Illinois 2023-2024 Regular Session

Illinois House Bill HB2233 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB2233 EngrossedLRB103 25477 RJT 51826 b HB2233 Engrossed LRB103 25477 RJT 51826 b
2		-	HB2233 Engrossed LRB103 25477 RJT 51826 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2233 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3 Amends the School Code. In provisions concerning the awarding of contracts by school boards, increases the contract value subject to competitive bid provisions to $35,000 (instead of $25,000). Provides that the value excepted for a single project is $70,000 (instead of $50,000). Makes related changes. LRB103 25477 RJT 51826 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2233 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3 105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3 Amends the School Code. In provisions concerning the awarding of contracts by school boards, increases the contract value subject to competitive bid provisions to $35,000 (instead of $25,000). Provides that the value excepted for a single project is $70,000 (instead of $50,000). Makes related changes. LRB103 25477 RJT 51826 b LRB103 25477 RJT 51826 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2233 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3 105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
	4	+	105 ILCS 5/10-20.21
	5	+	105 ILCS 5/34-18 from Ch. 122, par. 34-18
	6	+	105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
	7	+	Amends the School Code. In provisions concerning the awarding of contracts by school boards, increases the contract value subject to competitive bid provisions to $35,000 (instead of $25,000). Provides that the value excepted for a single project is $70,000 (instead of $50,000). Makes related changes.
	8	+	LRB103 25477 RJT 51826 b LRB103 25477 RJT 51826 b
	9	+	LRB103 25477 RJT 51826 b
	10	+	A BILL FOR
	11	+	HB2233LRB103 25477 RJT 51826 b HB2233 LRB103 25477 RJT 51826 b
	12	+	HB2233 LRB103 25477 RJT 51826 b
3	13		1 AN ACT concerning education.
4	14		2 Be it enacted by the People of the State of Illinois,
5	15		3 represented in the General Assembly:
6	16		4 Section 5. The School Code is amended by changing Sections
7	17		5 10-20.21, 34-18, and 34-21.3 as follows:
8	18		6 (105 ILCS 5/10-20.21)
9	19		7 Sec. 10-20.21. Contracts.
10	20		8 (a) To award all contracts for purchase of supplies and
11	21		9 materials or work involving an expenditure in excess of
12	22		10 $35,000 $25,000 or a lower amount as required by board policy
13	23		11 to the lowest responsible bidder, considering conformity with
14	24		12 specifications, terms of delivery, quality and serviceability,
15	25		13 after due advertisement, except the following:
16	26		14 (i) contracts for the services of individuals
17	27		15 possessing a high degree of professional skill where the
18	28		16 ability or fitness of the individual plays an important
19	29		17 part;
20	30		18 (ii) contracts for the printing of finance committee
21	31		19 reports and departmental reports;
22	32		20 (iii) contracts for the printing or engraving of
23	33		21 bonds, tax warrants and other evidences of indebtedness;
24	34		22 (iv) contracts for the purchase of perishable foods
25	35		23 and perishable beverages;
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	39	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2233 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
	40	+	105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3 105 ILCS 5/10-20.21 105 ILCS 5/34-18 from Ch. 122, par. 34-18 105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
	41	+	105 ILCS 5/10-20.21
	42	+	105 ILCS 5/34-18 from Ch. 122, par. 34-18
	43	+	105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
	44	+	Amends the School Code. In provisions concerning the awarding of contracts by school boards, increases the contract value subject to competitive bid provisions to $35,000 (instead of $25,000). Provides that the value excepted for a single project is $70,000 (instead of $50,000). Makes related changes.
