illinois Community College Board shall supervise the
administration of the programs. The Illinois Community College Board shall
determine the cost
of instruction in accordance with standards established by the the Illinois
Community College Board, including therein
other incidental costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of this Section. In the
approval of programs and the determination of the cost of instruction, the
Illinois Community College Board shall provide
for the maximum utilization of federal
funds for such programs.
The Illinois Community College Board shall also provide for:
(1) the development of an index of need for program | ||
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(2) the method for calculating hours of instruction, | ||
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(3) a plan for the reallocation of funds to increase | ||
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(4) the development of standards for determining | ||
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For instruction provided by school districts and community college
districts beginning July 1, 1996 and thereafter, reimbursement
provided by
the Illinois Community College Board for
classes authorized by this Section
shall be provided from
funds appropriated for the reimbursement criteria set forth in subsection (c)
below.
(c) Upon the annual approval of the Illinois Community College Board, reimbursement
shall be first provided for transportation, child care services, and other
special needs of the students directly related to instruction and then from the
funds remaining
an amount equal to the product of the total credit hours or units
of instruction approved by the Illinois Community College Board, multiplied by the
following:
(1) For adult basic education, the maximum | ||
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(2) The maximum reimbursement per credit hour or per | ||
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(3) The maximum reimbursement per credit hour or per | ||
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(4) (Blank); and
(5) Funding for program years after 1999‑2000 shall | ||
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(d) Upon its annual approval, the Illinois Community College Board
shall provide grants to eligible programs for supplemental
activities to improve or expand services under the Adult Education Act.
Eligible programs shall be determined based upon performance outcomes of
students in the programs as set by the Illinois Community College Board.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the Illinois Community College Board for
reimbursement under this Section is less than the amount required under
this Act, the apportionment shall
be proportionately reduced.
School districts and community college districts may assess students up
to $3.00 per credit hour, for classes other than Adult Basic Education level
programs, if needed to meet program costs.
(f) An education plan shall be established for each adult or youth
whose
schooling has been interrupted and who is participating in the
instructional programs provided under this Section.
Each school board and community college shall keep an accurate and
detailed account of the
students assigned to and receiving instruction under this Section who
are subject to State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required by the Illinois
Community College Board.
For classes authorized under this Section, a credit hour or unit of
instruction is equal to 15 hours of direct instruction for students
enrolled in approved adult education programs at midterm and making
satisfactory progress, in accordance with standards established by the Illinois Community College Board.
(g) Upon proof submitted to the Illinois
Department of Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds made
available therefor and any federal funds so received shall
be paid into the General Revenue Fund in the State Treasury.
School districts or community colleges providing classes under this Section
shall submit applications to the Illinois Community College Board for
preapproval in accordance with the standards established by the Illinois
Community College Board. Payments shall be made by the Illinois Community
College Board based upon approved programs. Interim expenditure reports may
be required by the Illinois Community College Board. Final
claims for the school year shall be submitted to the regional superintendents
for transmittal to the Illinois Community College Board. Final adjusted
payments shall be made by September
30.
If a school district or community college district fails to provide, or
is providing unsatisfactory or insufficient classes under this Section,
the Illinois Community College Board may enter
into agreements with public or
private educational or other agencies other than the public schools for
the establishment of such classes.
(h) If a school district or community college district establishes
child‑care
facilities for the children of participants in classes established under
this Section, it may extend the use of these facilities to students who
have obtained employment and to other persons in the community whose
children require care and supervision while the parent or other person in
charge of the children is employed or otherwise absent from the home during
all or part of the day. It may make the facilities available before and
after as well as during regular school hours to school age and preschool
age children who may benefit thereby, including children who require care
and supervision pending the return of their parent or other person in
charge of their care from employment or other activity requiring absence
from the home.
The Illinois Community College Board shall
pay to the board the cost of care
in the facilities for any child who is a recipient of financial aid
under the Illinois Public Aid Code.
The board may charge for care of children for whom it cannot make
claim under the provisions of this Section. The charge shall not exceed
per capita cost, and to the extent feasible, shall be fixed at a level
which will permit utilization by employed parents of low or moderate
income. It may also permit any other State or local governmental agency
or private agency providing care for children to purchase care.
After July 1, 1970 when the provisions of Section 10‑20.20 become
operative in the district, children in a child‑care facility shall be
transferred to the kindergarten established under that Section for such
portion of the day as may be required for the kindergarten program, and
only the prorated costs of care and training provided in the Center for
the remaining period shall be charged to the Illinois Department of
Human Services or other persons or agencies paying for such care.
(i) The provisions of this Section shall also apply to school
districts having a population exceeding 500,000.
(j) In addition to claiming reimbursement under this Section, a school
district may claim general State aid under Section 18‑8.05 for any student
under age 21 who is enrolled in courses accepted for graduation from elementary
or high school and who otherwise meets the requirements of Section 18‑8.05.
(Source: P.A. 93‑21, eff. 7‑1‑03.)
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(105 ILCS 5/10‑22.20a) (from Ch. 122, par. 10‑22.20a)
Sec. 10‑22.20a.
Advanced vocational training program, and career
education. To enter into joint agreements with community college
districts and other school districts for the purpose of providing
career education or advanced vocational training of students in the 11th
and higher grades who desire preparation for a trade. Transportation
for students to any facility covered by a joint agreement as described
in this Section shall be provided by the participating school district,
or by the participating school district in conjunction with other school
districts. Joint agreements entered into under this Section may
include provisions for joint authority to acquire and improve sites,
construct and equip facilities thereon and lease and equip facilities
deemed necessary by the parties to the joint agreement, to maintain
programs and to provide for financing of the foregoing jointly by the
respective parties, all in accordance with the terms of the joint
agreement.
Nothing herein contained shall be construed to restrict or prohibit
the rights of community college districts or school districts to enter
into joint agreements under the provisions of the Intergovernmental
Cooperation Act, as now or hereinafter amended.
The duration of the career education or advanced vocational training
program shall be such period as the school district may approve but it
may not exceed 2 years for any school district pupil. Participation in
the program is accorded the same credit toward a high school diploma as
time spent in other courses.
The participating community college shall bill each participating
student's school district for an amount equal to the per capita cost of
operating the community college attended or a charge for participation
may be made in accordance with the joint agreement between the community
college district and the student's school district. Such agreement
shall not provide for payments in excess of the actual cost of operating
the course or courses in which the student is enrolled. Participating
high schools may use State aid monies to pay the charges.
The community college instructors teaching in such programs need not
be certified by the State Teacher Certification Board.
(Source: P.A. 79‑76.)
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(105 ILCS 5/10‑22.20b) (from Ch. 122, par. 10‑22.20b)
Sec. 10‑22.20b.
To appoint a person, who meets the standards of
qualification and certification established by the Illinois Community College
Board, as director of adult education to be responsible for the development
and general supervision of the adult education program described in Section
10‑22.20 and the Adult Education Act.
(Source: P.A. 91‑830, eff. 7‑1‑01.)
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(105 ILCS 5/10‑22.20c) (from Ch. 122, par. 10‑22.20c)
Sec. 10‑22.20c.
Tutorial programs.
To establish and implement peer
assistance, tutorial programs whereby qualified, able students assist less
able students with their studies and course work, and to provide
appropriate recognition for students furnishing such tutorial services. In
addition, a school board is authorized to cooperate with
institutions of higher education and may accept tutorial services provided
by qualified students of such institutions under the Educational
Partnership Act, as now or hereafter amended.
(Source: P.A. 84‑712.)
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(105 ILCS 5/10‑22.21) (from Ch. 122, par. 10‑22.21)
Sec. 10‑22.21.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑22.21a) (from Ch. 122, par. 10‑22.21a)
Sec. 10‑22.21a.
(Repealed).
(Source: Laws 1967, p. 2186. Repealed by P.A. 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑22.21b) (from Ch. 122, par. 10‑22.21b)
Sec. 10‑22.21b.
Administering medication.
To provide for the
administration of medication to students. It shall be the policy of the
State of Illinois that the administration of medication to students during
regular school hours and during school‑related activities should be
discouraged unless absolutely necessary for the critical health and
well‑being of the student. Under no circumstances shall
teachers or other non‑administrative school employees, except certified
school nurses and non‑certificated registered professional nurses, be
required
to administer medication to students. This
Section shall not prohibit a school district from adopting guidelines for
self‑administration of medication by students. This Section shall not
prohibit any school employee from providing emergency assistance to students.
(Source: P.A. 91‑719, eff. 6‑2‑00.)
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b. Equipment and supplies necessary for program | ||
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c. Administrative costs.
d. Operation of physical plant, including heat, | ||
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e. Auxiliary service, not including any | ||
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From such total cost thus determined there shall be deducted the State
reimbursement due on account of such educational facility for the same
year, not including any State reimbursement for area secondary vocational
school transportation. Such net cost shall be divided by the average number
of pupils in average daily attendance in such area secondary vocational
school facility for the school year in order to arrive at the net per
capita tuition cost. Such costs shall be computed on pupils regularly
enrolled in an area secondary vocational school on the basis of one‑sixth
day for every class hour attended pursuant to such enrollment. Provided,
that the board subject to the approval of the county superintendent of
schools may determine what schools outside of their district such pupils
shall attend. This section does not require the board of directors or board
of education of any district to admit pupils from another district.
(Source: P.A. 94‑213, eff. 7‑14‑05.)
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(105 ILCS 5/10‑22.22a) (from Ch. 122, par. 10‑22.22a)
Sec. 10‑22.22a.
Pre‑apprenticeship programs under Vocational
Education.
To establish special pre‑apprenticeship vocational programs in high
schools designated by the State Board of Education as areas
of above statewide average dropout rate and high youth unemployment,
leading to apprenticeship in apprenticeable occupations.
Such programs shall be established by the school board in
consultation with employers, union representatives and according to
criteria established by the State Board of Education.
(Source: P.A. 81‑1508.)
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(2) positions of such teachers in contractual | ||
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The contractual continued service status of any teacher thereby
transferred to another district is not lost and the receiving board is
subject to the School Code with respect to such transferred teacher in the
same manner as if such teacher was the district's employee during the time
such teacher was actually employed by the board of the deactivating
district from which the position was transferred.
(b) The provisions of this subsection shall not apply to the
reactivation of a high school facility which is deactivated under
subsection (c). The sending district may, with the approval
of the voters in the district, reactivate the
school facility which was
deactivated. The board of the district seeking to reactivate the school
facility shall, by proper resolution, cause the proposition to reactivate to be
submitted to the voters of the district at a regularly scheduled election.
Notice shall be published at least 10 days prior to the date of the election at
least once in one or more newspapers published in the district or, if no
newspaper is published in the district, in one or more newspapers with a
general circulation within the district. The notice shall be substantially in
the following form:
NOTICE OF REFERENDUM TO
REACTIVATE THE ...... SCHOOL FACILITY
IN SCHOOL DISTRICT NO. ......
Notice is hereby given that on (insert date), a referendum will be held in ...... County (Counties) for the purpose
of voting for or against the proposition to reactivate the ..... School
facility in School District No. ..... and to discontinue sending pupils of
School District No. ...... to School District(s) No. .....
The polls will be opened at ... o'clock .. m., and closed at ... o'clock ..
m. of the same day.
A............. B............
Dated (insert date).
Regional Superintendent of Schools
The proposition shall be in substantially the following form:
Shall the Board of Education of School YES District No. ......, ...... County, Illinois, be authorized to
reactivate the .... School facility and to discontinue sending pupils of School District No. .... NO to School District(s) No. ......?
(c) The school board of any unit school district which experienced a
strike by a majority of its certified employees that endured for over 6
months during the regular school term of the 1986‑1987 school year, and
which during the ensuing 1987‑1988 school year had an enrollment in grades 9
through 12 of less than 125 students may, when in its judgment the
interests of the district and of the students therein will be best served
thereby, deactivate the high school facilities within the district for the
regular term of the 1988‑1989 school year and, for that school year only,
send the students of such high school in grades 9 through 12 to schools in
adjoining or adjacent districts. Such action may only be taken: (a) by
proper resolution of the school board deactivating its high school
facilities and the approval, by proper resolution, of the school board of
the receiving district or districts, and (b) pursuant to a contract between
the sending and each receiving district, which contract or contracts: (i)
shall provide for the reassignment of all students of the deactivated high
school in grades 9 through 12 to the receiving district or districts; (ii)
shall apply only to the regular school term of the 1988‑1989 school year;
(iii) shall not be subject to renewal or extension; and (iv) shall require
the sending district to pay to the receiving district the cost of educating
each student who is reassigned to the receiving district, such costs to be
an amount agreed upon by the sending and receiving district but not less
than the per capita cost of maintaining the high school in the receiving
district during the 1987‑1988 school year. Any high school facility
deactivated pursuant to this subsection for the regular school term of the
1988‑1989 school year shall be reactivated by operation of law as of the
end of the regular term of the 1988‑1989 school year. The status as a unit
school district of a district which deactivates its high school facilities
pursuant to this subsection shall not be affected by reason of such
deactivation of its high school facilities and such district shall continue
to be deemed in law a school district maintaining grades kindergarten
through 12 for all purposes relating to the levy, extension, collection and
payment of the taxes of the district under Article 17 for the 1988‑1989
school year.
(d) Whenever a school facility is reactivated pursuant
to the provisions of this Section, then all teachers in contractual
continued service who were honorably dismissed or transferred as part of
the deactivation process, in addition to other rights they may have under
the School Code, shall be recalled or transferred back to the original
district.
(Source: P.A. 94‑213, eff. 7‑14‑05.)
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(105 ILCS 5/10‑22.22c) (from Ch. 122, par. 10‑22.22c)
Sec. 10‑22.22c.
(a) Subject to the following provisions of this
Section two or more contiguous school districts each of which
has an enrollment in grades 9 through 12 of less than 600 students may,
when in their judgment the interest of the districts and of the students
therein will be best served, jointly operate one or more cooperative high
schools. Such action shall be taken for a minimum period of 20 school years,
and may be taken only with the approval of the voters of each district. A
district with 600 or more students enrolled in grades 9 through 12
may qualify for inclusion with one or more districts having less than 600
such students by receiving a size waiver from the State Board of Education
based on a finding that such inclusion would significantly increase the
educational opportunities of the district's students, and by meeting the
other prerequisites of this Section. The board of each district contemplating
such joint operation shall, by proper resolution, cause the proposition to
enter into such joint operation to be submitted to the voters of the
district at a regularly scheduled election. Notice shall be published at
least 10 days prior to the date of the election at least once in one or
more newspapers published in the district or, if no newspaper is published
in the district, in one or more newspapers with a general circulation
within the district. The notice shall be substantially in the following form:
NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
NO. ....... AND SCHOOL DISTRICT NO. .......
TO JOINTLY OPERATE (A) COOPERATIVE HIGH
SCHOOL (SCHOOLS)
Notice is hereby given that on (insert date), a referendum will be held in ....... County (Counties) for
the purpose of voting for or against the proposition for School District No.
....... and School District No. ....... to jointly operate (a) cooperative high
school (schools).
The polls will be open at ....... o'clock ... m., and close at
....... o'clock ... m., of the same day.
A ........ B ........
Dated (insert date). Regional Superintendent of Schools
The proposition shall be in substantially the following form:
Shall the Board of Education of School District No. ...., ..... YES County (Counties), Illinois be authorized to enter with into an agreement with School
District No. ...., .... County (Counties), Illinois to jointly operate (a) cooperative high NO school (schools)?
If the majority of those voting on the proposition in each district vote
in favor of the proposition, the school boards of the participating
districts may, if they agree on terms, execute a contract for such joint
operation subject to the following provisions of this Section.
(b) The agreement for joint operation of any such cooperative high school shall include, but not be limited to, provisions for administration, staff, programs,
financing,
facilities, and
transportation. Such agreements
may
be modified, extended, or terminated by approval of each of the participating
districts,
provided that a district may withdraw from the agreement during its initial
20‑year term only if the district is reorganizing with one or more districts
under other provisions of this Code. Even if 2 or more of the participating
district boards approve an
extension of the agreement, any other participating district shall, upon
failure of its board to approve such extension, disengage from such
participation at the end of the then current agreement term.
(c) A governing board, which shall govern the operation
of any such
cooperative high school, shall be composed of an equal
number of board members from each of the participating districts,
except that where all participating district boards concur, membership
on the governing board may be apportioned to reflect the
number of students
in each respective district who attend the cooperative high school. The
membership of the governing board shall be not
less than 6 nor more than 10 and shall be set by the agreement entered into
by
the participating districts.
The school board of each participating district
shall select, from its membership, its representatives on the governing board.
The governing board shall prepare
and adopt a budget for the cooperative high school. The
governing board
shall
administer the cooperative high school in
accordance with the agreement of the districts and shall have the power to
hire, supervise, and terminate staff; to enter into contracts; to adopt
policies for the school; and to take all other actions necessary and proper
for the operation of the school. However, the governing board may not levy
taxes or incur any indebtedness except within the annual budget approved by the
participating districts.
(d) (Blank).
(e) Each participating district shall pay its per capita cost of
educating the students residing in its district and attending any such
cooperative high school into the budget for the
maintenance
and operation of the cooperative high school.
The manner of determining per capita cost shall be
set forth in the agreement. Each district shall pay the amount owed the
governing board under the terms of the agreement from the fund that the
district would have used if the district had incurred the costs directly and
may levy taxes and issue bonds as otherwise authorized for these purposes in
order to make payments to the governing board.
(f) Additional school districts having an enrollment in grades 9 through
12 of less than 600 students
may be added to the agreement in accordance with the process described
in subsection (a) of this Section. In the event additional districts are
added, a new contract shall be executed in accordance with the provisions
of this Section.
(g) Upon formation of the cooperative high school, the school board of
each
participating district shall:
(1) confer and coordinate with each other and the | ||
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(2) in consultation with any exclusive employee | ||
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(3) transfer to the governing board of the | ||
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(A) by categories listed on the seniority list | ||
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(B) in each category, by having teachers in | ||
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(C) in order from greatest seniority first | ||
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A teacher who is not in contractual
continued service shall not be transferred if there is a teacher in contractual
continued service in the same category who is qualified to hold the
position
that is to be filled.
If there are more teachers who have
entered upon contractual continued service
than there are available positions at the
cooperative high school or within other assignments in the
district, a school board shall first remove or dismiss all teachers who
have not entered upon contractual continued service before
removing or dismissing any teacher who has entered upon
contractual continued service and who is legally qualified (i) to
hold a position at the cooperative high school planned to be
held by a teacher who has not entered upon contractual continued
service or (ii) to hold another position in the participating
district. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service in any of the participating
districts shall be dismissed first. Any teacher
dismissed as a result of such a decrease shall be paid all
earned compensation on or before the third business day
following the last day of pupil attendance in the regular school
term. If the school board that has dismissed a teacher or the
governing board has any vacancies for the following school term
or within one calendar year from the beginning of the following
school term, the positions thereby becoming available shall be
tendered to the teachers so removed or dismissed so far as they
are legally qualified to hold such positions. However,
if the number of honorable dismissal notices in all
participating districts exceeds 15% of full‑time equivalent
positions filled by certified employees (excluding principals
and administrative personnel) during the preceding school year
in all participating districts and if the school board that has
dismissed a teacher or the governing board has any vacancies for
the following school term or within 2 calendar years from the
beginning of the following school term, the positions so
becoming available shall be tendered to the teachers who were so notified,
removed,
or dismissed whenever these teachers are legally qualified to hold such
positions.
The provisions of Section 24‑12 of this Code concerning teachers
whose positions are transferred from one board to
the control of a different board shall apply to the teachers who are
transferred. The contractual continued service of any transferred teacher is
not lost and the governing board is subject to this Code with respect to the
teacher in the same manner as if the teacher had been the governing board's
employee during the time the teacher was actually employed by the board of the
district from which the position and the teacher's employment were transferred.
The time spent in
employment
with a participating district by any teacher who has not yet entered upon
contractual
continued service and who is transferred to the governing board is not lost
when
computing the time necessary
for the teacher to enter upon contractual continued service, and the
governing board is
subject to this Code with respect to the teacher in the same manner as if
the teacher
had been the governing board's employee during the time the teacher was
actually employed
by the school board from which the position and the teacher's employment were
transferred.
If the cooperative high school is dissolved, any teacher who was transferred
from a participating district shall be transferred back to the district and
Section 24‑12 of this Code shall apply. In that
case, a district is subject to this Code in the same manner as if the teacher
transferred
back had been continuously in the service of the receiving district.