	45	+	LRB103 25477 RJT 51826 b LRB103 25477 RJT 51826 b
	46	+	LRB103 25477 RJT 51826 b
	47	+	A BILL FOR
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	53	+	105 ILCS 5/10-20.21
	54	+	105 ILCS 5/34-18 from Ch. 122, par. 34-18
	55	+	105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
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34	74		1 (v) contracts for materials and work which have been
35	75		2 awarded to the lowest responsible bidder after due
36	76		3 advertisement, but due to unforeseen revisions, not the
37	77		4 fault of the contractor for materials and work, must be
38	78		5 revised causing expenditures not in excess of 10% of the
39	79		6 contract price;
40	80		7 (vi) contracts for the maintenance or servicing of, or
41	81		8 provision of repair parts for, equipment which are made
42	82		9 with the manufacturer or authorized service agent of that
43	83		10 equipment where the provision of parts, maintenance, or
44	84		11 servicing can best be performed by the manufacturer or
45	85		12 authorized service agent;
46	86		13 (vii) purchases and contracts for the use, purchase,
47	87		14 delivery, movement, or installation of data processing
48	88		15 equipment, software, or services and telecommunications
49	89		16 and interconnect equipment, software, and services;
50	90		17 (viii) contracts for duplicating machines and
51	91		18 supplies;
52	92		19 (ix) contracts for the purchase of fuel, including
53	93		20 diesel, gasoline, oil, aviation, natural gas, or propane,
54	94		21 lubricants, or other petroleum products;
55	95		22 (x) purchases of equipment previously owned by some
56	96		23 entity other than the district itself;
57	97		24 (xi) contracts for repair, maintenance, remodeling,
58	98		25 renovation, or construction, or a single project involving
59		-	26 an expenditure not to exceed $50,000 and not ~~involving a~~
	99	+	26 an expenditure not to exceed $70,000 $50,000 and not
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70		-	1 change or increase in the size, type, or ~~extent of an~~
71		-	2 existing facility;
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	110	+	1 involving a change or increase in the size, type, or
	111	+	2 extent of an existing facility;
72	112		3 (xii) contracts for goods or services procured from
73	113		4 another governmental agency;
74	114		5 (xiii) contracts for goods or services which are
75	115		6 economically procurable from only one source, such as for
76	116		7 the purchase of magazines, books, periodicals, pamphlets
77	117		8 and reports, and for utility services such as water,
78	118		9 light, heat, telephone or telegraph;
79	119		10 (xiv) where funds are expended in an emergency and
80	120		11 such emergency expenditure is approved by 3/4 of the
81	121		12 members of the board;
82	122		13 (xv) State master contracts authorized under Article
83	123		14 28A of this Code;
84	124		15 (xvi) contracts providing for the transportation of
85	125		16 pupils, which contracts must be advertised in the same
86	126		17 manner as competitive bids and awarded by first
87	127		18 considering the bidder or bidders most able to provide
88	128		19 safety and comfort for the pupils, stability of service,
89	129		20 and any other factors set forth in the request for
90	130		21 proposal regarding quality of service, and then price; and
91	131		22 (xvii) contracts for goods, services, or management in
92	132		23 the operation of a school's food service, including a
93	133		24 school that participates in any of the United States
94	134		25 Department of Agriculture's child nutrition programs if a
95	135		26 good faith effort is made on behalf of the school district
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106	146		1 to give preference to:
107	147		2 (1) contracts that procure food that promotes the
108	148		3 health and well-being of students, in compliance with
109	149		4 United States Department of Agriculture nutrition
110	150		5 standards for school meals. Contracts should also
111	151		6 promote the production of scratch made, minimally
112	152		7 processed foods;
113	153		8 (2) contracts that give a preference to State or
114	154		9 regional suppliers that source local food products;
115	155		10 (3) contracts that give a preference to food
116	156		11 suppliers that utilize producers that adopt hormone
117	157		12 and pest management practices recommended by the
118	158		13 United States Department of Agriculture;
119	159		14 (4) contracts that give a preference to food
120	160		15 suppliers that value animal welfare; and
121	161		16 (5) contracts that increase opportunities for
122	162		17 businesses owned and operated by minorities, women, or
123	163		18 persons with disabilities.
124	164		19 Food supplier data shall be submitted to the school
125	165		20 district at the time of the bid, to the best of the
126	166		21 bidder's ability, and updated annually thereafter during
127	167		22 the term of the contract. The contractor shall submit the
128	168		23 updated food supplier data. The data required under this
129	169		24 item (xvii) shall include the name and address of each
130	170		25 supplier, distributor, processor, and producer involved in
131	171		26 the provision of the products that the bidder is to
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142	182		1 supply.
143	183		2 However, at no time shall a cause of action lie against a
144	184		3 school board for awarding a pupil transportation contract per
145	185		4 the standards set forth in this subsection (a) unless the
146	186		5 cause of action is based on fraudulent conduct.
147	187		6 All competitive bids for contracts involving an
148	188		7 expenditure in excess of $35,000 $25,000 or a lower amount as
149	189		8 required by board policy must be sealed by the bidder and must
150	190		9 be opened by a member or employee of the school board at a
151	191		10 public bid opening at which the contents of the bids must be
152	192		11 announced. Each bidder must receive at least 3 days' notice of
153	193		12 the time and place of the bid opening. For purposes of this
154	194		13 Section due advertisement includes, but is not limited to, at
155	195		14 least one public notice at least 10 days before the bid date in
156	196		15 a newspaper published in the district, or if no newspaper is
157	197		16 published in the district, in a newspaper of general
158	198		17 circulation in the area of the district. State master
159	199		18 contracts and certified education purchasing contracts, as
160	200		19 defined in Article 28A of this Code, are not subject to the
161	201		20 requirements of this paragraph.
162	202		21 Under this Section, the acceptance of bids sealed by a
163	203		22 bidder and the opening of these bids at a public bid opening
164	204		23 may be permitted by an electronic process for communicating,
165	205		24 accepting, and opening competitive bids. An electronic bidding
166	206		25 process must provide for, but is not limited to, the following
167	207		26 safeguards:
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178	218		1 (1) On the date and time certain of a bid opening, the
179	219		2 primary person conducting the competitive, sealed,
180	220		3 electronic bid process shall log onto a specified database
181	221		4 using a unique username and password previously assigned
182	222		5 to the bidder to allow access to the bidder's specific bid
183	223		6 project number.
184	224		7 (2) The specified electronic database must be on a
185	225		8 network that (i) is in a secure environment behind a
186	226		9 firewall; (ii) has specific encryption tools; (iii)
187	227		10 maintains specific intrusion detection systems; (iv) has
188	228		11 redundant systems architecture with data storage back-up,
189	229		12 whether by compact disc or tape; and (v) maintains a
190	230		13 disaster recovery plan.
191	231		14 It is the legislative intent of Public Act 96-841 to maintain
192	232		15 the integrity of the sealed bidding process provided for in
193	233		16 this Section, to further limit any possibility of bid-rigging,
194	234		17 to reduce administrative costs to school districts, and to
195	235		18 effect efficiencies in communications with bidders.
196	236		19 (b) To require, as a condition of any contract for goods
197	237		20 and services, that persons bidding for and awarded a contract
198	238		21 and all affiliates of the person collect and remit Illinois
199	239		22 Use Tax on all sales of tangible personal property into the
200	240		23 State of Illinois in accordance with the provisions of the
201	241		24 Illinois Use Tax Act regardless of whether the person or
202	242		25 affiliate is a "retailer maintaining a place of business
203	243		26 within this State" as defined in Section 2 of the Use Tax Act.
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214	254		1 For purposes of this Section, the term "affiliate" means any
215	255		2 entity that (1) directly, indirectly, or constructively
216	256		3 controls another entity, (2) is directly, indirectly, or
217	257		4 constructively controlled by another entity, or (3) is subject
218	258		5 to the control of a common entity. For purposes of this
219	259		6 subsection (b), an entity controls another entity if it owns,
220	260		7 directly or individually, more than 10% of the voting
221	261		8 securities of that entity. As used in this subsection (b), the
222	262		9 term "voting security" means a security that (1) confers upon
223	263		10 the holder the right to vote for the election of members of the
224	264		11 board of directors or similar governing body of the business
225	265		12 or (2) is convertible into, or entitles the holder to receive
226	266		13 upon its exercise, a security that confers such a right to
227	267		14 vote. A general partnership interest is a voting security.
228	268		15 To require that bids and contracts include a certification
229	269		16 by the bidder or contractor that the bidder or contractor is
230	270		17 not barred from bidding for or entering into a contract under
231	271		18 this Section and that the bidder or contractor acknowledges
232	272		19 that the school board may declare the contract void if the
233	273		20 certification completed pursuant to this subsection (b) is
234	274		21 false.
235	275		22 (b-5) To require all contracts and agreements that pertain
236	276		23 to goods and services and that are intended to generate
237	277		24 additional revenue and other remunerations for the school
238	278		25 district in excess of $1,000, including without limitation
239	279		26 vending machine contracts, sports and other attire, class
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250	290		1 rings, and photographic services, to be approved by the school
251	291		2 board. The school board shall file as an attachment to its
252	292		3 annual budget a report, in a form as determined by the State
253	293		4 Board of Education, indicating for the prior year the name of
254	294		5 the vendor, the product or service provided, and the actual
255	295		6 net revenue and non-monetary remuneration from each of the
256	296		7 contracts or agreements. In addition, the report shall
257	297		8 indicate for what purpose the revenue was used and how and to
258	298		9 whom the non-monetary remuneration was distributed.
259	299		10 (b-10) To prohibit any contract to purchase food with a
260	300		11 bidder or offeror if the bidder's or offeror's contract terms
261	301		12 prohibit the school from donating food to food banks,
262	302		13 including, but not limited to, homeless shelters, food
263	303		14 pantries, and soup kitchens.
264	304		15 (c) If the State education purchasing entity creates a
265	305		16 master contract as defined in Article 28A of this Code, then
266	306		17 the State education purchasing entity shall notify school
267	307		18 districts of the existence of the master contract.
268	308		19 (d) In purchasing supplies, materials, equipment, or
269	309		20 services that are not subject to subsection (c) of this
270	310		21 Section, before a school district solicits bids or awards a
271	311		22 contract, the district may review and consider as a bid under
272	312		23 subsection (a) of this Section certified education purchasing
273	313		24 contracts that are already available through the State
274	314		25 education purchasing entity.