(h) Upon formation of the cooperative high school, the school board of
each
participating
district shall:
(1) confer and coordinate with each other and the | ||
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(2) in consultation with any exclusive employee | ||
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(3) transfer to the governing board of the | ||
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If there are more full‑time
educational support personnel employees than there are available
positions at the cooperative high school or
in the participating district, a school board shall first
remove or dismiss those educational support personnel employees
with the shorter length of continuing service in any of the
participating districts, within the respective category of
position. The governing board is subject to this Code with respect to the
educational support personnel employee as if the educational support personnel
employee had been the governing board's employee during the time the
educational support personnel employee was actually employed by the school
board of the district from which the employment and position were transferred.
Any educational support personnel employee dismissed as a result of such a
decrease shall be paid all earned compensation on or before the third business
day following his or her last day of employment. If the school board that has
dismissed the educational support personnel employee or the governing board has
any vacancies for the following school term or within one calendar year from
the beginning of the following school term, the positions thereby becoming
available within a specific category of position shall be tendered to the
employees so removed or dismissed from that category of position so far as they
are legally qualified to hold such positions. If the cooperative high school is
dissolved, any educational support personnel employee who was transferred from
a participating district shall be transferred back to the district and Section
10‑23.5 of this Code shall apply. In that case, a district is subject to this
Code in the same manner as if the educational support personnel employee
transferred back had been continuously in the service of the receiving
district.
(Source: P.A. 91‑63, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99 .)
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(105 ILCS 5/10‑22.23) (from Ch. 122, par. 10‑22.23)
Sec. 10‑22.23.
School Nurse.
To employ a registered professional
nurse and define the duties of the school nurse within the guidelines of
rules and regulations promulgated by the State Board of Education. Any
school nurse first employed on or after July 1, 1976, whose duties
require teaching or the exercise of instructional judgment or educational
evaluation of pupils, must be certificated under Section 21‑25 of this Act.
School districts may employ non‑certificated registered professional nurses
to perform professional nursing services.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/10‑22.23a) (from Ch. 122, par. 10‑22.23a)
Sec. 10‑22.23a.
Chief school business official.
To employ a chief school
business official and define the duties of the chief school business official.
Any chief school business official first employed on or after July 1, 1977
shall be certificated under Section 21‑7.1. For the purposes of this Section,
experience as a school business official in an Illinois public school district
prior to July 1, 1977 shall be deemed the equivalent of certification.
(Source: P.A. 82‑387.)
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(105 ILCS 5/10‑22.24) (from Ch. 122, par. 10‑22.24)
Sec. 10‑22.24.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89‑159, eff. 1‑1‑96.)
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(105 ILCS 5/10‑22.24a) (from Ch. 122, par. 10‑22.24a)
Sec. 10‑22.24a.
School counselor.
To employ school counselors. A school
counselor is
a qualified specialist who holds a School Service Personnel certificate
endorsed in school
counseling issued pursuant to Section 21‑25 of this Code and
who either (i) holds or is qualified for an elementary, secondary, special
K‑12, or special preschool‑age 21 certificate issued pursuant to Section 21‑2
or 21‑4 of this Code or (ii) in lieu of holding or qualifying for a teaching
certificate, has fulfilled such other requirements as the State Board of
Education and the State Teacher Certification Board may by rule establish. An
individual who has completed an approved
program in another state may apply for a
School Service Personnel certificate
endorsed in school counseling and shall receive such a certificate if a review
of his or her credentials indicates that
he or she meets the additional requirements of this Section.
(Source: P.A. 93‑125, eff. 7‑10‑03.)
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(105 ILCS 5/10‑22.24b)
Sec. 10‑22.24b.
School counseling services.
School counseling services
in the public schools may be provided by school counselors as defined in
Section 10‑22.24a. School counseling
services include but are not
limited to: (1) educational planning; (2) career development and counseling;
(3) college counseling; (4) developing and facilitating anti‑violence education
or conflict resolution programs, or both; (5) providing crisis intervention
programs within the school setting; (6) making appropriate referrals to outside
agencies; (7) interpreting achievement, career, and vocational test
information; (8) developing individual career plans for all students; (9)
providing individual and small group counseling; (10) addressing the
developmental needs of students by designing curricula for classroom
counseling and guidance; (11) consulting and counseling with parents for the
academic, career, and personal success of their children; (12) facilitating
school to work transition programs; and (13) supervising school counseling
interns enrolled in school counseling programs that meet the standards of the
State Board of Education. Nothing in this Section prohibits other
qualified professionals, including other certificated school personnel, from
providing those services listed in this
Section.
(Source: P.A. 91‑70, eff. 7‑9‑99.)
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(105 ILCS 5/10‑22.25) (from Ch. 122, par. 10‑22.25)
Sec. 10‑22.25.
Purchase and rent of textbooks.
To purchase textbooks and rent them to the pupils.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.25a) (from Ch. 122, par. 10‑22.25a)
Sec. 10‑22.25a.
To obtain personal property, when authorized by an
affirmative vote of 2/3 of the members of the board, by lease, with or
without an option to purchase, for a period not to exceed 5 years or by
purchase under an installment contract extending over a period of not more
than 5 years, with interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract; provided that the term of guaranteed energy
savings contracts as defined in Article 19b of the School Code may exceed 5
years.
For the purpose of this Section, personal property shall include computer
hardware and software and all equipment, fixtures, renovations, and
improvements to existing facilities of the district necessary to accommodate
computers.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any provision
of this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 90‑97, eff. 7‑11‑97.)
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(105 ILCS 5/10‑22.25b) (from Ch. 122, par. 10‑22.25b)
Sec. 10‑22.25b.
School uniforms.
The school board may adopt a school
uniform or dress code
policy that governs all or certain individual attendance centers
and that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety.
A school uniform or dress code policy adopted by
a school board: (i) shall not be applied in such manner as to discipline or
deny attendance to a transfer student or any other student for noncompliance
with that policy during
such period of time as is reasonably necessary to enable the student to acquire
a school uniform or otherwise comply with the dress code policy that is in
effect at the attendance center or in the district into which the student's
enrollment is transferred; and (ii) shall include criteria and procedures under
which the school board will accommodate the needs of or otherwise provide
appropriate resources to assist a student from an indigent family in complying
with an applicable school uniform or dress code policy. A student whose
parents or legal guardians object on religious grounds to the student's
compliance with an applicable school
uniform or dress code policy shall not be required to comply with that policy
if the student's parents or legal guardians present to the school board a
signed statement of objection detailing the grounds for the objection.
This Section applies to school boards of all
districts, including special charter districts and districts organized under
Article 34.
(Source: P.A. 89‑610, eff. 8‑6‑96.)
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(105 ILCS 5/10‑22.26) (from Ch. 122, par. 10‑22.26)
Sec. 10‑22.26.
School Lunch Program ‑ Purchase of Equipment.
To maintain and operate a school lunch program in accordance with
applicable regulations of the State Board of Education and
agencies of the United States government. Equipment to be used in the
school lunch program shall be paid for from the operations and
maintenance fund of the district or from any surplus remaining in the
school lunch account at the end of the school term.
(Source: P.A. 86‑970.)
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(105 ILCS 5/10‑22.27) (from Ch. 122, par. 10‑22.27)
Sec. 10‑22.27.
Schools outside district for exceptional children.
To rent suitable facilities outside of the district and maintain classes
therein for the instruction of children from any home for orphans,
dependent, abandoned, or maladjusted children as provided in Section 18‑‑3
of this Act; provided that written consent is secured from the school board
of the district wherein such facilities and classes are located.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.28) (from Ch. 122, par. 10‑22.28)
Sec. 10‑22.28.
School safety patrol.
To establish and maintain a school safety patrol and with the written
consent of the parents of individual pupils to appoint such pupils to
participate as members thereof for the purpose of influencing and
encouraging the other pupils to refrain from crossing public streets and
highways at points other than at regular crossings and for the purpose of
directing pupils not to cross streets and highways at times when the
presence of traffic would render such crossing unsafe.
The safety patrol shall function only under the direction and control of
school authorities; however, upon request of the school board other
agencies may cooperate to such extent as may be agreed upon.
No liability shall attach either to the school district or any
individual, trustee, board member, superintendent, principal, teacher or
other school employee by virtue of the organization, maintenance or
operation of a school safety patrol organized, maintained and operated
under authority of this section.
Nothing herein contained shall be construed to authorize or permit the
use of any safety patrol member for the purpose of directing vehicular
traffic.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑22.28a) (from Ch. 122, par. 10‑22.28a)
Sec. 10‑22.28a.
To acquire, install, operate and maintain traffic signals
relative to school crossing protection and school crossing stop signals
and to employ persons for the purpose of directing traffic upon school grounds
and on or along streets and highways or portions thereof within a radius
of one mile from such school grounds, or to share the cost of employing
such persons with or accept the employment of such persons by any unit of
local government. The school board may determine whether the crossing
guard employment costs shall be paid from its educational, transportation
or operations and maintenance fund. The powers in this Section
are subject to the following:
1. The power to acquire, install, operate and maintain traffic signals
may not be exercised in any city, village or incorporated town;
2. Prior approval must be obtained from the Department of Transportation
with respect to highways for which it has maintenance jurisdiction, and
any public body or official having jurisdiction over any street or highway affected;
3. All signs and signals to be erected shall conform to the Department
of Transportation's Manual and Specifications
and shall be justified by traffic warrants stated in the Manual, and all
pertinent provisions of The Illinois Vehicle Code, not inconsistent with
the provisions of this Section, shall apply.
(Source: P.A. 86‑970.)
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(105 ILCS 5/10‑22.29) (from Ch. 122, par. 10‑22.29)
Sec. 10‑22.29.
Outdoor education.
To offer, if deemed appropriate, outdoor education, and to use school funds
for the expenses of the outdoor education program, within the State of
Illinois, or adjacent States, whether within the school district or not,
including the purchase or renting of facilities either individually or
jointly with any other school district or districts.
(Source: Laws 1968, p. 414.)
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(105 ILCS 5/10‑22.29a) (from Ch. 122, par. 10‑22.29a)
Sec. 10‑22.29a.
To authorize the establishment of an investment club,
in any high school within the district, to be organized on a purely
voluntary basis. The State Board of Education may, however,
promulgate reasonable standards regarding the establishment,
organization and operation of investment clubs formed pursuant to this
Section which standards must be complied with by all those concerned.
The superintendent of schools shall, when the board has authorized the
establishment of an investment club, designate a teacher in the high
school where the club is organized to serve as sponsor of the club and
as the fiduciary for members of the club in making the purchases and
sales of securities on behalf of the members and shall also designate an
investment dealer registered with the Secretary of State of Illinois as
an investment dealer; to provide investment counseling and brokerage
services for the members of the club. That investment dealer shall (a)
reflect all transactions entered into on behalf of the investment club
in an account in the name of the teacher as fiduciary, (b) submit
monthly to the fiduciary a statement of account reflecting all
transactions entered into on behalf of the club during the previous
month including the prices paid on purchases and the proceeds received
on sales of securities and the costs and fees incurred in each
transaction and listing the accumulated holdings of the investment club
by type of security, number of shares of stock, name of the issuer and
any other information necessary to identify the composition of the
accumulated security holdings of the club, and (c) handle transactions
on behalf of the club, through the designated fiduciary as a street
account rather than through issuance of certificates in the name of the
fiduciary or of individual club members. Any investment club formed
under this Section must sell all securities purchased through the club
and distribute the proceeds of sales to its members by May 20th each
year. All investment clubs are subject to the provisions of "The
Illinois Securities Law of 1953", as amended.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑22.29b) (from Ch. 122, par. 10‑22.29b)
Sec. 10‑22.29b.
Educational tours.
As a supplement to a particular
course of instruction, to conduct educational tours, within or without
the district, the State of Illinois or the United States, for the pupils
or employees, or both, of any school or schools within the district.
Nothing in this Section authorizes the use of any school funds for any
expenditures incurred on such a tour such as meals, lodging and
transportation costs nor does this Section apply to any outdoor education
class, field trip or travel to and from a school sponsored event as
permitted under Sections 10‑22.29,
29‑3.1 and 34‑18, subsection (11). Nothing in this Section prohibits payment
of the salaries of necessary personnel while on a tour or field trip if
the personnel are performing in the ordinary course of their employment.
(Source: P.A. 85‑1389.)
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(105 ILCS 5/10‑22.30) (from Ch. 122, par. 10‑22.30)
Sec. 10‑22.30.
Television and radio programs.
To enter into contracts, either alone or in cooperation with other
school boards, for the purpose of participating in or the procuring of
television or radio broadcasts or both, for use in the educational program
of the schools; to provide television or radio studio facilities or both;
to grant the use of such studio facilities to a licensed television or
radio station located in the school district; to maintain and operate such
school television or radio transmitting devices, or both, as are necessary
to distribute adequate instructional television or radio programming with
closed‑circuit, fixed‑circuit or standard broadcasting equipment; and to
provide programs for educational purposes.
(Source: Laws 1965, p. 573.)
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(105 ILCS 5/10‑22.31) (from Ch. 122, par. 10‑22.31)
Sec. 10‑22.31.
Special education.
(a) To enter into joint agreements with other school boards to provide
the needed special educational facilities and to employ a director and
other professional workers as defined in Section 14‑1.10 and to establish
facilities as defined in Section 14‑1.08 for the types of children described
in Sections 14‑1.02 through 14‑1.07. The director (who may be employed under
a multi‑year contract as provided in subsection (c) of this Section)
and other professional workers may be employed by one district, which
shall be reimbursed on a mutually agreed basis by other districts
that are parties to the joint agreement. Such agreements may provide that
one district may supply professional workers for a joint program conducted
in another district. Such agreement shall provide that any full‑time school
psychologist who is employed by a joint agreement program and spends over
50% of his or her time in one school district shall not be required to work
a different teaching schedule than the other school psychologists in that
district. Such agreement shall include, but not be limited to, provisions
for administration, staff, programs, financing, housing, transportation, an
advisory body, and the withdrawal of
districts from
the joint agreement. Except as otherwise provided in Section 10‑22.31.1, the
withdrawal of districts from the joint agreement shall be by petition to the
regional board of school trustees. Such
agreement may be amended at any time as provided in the joint agreement or,
if the joint agreement does not so provide, then such agreement may be
amended at any time upon the adoption of concurring resolutions by the
school boards of all member districts. A fully executed copy of any such
agreement or amendment entered into on or after January 1, 1989 shall be
filed with the State Board of Education. Such petitions for withdrawal
shall be made to the regional board of school trustees of all counties
having jurisdiction over one or more of the districts in the joint
agreement. Upon receipt of a petition for withdrawal, the regional boards
of school trustees having jurisdiction over the cooperating districts shall
publish notice of and conduct a joint hearing on the issue as provided
in Section 7‑6. No such petition may be considered, however, unless in
compliance with Section 7‑8. If approved by a 2/3 vote of all trustees
of those regional boards, at a joint meeting, the withdrawal takes effect
as provided in Section 7‑9 of this Act.
(b) To either (1) designate an administrative district to act as fiscal
and legal agent for the districts that are parties to the joint
agreement, or (2) designate a governing board composed of one member of
the school board of each cooperating district and designated by such
boards to act in accordance with the joint agreement. No such governing
board may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint agreement
approved by the governing board and by the boards of at least a majority
of the cooperating school districts or a number of districts greater
than a majority if required by
the joint agreement. The governing board may appoint an executive board of at
least 7 members to administer the joint agreement in accordance with
its terms. However, if 7 or more school districts are parties to a joint agreement that does not have an
administrative district: (i) at least a majority of the members appointed by
the governing board to the executive
board shall
be members of the school boards of the cooperating districts; or
(ii) if the
governing
board wishes to appoint members who are not school board members, they shall be
superintendents from the
cooperating districts.
(c) To employ a director of a joint agreement program under a multi‑year
contract. No such contract can be offered or accepted for less than or
more than 3 years, except for a person serving as a director of a
special education joint agreement for the first time in Illinois. In such
a case, the initial contract shall be for a 2 year period. Such contract
may be discontinued at any time by mutual agreement of the contracting
parties, or may be extended for an additional 3 years at the end of any year.
The contract year is July 1 through the following June 30th, unless the
contract specifically provides otherwise. Notice of intent not to renew a
contract when given by a controlling board or administrative district must
be in writing stating the specific reason therefor. Notice of intent not
to renew the contract must be given by the controlling board or the
administrative district at least 90 days before the contract expires.
Failure to do so will automatically extend the contract for one
additional year.
By accepting the terms of the multi‑year contract, the director of a
special education joint agreement waives all rights granted under Sections
24‑11 through 24‑16 for the duration of his or her employment as a director
of a special education joint agreement.
(d) To designate a district that is a party to the joint agreement as the
issuer of bonds or notes for the purposes and in the manner provided in
this Section. It is not necessary for such district to also be the
administrative district for the joint agreement, nor is it necessary for
the same district to be designated as the issuer of all series of bonds or
notes issued hereunder. Any district so designated may, from time to time,
borrow money and, in evidence of its obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14‑1.08. Title in and to any such facilities shall be held in accordance
with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the board
of education of the issuing district. The resolution may contain such
covenants as may be deemed necessary or advisable by the district to
assure the payment of the bonds or notes. The resolution shall be
effective immediately upon its adoption.
Prior to the issuance of such bonds or notes, each school district that
is a party to the joint agreement shall agree, whether by amendment to the
joint agreement or by resolution of the board of education, to be jointly
and severally liable for the payment of the bonds and notes. The bonds or
notes shall be payable solely and only from the payments made pursuant to
such agreement.
Neither the bonds or notes nor the obligation to pay the bonds or notes under
any joint agreement shall constitute an indebtedness of any district,
including the issuing district, within the meaning of any constitutional or
statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the agreement
by a district to pay the bonds and notes shall be irrevocable
notwithstanding the district's withdrawal from membership in the joint
special education program.
(e) If a district whose employees are on strike was, prior to the strike,
sending students with disabilities to special educational
facilities and services
in another district or cooperative, the district affected by the strike
shall continue to send such students during the strike and shall be
eligible to receive appropriate State reimbursement.
(f) With respect to those joint agreements that have a governing board
composed of one member of the school board of each cooperating district and
designated by those boards to act in accordance with the joint agreement, the
governing board shall have, in addition to its other powers under this Section,
the authority to issue bonds or notes for the purposes and in the manner
provided in this subsection. The governing board of the joint agreement
may from time to time borrow money and, in evidence of its
obligation to repay the borrowing,
issue its negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein, necessary to
provide special educational facilities and services as defined in Section
14‑1.08 and including also facilities for activities of administration and
educational support personnel employees. Title in and to any such facilities
shall be held in accordance with the joint agreement.
Any such bonds or notes shall be authorized by a resolution of the
governing board. The resolution may contain such
covenants as may be deemed necessary or advisable by the governing board
to assure the payment of the bonds or notes and interest accruing thereon.
The resolution shall be effective immediately upon its adoption.
Each school district that
is a party to the joint agreement shall be automatically liable, by virtue of
its membership in the joint agreement, for its proportionate share of the
principal amount of the bonds and notes plus interest accruing thereon, as
provided in the resolution. Subject to the joint and several liability
hereinafter provided for, the resolution may provide for different payment
schedules for different districts except that the aggregate amount of scheduled
payments for each district shall be equal to its proportionate share of the
debt service in the bonds or notes based upon the fraction that its
equalized assessed valuation bears to the total equalized assessed valuation of
all the district members of the joint agreement as adjusted in the manner
hereinafter provided. In computing that fraction the most recent available
equalized assessed valuation at the time of the issuance of the bonds and notes
shall be used, and the equalized assessed valuation of any district maintaining
grades K to 12 shall be doubled in both the numerator and denominator of the
fraction used for all of the districts that are members of the joint
agreement. In case of default in payment by any
member, each school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount of any
deficiency. The bonds or
notes and interest thereon shall be payable solely and only from the
funds made available pursuant to the procedures set forth in this
subsection. No project authorized under this subsection may require an
annual contribution for bond payments from any member district in excess of
0.15% of the value of taxable property as equalized or assessed by the
Department of Revenue in the case of districts maintaining grades K‑8 or 9‑12
and 0.30% of the value of taxable property as equalized or assessed by the
Department of
Revenue in the case of districts maintaining grades K‑12. This limitation on
taxing authority is expressly applicable to taxing authority provided under
Section 17‑9 and other applicable Sections of this Act. Nothing contained in
this subsection shall be construed as an exception to the property tax
limitations contained in Section 17‑2, 17‑2.2a, 17‑5, or
any other applicable Section of this Act.