275	315		26 (Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20;
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286	326		1 102-1101, eff. 6-29-22.)
287	327		2 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
288	328		3 Sec. 34-18. Powers of the board. The board shall exercise
289	329		4 general supervision and jurisdiction over the public education
290	330		5 and the public school system of the city, and, except as
291	331		6 otherwise provided by this Article, shall have power:
292	332		7 1. To make suitable provision for the establishment
293	333		8 and maintenance throughout the year or for such portion
294	334		9 thereof as it may direct, not less than 9 months and in
295	335		10 compliance with Section 10-19.05, of schools of all grades
296	336		11 and kinds, including normal schools, high schools, night
297	337		12 schools, schools for defectives and delinquents, parental
298	338		13 and truant schools, schools for the blind, the deaf, and
299	339		14 persons with physical disabilities, schools or classes in
300	340		15 manual training, constructural and vocational teaching,
301	341		16 domestic arts, and physical culture, vocation and
302	342		17 extension schools and lecture courses, and all other
303	343		18 educational courses and facilities, including
304	344		19 establishing, equipping, maintaining and operating
305	345		20 playgrounds and recreational programs, when such programs
306	346		21 are conducted in, adjacent to, or connected with any
307	347		22 public school under the general supervision and
308	348		23 jurisdiction of the board; provided that the calendar for
309	349		24 the school term and any changes must be submitted to and
310	350		25 approved by the State Board of Education before the
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321	361		1 calendar or changes may take effect, and provided that in
322	362		2 allocating funds from year to year for the operation of
323	363		3 all attendance centers within the district, the board
324	364		4 shall ensure that supplemental general State aid or
325	365		5 supplemental grant funds are allocated and applied in
326	366		6 accordance with Section 18-8, 18-8.05, or 18-8.15. To
327	367		7 admit to such schools without charge foreign exchange
328	368		8 students who are participants in an organized exchange
329	369		9 student program which is authorized by the board. The
330	370		10 board shall permit all students to enroll in
331	371		11 apprenticeship programs in trade schools operated by the
332	372		12 board, whether those programs are union-sponsored or not.
333	373		13 No student shall be refused admission into or be excluded
334	374		14 from any course of instruction offered in the common
335	375		15 schools by reason of that student's sex. No student shall
336	376		16 be denied equal access to physical education and
337	377		17 interscholastic athletic programs supported from school
338	378		18 district funds or denied participation in comparable
339	379		19 physical education and athletic programs solely by reason
340	380		20 of the student's sex. Equal access to programs supported
341	381		21 from school district funds and comparable programs will be
342	382		22 defined in rules promulgated by the State Board of
343	383		23 Education in consultation with the Illinois High School
344	384		24 Association. Notwithstanding any other provision of this
345	385		25 Article, neither the board of education nor any local
346	386		26 school council or other school official shall recommend
347	387
348	388
349	389
350	390
351	391
352		-	HB2233 ~~Engrossed~~ - 10 - LRB103 25477 RJT 51826 b
	392	+	HB2233 - 10 - LRB103 25477 RJT 51826 b
353	393
354	394
355		-	HB2233 ~~Engrossed~~- 11 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 11 - LRB103 25477 RJT 51826 b
356		-	HB2233 ~~Engrossed~~ - 11 - LRB103 25477 RJT 51826 b
	395	+	HB2233- 11 -LRB103 25477 RJT 51826 b HB2233 - 11 - LRB103 25477 RJT 51826 b
	396	+	HB2233 - 11 - LRB103 25477 RJT 51826 b
357	397		1 that children with disabilities be placed into regular
358	398		2 education classrooms unless those children with
359	399		3 disabilities are provided with supplementary services to
360	400		4 assist them so that they benefit from the regular
361	401		5 classroom instruction and are included on the teacher's
362	402		6 regular education class register;
363	403		7 2. To furnish lunches to pupils, to make a reasonable
364	404		8 charge therefor, and to use school funds for the payment
365	405		9 of such expenses as the board may determine are necessary
366	406		10 in conducting the school lunch program;
367	407		11 3. To co-operate with the circuit court;
368	408		12 4. To make arrangements with the public or