Neither the bonds or notes nor the obligation to pay the bonds or notes
under any joint agreement shall constitute an indebtedness of any district
within the meaning of any constitutional or statutory limitation.
As long as any bonds or notes are outstanding and unpaid, the obligation
of a district to pay its proportionate share of the principal of and
interest on the bonds and notes as required in this Section shall be a
general obligation of the district payable from any and all sources of revenue
designated for that purpose by the board of education of the district and shall
be irrevocable notwithstanding the district's withdrawal from membership in the
joint special education program.
(Source: P.A. 89‑397, eff. 8‑20‑95; 89‑613, eff. 8‑9‑96; 89‑626, eff. 8‑9‑96;
90‑103, eff. 7‑11‑97; 90‑515, eff. 8‑22‑97; 90‑637, eff. 7‑24‑98; 90‑655, eff.
7‑30‑98.)
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(105 ILCS 5/10‑22.31a) (from Ch. 122, par. 10‑22.31a)
Sec. 10‑22.31a.
Joint educational programs.
To enter into joint agreements with other school boards or public
institutions of higher education to establish any type of educational
program which any district may establish individually, to provide the
needed educational facilities and to employ a director and other
professional workers for such program. The director and other
professional workers may be employed by one district which shall be
reimbursed on a mutually agreed basis by other districts that are
parties to the joint agreement. Such agreements may provide that one
district may supply professional workers for a joint program conducted
in another district. Such agreement shall be executed on forms provided
by the State Board of Education
and shall include, but not
be limited to, provisions for administration, staff, programs,
financing, housing, transportation and advisory body and provide for the
withdrawal of districts from the joint agreement by petition to the regional
board of school trustees. Such petitions for withdrawal shall be
made to the regional board of school trustees of the region having
supervision and control over the administrative district and shall be
acted upon in the manner provided in Article 7 for the detachment of
territory from a school district.
To designate an administrative district to act as fiscal and legal
agent for the districts that are parties to such a joint agreement.
(Source: P.A. 86‑198; 86‑1318.)
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(105 ILCS 5/10‑22.31b) (from Ch. 122, par. 10‑22.31b)
Sec. 10‑22.31b.
Joint building programs.
To enter into joint
agreements
either under this Act or under the Intergovernmental Cooperation Act with other
school boards to acquire, build, establish and maintain sites and buildings
including residential facilities, that may be needed for area vocational
education buildings or the education of one or more of the types of
children with disabilities defined in Sections 14‑1.02 through 14‑1.07 of
this Act, who are
residents of such joint agreement area, upon the review and recommendation of
the Advisory Council on Education of Children with
Disabilities and approval of the
State Superintendent. Proposals shall be submitted on forms promulgated by the
State Advisory Council. The State Advisory Council shall have 45 days to review
the proposal and make a recommendation. The State Superintendent shall then
approve or deny the proposal. Any establishment of residential facilities
under this Section for the education of children with disabilities shall consider and
utilize whenever possible the existing residential service delivery systems
including state operated and privately operated facilities. Residential
facilities shall be maintained in accordance with applicable health, licensing
and life safety requirements, including the applicable provisions of the
building code authorized under Section 2‑3.12. Such sites may be acquired and
buildings built at any place within the area embraced by such joint agreement
or within 2 miles of the boundaries of any school district which is a party to
the joint agreement. The title to any site or building so acquired shall be
held in accordance with Section 16‑2 of this Act.
Any funds obtained from the participating governmental entities as a result
of a joint agreement entered into under this Act or the Intergovernmental
Cooperation Act shall be accounted for in the same manner as provided for the
majority of the participating governmental entities under the laws of
this State.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(105 ILCS 5/10‑22.31c) (from Ch. 122, par. 10‑22.31c)
Sec. 10‑22.31c.
Meetings; notice.
The elected board members serving
either as an administrative district or as a governing board under Section
10‑22.31 or Section 10‑22.31a shall fix a time and place for regular
meetings. Special meetings may be called by any 2 such members by giving
notice thereof in writing, stating the time, place and purpose of the
meeting. Public notice of all meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of any of the districts which are parties to
the joint agreement shall be afforded reasonable time to comment to or ask
questions of the board members.
(Source: P.A. 84‑1334.)
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(105 ILCS 5/10‑22.31.1)
Sec. 10‑22.31.1.
Withdrawal from certain joint agreement programs.
(a) Notwithstanding the provisions of Section 10‑22.31, a community unit
school
district that is the only school district in its county that is a member of its
special education joint agreement program and that had a 1994‑95
average daily attendance of at least 550, but not more
than 650, and a 1994 equalized assessed valuation of at least $40,000,000, but
not more than $43,000,000, may withdraw from its special education joint
agreement program
consisting of at least 19 school districts located in at least 9 different
counties upon approval by the school board of
the community unit district and notification to and the filing of an intent to
withdraw statement with the governing board of the joint agreement program.
Such notification and statement shall specify the effective date of the
withdrawal, which in no case shall be less than 60 days after the date of the
filing of the petition. Upon receipt of the notification and statement, the
governing board of the joint agreement program shall distribute a copy to each
member district of the joint agreement and shall initiate any appropriate
allocation of assets and liabilities among the remaining member districts to
take effect upon the date of the withdrawal. The withdrawal shall take effect
upon the date specified in the notification and statement.
(b) Notwithstanding the provisions of Section 10‑22.31, beginning January
1,
1998, a community unit school district that is located in 3 or more counties
and that is a
member of a special education joint agreement program that has a governing
board
composed of one member of the school board of each cooperating school district
may
withdraw from its special education joint agreement program upon petition to
and
approval by the regional board of school trustees of the educational service
region whose
regional superintendent of schools has supervision and control of that
community unit
school district in accordance with the provisions of Section 3‑14.2. On the
effective date
of this amendatory Act of 1999, any matters concerning withdrawal from a
special
education joint agreement program pending before any other affected regional
boards of
school trustees, township trustees of schools, or school boards are terminated.
All other
requirements for approval of a school district withdrawal from a special
education joint
agreement program under this subsection (b) must be satisfied, including the
hearing
process provided in Section 7‑6.
(Source: P.A. 90‑103, eff. 7‑11‑97; 91‑241, eff. 7‑22‑99.)
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(105 ILCS 5/10‑22.32) (from Ch. 122, par. 10‑22.32)
Sec. 10‑22.32.
To authorize the advancement to school board members
the anticipated actual and necessary expenses incurred
in attending the following
meetings:
1. Meetings sponsored by the State Board of Education or by the
regional superintendents of schools,
2. County or regional meetings and the annual meeting sponsored by
any school board association complying with the provisions of Article 23
of this Act, and
3. Meetings sponsored by a national organization in the field of
public school education.
The school board may advance to teachers and other certified
employees the anticipated actual and necessary expenses
incurred in attending
meetings which are related to that employee's duties and will contribute
to the professional development of that employee.
Such advanced actual and necessary expenses are those
reasonably anticipated to
be incurred on the days necessary for travel to and from and for
attendance at such meetings.
After a meeting for which money was advanced to a school board member
or teacher or other certified employee for actual and necessary expenses, such
member or employee shall submit an itemized verified expense voucher
showing the amount of his actual expenses. Receipts shall be attached
where possible. If the actual and necessary expenses exceed the amount
advanced, the member or employee shall be reimbursed for the amount not
advanced. If the actual and necessary expenses are less than the amount
advanced, the
member or employee shall refund the excess amount.
For purposes of this Section only, a person elected at the consolidated
election held in April of 1999 or April of 2001 to serve as a school board
member for a term commencing upon the termination of his or her predecessor's
term of office shall be deemed to be a school board member for whom moneys of
the school district may be advanced and expended under this Section in order to
provide, or to arrange for a school board association that complies with
Article
23 to provide, to that person, after he or she has been elected and before his
or her term of office as a school board member commences, training in matters
relating to the powers, duties, and responsibilities of school board
membership.
Notwithstanding any other provisions of this Section 10‑22.32, no
money for expenses shall be advanced nor shall any member or employee
be reimbursed, for any expenses incurred on behalf of any person other
than such member, employee, or person deemed to be a school board
member for purposes of this Section.
(Source: P.A. 90‑637, eff. 7‑24‑98.)
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(105 ILCS 5/10‑22.33) (from Ch. 122, par. 10‑22.33)
Sec. 10‑22.33.
Interfund loans.
To authorize the treasurer to make interfund
loans from (1) the operations and maintenance fund to the educational fund or
fire prevention and safety fund, or (2) from the educational fund to the
operations and maintenance fund or fire prevention and safety fund, or (3) from
the operations and maintenance or educational fund to the transportation fund,
or (4) from the transportation fund to the operations and maintenance,
educational, or fire prevention and safety fund and to make the necessary
transfers on his books, but such loans shall be repaid and retransferred to the
proper fund within 3 years. In case such repayment is not made within 3 years
the regional superintendent shall withhold further payments on claims
authorized by Article 18 of this Act until repayment is made.
(Source: P.A. 89‑3, eff. 2‑27‑95.)
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(105 ILCS 5/10‑22.33A) (from Ch. 122, par. 10‑22.33A)
Sec. 10‑22.33A.
Summer school.
During that period of the calendar
year not embraced within the regular school term to provide and conduct
courses in subject matters normally embraced in the program of the
schools during the regular school term, to fix and collect a charge for
attendance at such courses in an amount not to exceed the per capita
cost of the operation thereof, except that the board may waive all or
part of such charges if it determines that the family of an individual
pupil is indigent or that the educational needs of the pupil require his
attendance at such courses, and to give regular school credit for
satisfactory completion by the student of such courses as may be
approved for credit by the State Board of Education.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑22.33B)
Sec. 10‑22.33B.
Summer school; required attendance.
To conduct a high
quality summer school program for those resident students identified by the
school district as being academically at risk in such critical subject areas as
language arts (reading and writing) and mathematics who will be entering any of
the school district's grades for the next school term and to require attendance
at such program by such students who have not been identified as disabled under
Article 14, but who meet criteria established under this Section. Summer
school programs established under this Section shall be
designed to raise the level of achievement and improve opportunities for
success in subsequent grade levels of those students required to attend. The
parent or guardian of any student required to attend summer school shall be
given written notice from the school district requiring attendance not later
than the close of the school term which immediately precedes the required
summer school program.
(Source: P.A. 89‑610, eff. 8‑6‑96.)
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(105 ILCS 5/10‑22.34) (from Ch. 122, par. 10‑22.34)
Sec. 10‑22.34.
Non‑certificated personnel.
(a) School Boards may employ non‑teaching personnel or utilize volunteer
personnel for: (1) non‑teaching duties not requiring instructional
judgment or evaluation of pupils; and (2) supervising study halls, long
distance teaching reception areas used incident to instructional programs
transmitted by electronic media such as computers, video, and audio,
and detention and discipline areas, and school‑sponsored extracurricular
activities.
(b) School boards may further utilize volunteer non‑certificated
personnel or employ non‑certificated personnel to assist in the
instruction of pupils under the immediate supervision of a teacher,
holding a valid certificate, directly engaged in teaching subject matter
or conducting activities. The teacher shall be continuously aware of the
non‑certificated persons' activities and shall be able to control or
modify them. The State Board of Education, in consultation
with the State Teacher Certification Board, shall determine
qualifications of such personnel and shall prescribe rules for
determining the duties and activities to be assigned to such personnel.
In the determination of qualifications of such personnel, the State Board
of Education shall accept coursework earned in a recognized institution
or from an institution of higher learning accredited by the North Central
Association or other comparable regional accrediting association and shall
accept qualifications based on relevant life experiences as determined by the
State Board of Education by rule.
(b‑5) A school board may utilize volunteer personnel from a
regional School Crisis Assistance Team (S.C.A.T.), created as part of the
Safe to Learn Program established pursuant to Section 25 of the Illinois
Violence Prevention Act of 1995, to provide assistance to schools in times
of violence or other traumatic incidents within a school community by
providing crisis intervention services to lessen the effects of emotional
trauma on individuals and the community. The School Crisis Assistance
Team Steering Committee shall determine the qualifications for
volunteers.
(c) School boards may also employ students holding a bachelor's degree
from a recognized institution of higher learning as teaching
interns when such students are enrolled in a college or university
internship program, which has prior approval by
the State Board of Education,
in consultation with the State Teacher Certification
Board, leading to a masters degree.
Regional offices of education have the authority to initiate and
collaborate with institutions of higher learning to establish internship
programs referenced in this subsection (c). The State Board of Education
has 90 days from receiving a written proposal to establish the internship
program to seek the State Teacher Certification Board's consultation on
the internship program. If the State Board of Education does not consult
the State Teacher Certification Board within 90 days, the regional office
of education may seek the State Teacher Certification Board's
consultation without the State Board of Education's approval.
(d) Nothing in this Section shall require constant supervision of a
student teacher enrolled in a student teaching course at a college or
university, provided such activity has the prior approval of the
representative of the higher education institution and teaching plans
have previously been discussed with and approved by the supervising
teacher and further provided that such teaching is within guidelines
established by the State Board of Education in consultation
with the State Teacher Certification Board.
(Source: P.A. 92‑200, eff. 1‑1‑02; 92‑724, eff. 7‑25‑02; 93‑332, eff. 1‑1‑04.)
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(105 ILCS 5/10‑22.34a) (from Ch. 122, par. 10‑22.34a)
Sec. 10‑22.34a.
Supervision of non‑academic activities.
To designate non‑certificated persons of good character to serve as
supervisors, chaperones or sponsors, either on a voluntary or on a
compensated basis, for school activities not connected with the academic
program of the schools.
(Source: Laws 1967, p. 1029.)
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(105 ILCS 5/10‑22.34b) (from Ch. 122, par. 10‑22.34b)
Sec. 10‑22.34b.
Utilization of noncertificated personnel.
To utilize noncertificated persons, under the direction of a
certificated teacher, for providing specialized instruction related to a
course assigned to the certificated teacher on a regular basis, not
otherwise readily available in the immediate school environment, in the
fields for which they are particularly qualified by reason of their
specialized knowledge or skills. The duration of the instruction shall
be determined by the certificated teacher under whose direction the
program is conducted in view of the educational need to be satisfied.
Before a noncertificated person may be utilized for such specialized
instruction, the school board must secure the written approval of the regional
superintendent of schools as to the qualifications of the
particular noncertificated person, the particular instruction he is to
provide, the specific functions to be served, the total number of hours
he is to provide such instruction and any compensation to be paid that
person. The State Board of Education
shall prescribe, by
rule, criteria for determining qualifications of such persons and the
nature of specialized instruction for which, and the extent to which,
such persons may be used.
Nothing in this Section shall prevent the utilization of a person
with specialized knowledge or experiences as a guest lecturer or
resource person in the classroom under the direct supervision of a
certificated teacher assigned to the classroom on a regular basis, with
prior approval of the school administration.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑22.34c)
Sec. 10‑22.34c.
Third party non‑instructional services.
Notwithstanding any other law of this State, nothing in this Code prevents a
board of education from entering into a contract with a third party for
non‑instructional services currently performed by any employee or bargaining
unit member or from laying off those educational support personnel employees
upon 30 days
written notice to
the affected employees.
(Source: P.A. 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/10‑22.35) (from Ch. 122, par. 10‑22.35)
Sec. 10‑22.35.
Civil defense shelters.
To make school buildings available for use as civil defense shelters for
all persons; to cooperate with the Illinois Emergency Management Agency, local
organizations for civil defense, disaster relief organizations, including the
American Red Cross, and federal agencies concerned with civil
defense relative thereto, including, but not limited to, making space
available for the stocking of shelters with food and other provisions;
and to cooperate with such agencies and organizations in the use of other
resources, equipment, and facilities, and to cooperate with such agencies
and organizations in the construction of new buildings to the end that the
buildings be so designed that shelter facilities may be provided.
(Source: P.A. 93‑390, eff. 7‑25‑03.)
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(105 ILCS 5/10‑22.35A) (from Ch. 122, par. 10‑22.35A)
Sec. 10‑22.35A.
School sites and office facilities.
To buy sites for buildings for school purposes
with necessary ground, including sites purchased under Section
10‑22.31b, or to buy sites and facilities for school offices.
The purchase of such sites or office facilities may be by contract for
deed when the board deems such contract advantageous to the district,
but any such contract or any transaction arising out of such contract
may not exceed 10 years in length, and interest on the unpaid balance of
such contract may at no time exceed 6% per annum.
To take and purchase the site for a building for school purposes
either with or without the owner's consent by condemnation or otherwise.
To pay the amount of any award made by a jury in a condemnation
proceeding. To select and purchase all such sites and office facilities
desired without the submission of the question at any referendum, and to
enter into an option to purchase with respect to any such site or sites
and facilities for school offices.
(Source: P.A. 80‑1044.)
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(105 ILCS 5/10‑22.36) (from Ch. 122, par. 10‑22.36)
Sec. 10‑22.36.
Buildings for school purposes.
To build or purchase a building for school classroom or
instructional purposes upon the approval of a majority of the voters upon the
proposition at a referendum held for such purpose or in accordance with
Section 17‑2.11. The board may initiate such referendum by resolution.
The board shall certify the resolution and proposition to the proper
election authority for submission in accordance with the general election law.
The questions of building one or more new buildings for school
purposes or office facilities, and issuing bonds for the purpose of
borrowing money to purchase one or more buildings or sites for such
buildings or office sites, to build one or more new buildings for school
purposes or office facilities or to make additions and improvements to
existing school buildings, may be combined into one or more propositions
on the ballot.
Before erecting, or purchasing or remodeling such a building the
board shall submit the plans and specifications respecting heating,
ventilating, lighting, seating, water supply, toilets and safety against
fire to the regional superintendent of schools having supervision and
control over the district, for approval in accordance with Section 2‑3.12.
Notwithstanding any of the foregoing, no referendum shall be required
if the purchase, construction, or building of any
such
building is completed (1) while the building is being
leased by the school district or (2) with the expenditure of (A) funds
derived from the sale or disposition of other buildings, land, or
structures of the school district or (B) funds received (i) as a
grant under the
School Construction Law or (ii) as gifts or donations,
provided that no funds to complete such building, other than lease
payments, are
derived from the district's bonded indebtedness or the tax levy of
the
district.
(Source: P.A. 92‑127, eff. 1‑1‑02.)
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(105 ILCS 5/10‑22.36A) (from Ch. 122, par. 10‑22.36A)
Sec. 10‑22.36A.
Access Roads.
To lay out and construct any access road necessary to connect school
grounds, on which a new school is being or is about to be constructed, with
an improved road or highway. Such access road shall be considered a part of
the general construction of the school and such construction shall be
financed solely from funds derived from the sale of bonds.
(Source: P. A. 76‑1499.)
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(105 ILCS 5/10‑22.37) (from Ch. 122, par. 10‑22.37)
Sec. 10‑22.37.
Agreements with Teacher Training Institutions.
To enter into agreements with teacher training institutions to provide
facilities for student teaching in the schools of the district.
(Source: P.A. 76‑620.)
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(105 ILCS 5/10‑22.38) (from Ch. 122, par. 10‑22.38)
Sec. 10‑22.38.
Preschool children with disabilities.
Establish and maintain,
or to cooperate with other educational, governmental, social and
volunteer agencies in the establishment and carrying out of programs
designed to identify and ameliorate mental, emotional, physical and
social cultural disabilities in preschool age children below
the age of 3
that would prevent
such children from taking full advantage of regular school programs.
No school district is eligible for State reimbursement under Article 14
or Article 18 for programs provided to children with
disabilities under this Section.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(105 ILCS 5/10‑22.38a) (from Ch. 122, par. 10‑22.38a)
Sec. 10‑22.38a.
Bilingual programs.
To provide programs in a language other than English for those
children whose first language is other than English, subject to the
approval of the State Board of Education pursuant to Article
14C of The School Code. Upon approval of the program the School 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 5/10‑22.39) (from Ch. 122, par. 10‑22.39)
Sec. 10‑22.39.
In‑service training programs.
To conduct in‑service training programs for teachers. In addition to
other topics at such programs, 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 appropriate intervention and referral techniques.