369	409		13 quasi-public libraries and museums for the use of their
370	410		14 facilities by teachers and pupils of the public schools;
371	411		15 5. To employ dentists and prescribe their duties for
372	412		16 the purpose of treating the pupils in the schools, but
373	413		17 accepting such treatment shall be optional with parents or
374	414		18 guardians;
375	415		19 6. To grant the use of assembly halls and classrooms
376	416		20 when not otherwise needed, including light, heat, and
377	417		21 attendants, for free public lectures, concerts, and other
378	418		22 educational and social interests, free of charge, under
379	419		23 such provisions and control as the principal of the
380	420		24 affected attendance center may prescribe;
381	421		25 7. To apportion the pupils to the several schools;
382	422		26 provided that no pupil shall be excluded from or
383	423
384	424
385	425
386	426
387	427
388		-	HB2233 ~~Engrossed~~ - 11 - LRB103 25477 RJT 51826 b
	428	+	HB2233 - 11 - LRB103 25477 RJT 51826 b
389	429
390	430
391		-	HB2233 ~~Engrossed~~- 12 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 12 - LRB103 25477 RJT 51826 b
392		-	HB2233 ~~Engrossed~~ - 12 - LRB103 25477 RJT 51826 b
	431	+	HB2233- 12 -LRB103 25477 RJT 51826 b HB2233 - 12 - LRB103 25477 RJT 51826 b
	432	+	HB2233 - 12 - LRB103 25477 RJT 51826 b
393	433		1 segregated in any such school on account of his color,
394	434		2 race, sex, or nationality. The board shall take into
395	435		3 consideration the prevention of segregation and the
396	436		4 elimination of separation of children in public schools
397	437		5 because of color, race, sex, or nationality. Except that
398	438		6 children may be committed to or attend parental and social
399	439		7 adjustment schools established and maintained either for
400	440		8 boys or girls only. All records pertaining to the
401	441		9 creation, alteration or revision of attendance areas shall
402	442		10 be open to the public. Nothing herein shall limit the
403	443		11 board's authority to establish multi-area attendance
404	444		12 centers or other student assignment systems for
405	445		13 desegregation purposes or otherwise, and to apportion the
406	446		14 pupils to the several schools. Furthermore, beginning in
407	447		15 school year 1994-95, pursuant to a board plan adopted by
408	448		16 October 1, 1993, the board shall offer, commencing on a
409	449		17 phased-in basis, the opportunity for families within the
410	450		18 school district to apply for enrollment of their children
411	451		19 in any attendance center within the school district which
412	452		20 does not have selective admission requirements approved by
413	453		21 the board. The appropriate geographical area in which such
414	454		22 open enrollment may be exercised shall be determined by
415	455		23 the board of education. Such children may be admitted to
416	456		24 any such attendance center on a space available basis
417	457		25 after all children residing within such attendance
418	458		26 center's area have been accommodated. If the number of
419	459
420	460
421	461
422	462
423	463
424		-	HB2233 ~~Engrossed~~ - 12 - LRB103 25477 RJT 51826 b
	464	+	HB2233 - 12 - LRB103 25477 RJT 51826 b
425	465
426	466
427		-	HB2233 ~~Engrossed~~- 13 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 13 - LRB103 25477 RJT 51826 b
428		-	HB2233 ~~Engrossed~~ - 13 - LRB103 25477 RJT 51826 b
	467	+	HB2233- 13 -LRB103 25477 RJT 51826 b HB2233 - 13 - LRB103 25477 RJT 51826 b
	468	+	HB2233 - 13 - LRB103 25477 RJT 51826 b
429	469		1 applicants from outside the attendance area exceed the
430	470		2 space available, then successful applicants shall be
431	471		3 selected by lottery. The board of education's open
432	472		4 enrollment plan must include provisions that allow
433	473		5 low-income students to have access to transportation
434	474		6 needed to exercise school choice. Open enrollment shall be
435	475		7 in compliance with the provisions of the Consent Decree
436	476		8 and Desegregation Plan cited in Section 34-1.01;
437	477		9 8. To approve programs and policies for providing
438	478		10 transportation services to students. Nothing herein shall
439	479		11 be construed to permit or empower the State Board of
440	480		12 Education to order, mandate, or require busing or other
441	481		13 transportation of pupils for the purpose of achieving
442	482		14 racial balance in any school;
443	483		15 9. Subject to the limitations in this Article, to
444	484		16 establish and approve system-wide curriculum objectives
445	485		17 and standards, including graduation standards, which
446	486		18 reflect the multi-cultural diversity in the city and are
447	487		19 consistent with State law, provided that for all purposes