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, and the availability of appropriate sources of
counseling and referral, and any other information that may be appropriate
considering the age and grade level of such pupils. The School Board shall
supervise such training. The State Board of Education and the Department
of Public Health shall jointly develop standards for such training.
(Source: P.A. 86‑900.)
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(105 ILCS 5/10‑22.40) (from Ch. 122, par. 10‑22.40)
Sec. 10‑22.40.
Membership dues.
To pay State and national association
membership dues to school associations which benefit students by participation
or accreditation. Any association subject to Article 23 of this Act must
be in current compliance with the reporting requirements of Section 23‑6
in order to qualify as a recipient of membership dues under this Section.
No dues may be paid to any association which has as one of its purposes
providing for athletic and other competition among schools and students
unless that association:
A. permits a post audit by the Auditor General under the Illinois
State Auditing Act;
B. submits an annual report to the State Board of Education dealing
with trends in female participation in athletic competition, including the
numbers of female and male participants from each member school and details
on programs by the association to increase female participation; and
C. is either subject to, or voluntarily complies with, the
public access provisions set forth for State agencies in Sections 3 and 4
of The State Records Act.
(Source: P.A. 84‑1308.)
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(105 ILCS 5/10‑22.40a) (from Ch. 122, par. 10‑22.40a)
Sec. 10‑22.40a.
Where a collective bargaining agreement is entered into
with an employee representative organization, the school board may include
in the agreement a provision requiring employees covered by the agreement
who are not members of the representative organization to pay their proportionate
share of the cost of the collective bargaining process and contract administration,
measured by the amount of dues uniformly required by members. In such case,
proportionate share payments shall be deducted by the board from the earnings
of the non‑member employees and paid to the representative organization.
(Source: P.A. 82‑107.)
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(105 ILCS 5/10‑22.41) (from Ch. 122, par. 10‑22.41)
Sec. 10‑22.41.
Placement of eligible children into corrective curriculum.
To place or by regulation to authorize the director of special education
to place, pursuant to procedures required in Article 14 of this
Act and rules and regulations promulgated by the State Board of Education,
eligible children into special education programs designed to benefit the
types of children defined in
Sections 14‑1.02 through 14‑1.07;
provided that children with disabilities who are
recommended to be placed
into regular education classrooms are provided with supplementary services
to assist the children with disabilities to benefit from
the regular education
classroom instruction and are included on the teacher's regular education
class register.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(105 ILCS 5/10‑22.42) (from Ch. 122, par. 10‑22.42)
Sec. 10‑22.42.
To contract with the corporate authorities of any municipality or the
county board of any county, as the case may be, to provide for the
regulation of traffic in parking areas of property used for school purposes
in such manner as is provided by Section 11‑209 of The Illinois Vehicle
Code.
(Source: P. A. 77‑1849.)
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(105 ILCS 5/10‑22.43) (from Ch. 122, par. 10‑22.43)
Sec. 10‑22.43.
Credit for Proficiency in Foreign Language.
To grant one year of high school foreign language credit to any student
who has graduated from an accredited elementary school and who can
demonstrate proficiency in a language other than English. For purposes of
this Section, proficiency in American Sign Language shall be deemed
proficiency in a foreign language for which one year of high school
foreign language credit may be granted. Proficiency shall
be determined by academic criteria acceptable to local school boards.
(Source: P.A. 86‑623.)
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(105 ILCS 5/10‑22.43a) (from Ch. 122, par. 10‑22.43a)
Sec. 10‑22.43a.
Foreign language credit.
To award or provide for the
awarding of high school credit to high school students who have studied
a foreign language in an approved ethnic school program. The amount of
credit awarded shall be roughly equivalent to the amount of credit the student
would have received if he or she had reached the same level of foreign language
proficiency at a public high school as he or she achieved at the ethnic
school. The school board may require a student seeking foreign language
credit under this Section to successfully complete a foreign language proficiency
examination.
(Source: P.A. 83‑794.)
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(105 ILCS 5/10‑22.44) (from Ch. 122, par. 10‑22.44)
Sec. 10‑22.44.
To transfer the interest earned from any moneys of the
district in the respective fund of the district that is most in need of such
interest income, as determined by the board. This Section does not apply to
any interest earned which has been earmarked or restricted by the board for a
designated purpose. This Section does not apply to any interest earned on any
funds for purposes of Illinois Municipal Retirement under the Pension Code,
Tort Immunity under the Local Governmental and Governmental Employees Tort
Immunity Act, Fire Prevention, Safety, Energy Conservation and School Security
Purposes under Section 17‑2.11, and Capital Improvements under Section 17‑2.3.
Interest earned on these exempted funds shall be used only for the purposes
authorized for the respective exempted funds from which the interest earnings
were derived.
(Source: P.A. 87‑984.)
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(105 ILCS 5/10‑22.45) (from Ch. 122, par. 10‑22.45)
Sec. 10‑22.45.
To establish an audit committee, and to appoint members
of the board or other appropriate officers to the committee, to review audit
reports and any other financial reports and documents, including management
letters prepared by or on behalf of the board.
(Source: P.A. 82‑644.)
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(105 ILCS 5/10‑23) (from Ch. 122, par. 10‑23)
Sec. 10‑23.
Additional powers of board.
Boards of education have the additional powers enumerated in Sections
10‑23.1 through 10‑23.12.
(Source: P.A. 84‑1308.)
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(105 ILCS 5/10‑23.1) (from Ch. 122, par. 10‑23.1)
Sec. 10‑23.1.
Residence for superintendent, principal or teachers.
To purchase a site, with or without a building or buildings thereon,
to build a house or houses on such site or to build a house or houses on
the school site of the school district, for residential purposes of the
superintendent, principal, or teachers of the school district, if
authorized by a majority of all votes cast on the proposition or
propositions at a regular scheduled election held
for the purpose in pursuance of a
petition signed by not fewer than 300 voters or by 1/5 of all the
voters of the district, whichever is lesser. Such referendum shall
be certified to the proper election authorities and submitted in accordance
with the general election law. When any of such property
is not needed for residential purposes by the superintendent, principal,
or teachers, the board of education may rent it to some other person or
persons.
(Source: P.A. 81‑1489.)
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(105 ILCS 5/10‑23.2) (from Ch. 122, par. 10‑23.2)
Sec. 10‑23.2.
Nursery schools.
In all districts maintaining grades 1 to 8 or 1 to 12, to establish
nursery schools for the instruction of children between the ages of 2 and 6
years, if, in its judgment public interest requires them and sufficient
funds obtained from local and federal sources other than local district
taxes are available to pay the necessary expenses thereof; provided, that
the school board shall at all times have complete jurisdiction and control
over such schools, including the employment of teachers, attendants and any
other employees, and shall have complete control of the expenditure of such
funds in connection with the establishment and maintenance of such schools.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑23.3) (from Ch. 122, par. 10‑23.3)
Sec. 10‑23.3.
Real estate for vocational and other training.
After
provision
has been made for the payment of all school expenses, to appropriate from
the educational fund school funds or to borrow funds for the purchase of
real estate and for the improvement by construction of buildings or other
structures, or improved real estate in a deteriorated or uninhabitable
condition,
for vocational and other educational training of pupils, and as incident
thereto and when authorized or requested by resolution adopted by the
affirmative vote of two‑thirds of the members of the school board, to acquire
title to the real estate in the name
of the school district
and sell and convey it; provided: that no such property shall be so bought
or used as a schoolhouse or for permanent use as school property; that such
property so purchased and improved shall be sold or otherwise disposed of
within 5 years from the date of its acquisition; that not more than one
piece of real estate to be improved and one piece of improved real state
in a deteriorated or uninhabitable condition may be so purchased for each
secondary school or area vocational center which offers vocational training
within the school district for any such purpose in any one calendar year,
unless additional properties are examined and approved by the Superintendent
of the Educational Service Region in the county in which the district is
located, for larger training programs necessitating more property to
accommodate
larger student enrollments; and that no such real estate may be acquired
for
any such purpose by means of eminent domain proceedings. If the school board
does not hold legal title to the school site or other school property that is
to be used for any purpose authorized by this Section, then
upon the
adoption of the resolution by 2/3 of the board members of the
district requesting
the conveyance of a school site or other school property or a portion thereof
the trustees of schools or other school official having legal title to such
property shall convey such property to such school district as provided in
Section 5‑21.
(Source: P.A. 88‑155.)
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(105 ILCS 5/10‑23.3a) (from Ch. 122, par. 10‑23.3a)
Sec. 10‑23.3a.
Conduct of business for vocational training.
To independently operate or cooperate with existing companies in the
operation of a business or businesses for the sole purpose of providing
training for students in vocational education programs. Any proceeds from
said operation shall be applied towards the costs of establishing and
maintaining these businesses. Regarding businesses with which the school
board cooperates in operating for vocational training purposes, the school
board shall receive a semi‑annual account from each cooperating company of
all costs and proceeds attributable to the student business‑training
program. Should the proceeds ever exceed the establishment and maintenance
costs, then that excess shall only be directed toward expanding
business‑operation training in vocational education programs.
(Source: P.A. 77‑664.)
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(105 ILCS 5/10‑23.4) (from Ch. 122, par. 10‑23.4)
Sec. 10‑23.4.
Purchase of school bus.
To purchase, maintain, repair and operate school buses and by resolution
of the board to enter into a contract for the purchase of buses to be paid
for within three years of the date of the resolution or over such longer
period of time as does not exceed the depreciable life of the vehicle.
(Source: P.A. 85‑1389.)
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(105 ILCS 5/10‑23.4a) (from Ch. 122, par. 10‑23.4a)
Sec. 10‑23.4a.
To enter into a lease for a period of not to exceed 5 years
for such equipment and machinery as may be required for corporate purposes
when authorized by the affirmative vote of two‑thirds of the members of the
board of education.
(Source: Laws 1961, p. 2890.)
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(105 ILCS 5/10‑23.5) (from Ch. 122, par. 10‑23.5)
Sec. 10‑23.5.
Educational support personnel employees.