448	488		20 of this Article courses or proficiency in American Sign
449	489		21 Language shall be deemed to constitute courses or
450	490		22 proficiency in a foreign language; and to employ
451	491		23 principals and teachers, appointed as provided in this
452	492		24 Article, and fix their compensation. The board shall
453	493		25 prepare such reports related to minimal competency testing
454	494		26 as may be requested by the State Board of Education and, in
455	495
456	496
457	497
458	498
459	499
460		-	HB2233 ~~Engrossed~~ - 13 - LRB103 25477 RJT 51826 b
	500	+	HB2233 - 13 - LRB103 25477 RJT 51826 b
461	501
462	502
463		-	HB2233 ~~Engrossed~~- 14 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 14 - LRB103 25477 RJT 51826 b
464		-	HB2233 ~~Engrossed~~ - 14 - LRB103 25477 RJT 51826 b
	503	+	HB2233- 14 -LRB103 25477 RJT 51826 b HB2233 - 14 - LRB103 25477 RJT 51826 b
	504	+	HB2233 - 14 - LRB103 25477 RJT 51826 b
465	505		1 addition, shall monitor and approve special education and
466	506		2 bilingual education programs and policies within the
467	507		3 district to ensure that appropriate services are provided
468	508		4 in accordance with applicable State and federal laws to
469	509		5 children requiring services and education in those areas;
470	510		6 10. To employ non-teaching personnel or utilize
471	511		7 volunteer personnel for: (i) non-teaching duties not
472	512		8 requiring instructional judgment or evaluation of pupils,
473	513		9 including library duties; and (ii) supervising study
474	514		10 halls, long distance teaching reception areas used
475	515		11 incident to instructional programs transmitted by
476	516		12 electronic media such as computers, video, and audio,
477	517		13 detention and discipline areas, and school-sponsored
478	518		14 extracurricular activities. The board may further utilize
479	519		15 volunteer nonlicensed personnel or employ nonlicensed
480	520		16 personnel to assist in the instruction of pupils under the
481	521		17 immediate supervision of a teacher holding a valid
482	522		18 educator license, directly engaged in teaching subject
483	523		19 matter or conducting activities; provided that the teacher
484	524		20 shall be continuously aware of the nonlicensed persons'
485	525		21 activities and shall be able to control or modify them.
486	526		22 The general superintendent shall determine qualifications
487	527		23 of such personnel and shall prescribe rules for
488	528		24 determining the duties and activities to be assigned to
489	529		25 such personnel;
490	530		26 10.5. To utilize volunteer personnel from a regional
491	531
492	532
493	533
494	534
495	535
496		-	HB2233 ~~Engrossed~~ - 14 - LRB103 25477 RJT 51826 b
	536	+	HB2233 - 14 - LRB103 25477 RJT 51826 b
497	537
498	538
499		-	HB2233 ~~Engrossed~~- 15 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 15 - LRB103 25477 RJT 51826 b
500		-	HB2233 ~~Engrossed~~ - 15 - LRB103 25477 RJT 51826 b
	539	+	HB2233- 15 -LRB103 25477 RJT 51826 b HB2233 - 15 - LRB103 25477 RJT 51826 b
	540	+	HB2233 - 15 - LRB103 25477 RJT 51826 b
501	541		1 School Crisis Assistance Team (S.C.A.T.), created as part
502	542		2 of the Safe to Learn Program established pursuant to
503	543		3 Section 25 of the Illinois Violence Prevention Act of
504	544		4 1995, to provide assistance to schools in times of
505	545		5 violence or other traumatic incidents within a school
506	546		6 community by providing crisis intervention services to
507	547		7 lessen the effects of emotional trauma on individuals and
508	548		8 the community; the School Crisis Assistance Team Steering
509	549		9 Committee shall determine the qualifications for
510	550		10 volunteers;
511	551		11 11. To provide television studio facilities in not to
512	552		12 exceed one school building and to provide programs for
513	553		13 educational purposes, provided, however, that the board
514	554		14 shall not construct, acquire, operate, or maintain a
515	555		15 television transmitter; to grant the use of its studio
516	556		16 facilities to a licensed television station located in the
517	557		17 school district; and to maintain and operate not to exceed
518	558		18 one school radio transmitting station and provide programs
519	559		19 for educational purposes;
520	560		20 12. To offer, if deemed appropriate, outdoor education
521	561		21 courses, including field trips within the State of
522	562		22 Illinois, or adjacent states, and to use school
523	563		23 educational funds for the expense of the said outdoor
524	564		24 educational programs, whether within the school district
525	565		25 or not;
526	566		26 13. During that period of the calendar year not
527	567
528	568
529	569
530	570
531	571
532		-	HB2233 ~~Engrossed~~ - 15 - LRB103 25477 RJT 51826 b