To employ such
educational support personnel employees as it deems advisable and to define
their employment duties; provided that residency within any school district
shall not be considered in determining the employment or the compensation of
any such employee, or whether to retain, promote, assign or transfer such
employee. If an educational support personnel employee is removed or dismissed
as a result of a decision of the school board to decrease the number of
educational support personnel employees employed by the board or to discontinue
some particular type of educational support service, written notice shall be
mailed to the employee and also given the employee either by certified mail,
return receipt requested or personal delivery with receipt at least 30 days before the employee is removed or dismissed, together with a statement of honorable dismissal and the reason
therefor. The employee with the shorter length of continuing service with the
district, within the respective category of position, shall be dismissed first
unless an alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract between the
board and any exclusive bargaining agent and except that this provision shall
not impair the operation of any affirmative action program in the district,
regardless of whether it exists by operation of law or is conducted on a
voluntary basis by the board. If the board has any vacancies for the following
school term or within one calendar year from the beginning of the following
school term, the positions thereby becoming available within a specific
category of position shall be tendered to the employees so removed or dismissed
from that category of position, so far as they are qualified to hold such
positions. Each board shall, in consultation with any exclusive employee
representative or bargaining agent, each year establish a list, categorized
by positions, showing the length of continuing service of each full time
educational support personnel employee who is qualified to hold any such
positions, unless an alternative method of determining a sequence of dismissal
is established as
provided for in this Section, in which case a list shall be made in
accordance with the alternative method. Copies of the list shall be
distributed to the exclusive employee representative or bargaining agent on
or before February 1 of each year. Where an educational support personnel
employee is dismissed by the board as a result of a
decrease in the number of employees or the discontinuance of the employee's
job, the employee shall be paid all earned compensation on or before the
third business day following his or her last day of employment.
The provisions of this amendatory Act of 1986 relating to residency
within any school district shall not apply to cities having a population
exceeding 500,000 inhabitants.
(Source: P.A. 89‑618, eff. 8‑9‑96; 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/10‑23.6) (from Ch. 122, par. 10‑23.6)
Sec. 10‑23.6.
Sites out of district.
A school district, including any special charter school district, having
100,000 or more inhabitants and maintaining grades 1 through 12 may acquire
a school site in any other school district which does not maintain a
recognized public high school, provided that such site lies within two
miles of the boundaries of such school district, and may build, operate and
maintain a school maintaining grades 9 through 12 upon any site so
acquired, and for these purposes may borrow money and issue bonds as
otherwise provided by law and charge and receive tuition for students
attending said school from any other school district, to the same effect as
if said school had been constructed within the boundaries of said school
district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/10‑23.7) (from Ch. 122, par. 10‑23.7)
Sec. 10‑23.7.
Special Charter district ‑ Adoption of Article 10.
This Article may be adopted by the electors of any special charter
school district, in the following manner:
The board of such district may, and upon petition of 10% of the
voters residing in such district, shall order submitted
to the voters of such
district the question whether Article 10 of the School Code shall be
adopted at a regular scheduled election to be held in accordance
with the general election law. The board shall certify the proposition to
the proper election authorities for submission to the electors.
If the vote is favorable to the adoption of this Article, the
transitional provisions of Section 10 of this Article shall apply as
though the effective date of this Act were the day of such referendum.
If the adoption of this Article is rejected, the proposition shall
not be resubmitted within 22 months.
(Source: P.A. 81‑1489.)
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(105 ILCS 5/10‑23.8) (from Ch. 122, par. 10‑23.8)
Sec. 10‑23.8.
Superintendent contracts.
After the effective date of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory Act, school
districts may only employ a superintendent under either a
contract for a period not exceeding one year or a
performance‑based
contract for a
period not exceeding 5 years.
Performance‑based contracts shall be linked to student
performance and academic improvement within the schools of the districts. No
performance‑based contract shall be extended or rolled‑over prior to
its scheduled expiration unless all the performance and improvement goals
contained
in the contract have been met. Each performance‑based contract
shall include the goals and indicators of student performance and academic
improvement determined and used by the local school board to measure the
performance and effectiveness of the superintendent and such other information
as the local school board may determine.
By accepting the terms of a multi‑year contract, the
superintendent waives all rights granted him or her under Sections
24‑11 through 24‑16 of this Act only for the term of the multi‑year
contract. Upon acceptance of a multi‑year contract, the superintendent shall
not lose any previously acquired tenure credit with the district.
(Source: P.A. 90‑548, eff. 1‑1‑98; 91‑314, eff. 1‑1‑00.)
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(105 ILCS 5/10‑23.8a) (from Ch. 122, par. 10‑23.8a)
Sec. 10‑23.8a.
Principal and other administrator contracts.
After the effective date of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory Act, school
districts may only employ principals and other school administrators under either a
contract for a period not to exceed one year or a performance‑based contract for a period not to exceed 5
years.
Performance‑based contracts shall be linked to student
performance and academic improvement attributable to the responsibilities and
duties of the principal or administrator. No performance‑based
contract shall be extended or rolled‑over prior to its scheduled expiration
unless
all the performance and improvement goals contained in the contract have been
met.
Each performance‑based contract shall include the goals and
indicators of student performance and academic improvement determined and used
by the local school board to measure the performance and effectiveness of the
principal or other administrator and such other information as the local school
board may determine.
By accepting the terms of a multi‑year contract, the principal or
administrator waives
all rights granted him or her under Sections 24‑11 through 24‑16 of this
Act only for
the term of the multi‑year contract. Upon acceptance of a multi‑year
contract, the principal or administrator shall not lose any previously
acquired tenure credit with the district.
(Source: P.A. 90‑548, eff. 1‑1‑98; 91‑314, eff. 1‑1‑00.)
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(105 ILCS 5/10‑23.9) (from Ch. 122, par. 10‑23.9)
Sec. 10‑23.9.
Experiments in urban districts.
In school districts, including those governed by Article 34 of this
Act, having a weighted average daily attendance of 20,000 or more, to
enter into an agreement with the Department of Urban Education of the
State Board of Education to implement experiments
in local school governance, election and delegation of powers and duties
to local governing boards for such experiment groups, and the
implementation of an experiment in urban education for a 3 year period
beginning September 1, 1972, all pursuant to Section 2‑3.37 of this Act.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/10‑23.10) (from Ch. 122, par. 10‑23.10)
Sec. 10‑23.10.
(a) To sell or market any computer program developed
by an employee of the school district, provided that such employee developed
the computer program as a direct result of his or her duties with the
school district or through the utilization of the school district resources
or facilities. The employee who developed the computer program shall be
entitled to share in the proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the employee and the
school district shall be as agreed upon by the employee and the school
district, except that neither the employee nor the school district may receive more
than 90% of such proceeds. The negotiation for an employee who is represented
by an exclusive bargaining representative under Section 3‑14.24 may be
conducted by such bargaining representative at the employee's request.
(b) For the purposes of this Section:
(1) "Computer" means an internally programmed, general purpose digital
device capable of automatically accepting data, processing data and supplying
the results of the operation.
(2) "Computer program" means a series of coded instructions or statements
in a form acceptable to a computer, which causes the computer to process
data in order to achieve a certain result.
(3) "Proceeds" means profits derived from marketing or sale of a product
after deducting the expenses of developing and marketing such product.
(Source: P.A. 83‑797.)
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(105 ILCS 5/10‑23.11) (from Ch. 122, par. 10‑23.11)
Sec. 10‑23.11.
To accept payment for student fees and expenses through
the use of credit cards and to negotiate and execute such contracts as may
be necessary to accept such credit card payments.
In this context, "credit card" means any instrument or device, whether
known as a credit card, credit plate, charge plate or any other name,
issued with or without fee by an issuer for the use of the cardholder in
obtaining money, goods, services or anything else of value on credit or in
consideration of an undertaking or guaranty by the issuer of the payment of
a check drawn by the cardholder.
(Source: P.A. 84‑388.)
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(105 ILCS 5/10‑23.12) (from Ch. 122, par. 10‑23.12)
Sec. 10‑23.12.
To provide staff development for local
school site personnel who work with pupils in grades kindergarten through
8, in the detection, reporting and prevention of child abuse and neglect.
(Source: P.A. 84‑1308.)
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(105 ILCS 5/10‑27.1A)
Sec. 10‑27.1A.
Firearms in schools.
(a) All school officials, including teachers, guidance counselors, and
support staff, shall immediately notify the office of the principal in the
event that they observe any person in possession of a firearm on school
grounds; provided that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety, or welfare of
students who are under the direct supervision of the school official or the
school official. If the health, safety, or welfare of students under the
direct supervision of the school official or of the school official is
immediately endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision and he or she
are no longer under immediate danger. A report is not required by this Section
when the school official knows that the person in possession of the firearm is
a law enforcement official engaged in the conduct of his or her official
duties. Any school official acting in good faith who makes such a report under
this Section shall have immunity from any civil or criminal liability that
might otherwise be incurred as a result of making the report. The identity of
the school official making such report shall not be disclosed except as
expressly and specifically authorized by law. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or subsequent offense
is a Class C misdemeanor.
(b) Upon receiving a report from any school official pursuant to this
Section, or from any other person, the principal or his or her designee shall
immediately notify a local law enforcement agency. If the person found to be
in possession of a firearm on school grounds is a student, the principal or
his or her designee shall also immediately notify that student's parent or
guardian. Any principal or his or her designee acting in good faith who makes
such reports under this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a result of making
the reports. Knowingly and willfully failing to comply with this Section is a
petty offense. A second or subsequent offense is a Class C misdemeanor. If
the person found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor until such time as
the agency makes a determination pursuant to clause (a) of subsection (1) of
Section 5‑401 of the Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law enforcement
agency determines that probable cause exists to believe that the minor
committed a violation of item (4) of subsection (a) of Section 24‑1 of the
Criminal Code of 1961 while on school grounds, the agency shall detain the
minor for processing pursuant to Section 5‑407 of the Juvenile Court Act of
1987.
(c) 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 superintendent or his or her designee shall report all such
firearm‑related incidents occurring in a school or on school property to the
local law enforcement authorities immediately 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. The State Board of Education shall compile
this information by school district and make it available to the public.
(d) As used in this Section, the term "firearm" shall have the meaning
ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
As used in this Section, the term "school" means any public or private
elementary or secondary school.
As used in this Section, the term "school grounds" includes the real property
comprising any school, any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school‑related activity, or any
public way within 1,000 feet of the real property comprising any school.
(Source: P.A. 91‑11, eff. 6‑4‑99; 91‑491, eff. 8‑13‑99.)
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(105 ILCS 5/10‑28)
Sec. 10‑28.
Sharing information on school lunch applicants.
A school board shall, whenever requested by the Department of 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.
A school 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.)
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