	572	+	HB2233 - 15 - LRB103 25477 RJT 51826 b
533	573
534	574
535		-	HB2233 ~~Engrossed~~- 16 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 16 - LRB103 25477 RJT 51826 b
536		-	HB2233 ~~Engrossed~~ - 16 - LRB103 25477 RJT 51826 b
	575	+	HB2233- 16 -LRB103 25477 RJT 51826 b HB2233 - 16 - LRB103 25477 RJT 51826 b
	576	+	HB2233 - 16 - LRB103 25477 RJT 51826 b
537	577		1 embraced within the regular school term, to provide and
538	578		2 conduct courses in subject matters normally embraced in
539	579		3 the program of the schools during the regular school term
540	580		4 and to give regular school credit for satisfactory
541	581		5 completion by the student of such courses as may be
542	582		6 approved for credit by the State Board of Education;
543	583		7 14. To insure against any loss or liability of the
544	584		8 board, the former School Board Nominating Commission,
545	585		9 Local School Councils, the Chicago Schools Academic
546	586		10 Accountability Council, or the former Subdistrict Councils
547	587		11 or of any member, officer, agent, or employee thereof,
548	588		12 resulting from alleged violations of civil rights arising
549	589		13 from incidents occurring on or after September 5, 1967 or
550	590		14 from the wrongful or negligent act or omission of any such
551	591		15 person whether occurring within or without the school
552	592		16 premises, provided the officer, agent, or employee was, at
553	593		17 the time of the alleged violation of civil rights or
554	594		18 wrongful act or omission, acting within the scope of his
555	595		19 or her employment or under direction of the board, the
556	596		20 former School Board Nominating Commission, the Chicago
557	597		21 Schools Academic Accountability Council, Local School
558	598		22 Councils, or the former Subdistrict Councils; and to
559	599		23 provide for or participate in insurance plans for its
560	600		24 officers and employees, including, but not limited to,
561	601		25 retirement annuities, medical, surgical and
562	602		26 hospitalization benefits in such types and amounts as may
563	603
564	604
565	605
566	606
567	607
568		-	HB2233 ~~Engrossed~~ - 16 - LRB103 25477 RJT 51826 b
	608	+	HB2233 - 16 - LRB103 25477 RJT 51826 b
569	609
570	610
571		-	HB2233 ~~Engrossed~~- 17 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 17 - LRB103 25477 RJT 51826 b
572		-	HB2233 ~~Engrossed~~ - 17 - LRB103 25477 RJT 51826 b
	611	+	HB2233- 17 -LRB103 25477 RJT 51826 b HB2233 - 17 - LRB103 25477 RJT 51826 b
	612	+	HB2233 - 17 - LRB103 25477 RJT 51826 b
573	613		1 be determined by the board; provided, however, that the
574	614		2 board shall contract for such insurance only with an
575	615		3 insurance company authorized to do business in this State.
576	616		4 Such insurance may include provision for employees who
577	617		5 rely on treatment by prayer or spiritual means alone for
578	618		6 healing, in accordance with the tenets and practice of a
579	619		7 recognized religious denomination;
580	620		8 15. To contract with the corporate authorities of any
581	621		9 municipality or the county board of any county, as the
582	622		10 case may be, to provide for the regulation of traffic in
583	623		11 parking areas of property used for school purposes, in
584	624		12 such manner as is provided by Section 11-209 of the
585	625		13 Illinois Vehicle Code;
586	626		14 16. (a) To provide, on an equal basis, access to a high
587	627		15 school campus and student directory information to the
588	628		16 official recruiting representatives of the armed forces of
589	629		17 Illinois and the United States for the purposes of
590	630		18 informing students of the educational and career
591	631		19 opportunities available in the military if the board has
592	632		20 provided such access to persons or groups whose purpose is
593	633		21 to acquaint students with educational or occupational
594	634		22 opportunities available to them. The board is not required
595	635		23 to give greater notice regarding the right of access to
596	636		24 recruiting representatives than is given to other persons
597	637		25 and groups. In this paragraph 16, "directory information"
598	638		26 means a high school student's name, address, and telephone
599	639
600	640
601	641
602	642
603	643
604		-	HB2233 ~~Engrossed~~ - 17 - LRB103 25477 RJT 51826 b
	644	+	HB2233 - 17 - LRB103 25477 RJT 51826 b
605	645
606	646
607		-	HB2233 ~~Engrossed~~- 18 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 18 - LRB103 25477 RJT 51826 b
608		-	HB2233 ~~Engrossed~~ - 18 - LRB103 25477 RJT 51826 b
	647	+	HB2233- 18 -LRB103 25477 RJT 51826 b HB2233 - 18 - LRB103 25477 RJT 51826 b
	648	+	HB2233 - 18 - LRB103 25477 RJT 51826 b
609	649		1 number.
610	650		2 (b) If a student or his or her parent or guardian
611	651		3 submits a signed, written request to the high school
612	652		4 before the end of the student's sophomore year (or if the
613	653		5 student is a transfer student, by another time set by the
614	654		6 high school) that indicates that the student or his or her
615	655		7 parent or guardian does not want the student's directory
616	656		8 information to be provided to official recruiting
617	657		9 representatives under subsection (a) of this Section, the
618	658		10 high school may not provide access to the student's
619	659		11 directory information to these recruiting representatives.
620	660		12 The high school shall notify its students and their
621	661		13 parents or guardians of the provisions of this subsection
622	662		14 (b).
623	663		15 (c) A high school may require official recruiting
624	664		16 representatives of the armed forces of Illinois and the
625	665		17 United States to pay a fee for copying and mailing a
626	666		18 student's directory information in an amount that is not
627	667		19 more than the actual costs incurred by the high school.
628	668		20 (d) Information received by an official recruiting
629	669		21 representative under this Section may be used only to
630	670		22 provide information to students concerning educational and
631	671		23 career opportunities available in the military and may not
632	672		24 be released to a person who is not involved in recruiting
633	673		25 students for the armed forces of Illinois or the United
634	674		26 States;
635	675
636	676
637	677
638	678
639	679
640		-	HB2233 ~~Engrossed~~ - 18 - LRB103 25477 RJT 51826 b
	680	+	HB2233 - 18 - LRB103 25477 RJT 51826 b
641	681
642	682
643		-	HB2233 ~~Engrossed~~- 19 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 19 - LRB103 25477 RJT 51826 b
644		-	HB2233 ~~Engrossed~~ - 19 - LRB103 25477 RJT 51826 b
	683	+	HB2233- 19 -LRB103 25477 RJT 51826 b HB2233 - 19 - LRB103 25477 RJT 51826 b
	684	+	HB2233 - 19 - LRB103 25477 RJT 51826 b
645	685		1 17. (a) To sell or market any computer program
646	686		2 developed by an employee of the school district, provided
647	687		3 that such employee developed the computer program as a
648	688		4 direct result of his or her duties with the school
649	689		5 district or through the utilization of school district
650	690		6 resources or facilities. The employee who developed the
651	691		7 computer program shall be entitled to share in the
652	692		8 proceeds of such sale or marketing of the computer
653	693		9 program. The distribution of such proceeds between the
654	694		10 employee and the school district shall be as agreed upon
655	695		11 by the employee and the school district, except that
656	696		12 neither the employee nor the school district may receive
657	697		13 more than 90% of such proceeds. The negotiation for an
658	698		14 employee who is represented by an exclusive bargaining
659	699		15 representative may be conducted by such bargaining
660	700		16 representative at the employee's request.
661	701		17 (b) For the purpose of this paragraph 17:
662	702		18 (1) "Computer" means an internally programmed,
663	703		19 general purpose digital device capable of
664	704		20 automatically accepting data, processing data and
665	705		21 supplying the results of the operation.
666	706		22 (2) "Computer program" means a series of coded
667	707		23 instructions or statements in a form acceptable to a
668	708		24 computer, which causes the computer to process data in
669	709		25 order to achieve a certain result.
670	710		26 (3) "Proceeds" means profits derived from the
671	711
672	712
673	713
674	714
675	715
676		-	HB2233 ~~Engrossed~~ - 19 - LRB103 25477 RJT 51826 b
	716	+	HB2233 - 19 - LRB103 25477 RJT 51826 b
677	717
678	718
679		-	HB2233 ~~Engrossed~~- 20 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 20 - LRB103 25477 RJT 51826 b
680		-	HB2233 ~~Engrossed~~ - 20 - LRB103 25477 RJT 51826 b
	719	+	HB2233- 20 -LRB103 25477 RJT 51826 b HB2233 - 20 - LRB103 25477 RJT 51826 b
	720	+	HB2233 - 20 - LRB103 25477 RJT 51826 b
681	721		1 marketing or sale of a product after deducting the
682	722		2 expenses of developing and marketing such product;
683	723		3 18. To delegate to the general superintendent of
684	724		4 schools, by resolution, the authority to approve contracts
685	725		5 and expenditures in amounts of $35,000 $10,000 or less;
686	726		6 19. Upon the written request of an employee, to
687	727		7 withhold from the compensation of that employee any dues,
688	728		8 payments, or contributions payable by such employee to any
689	729		9 labor organization as defined in the Illinois Educational
690	730		10 Labor Relations Act. Under such arrangement, an amount
691	731		11 shall be withheld from each regular payroll period which
692	732		12 is equal to the pro rata share of the annual dues plus any
693	733		13 payments or contributions, and the board shall transmit
694	734		14 such withholdings to the specified labor organization
695	735		15 within 10 working days from the time of the withholding;
696	736		16 19a. Upon receipt of notice from the comptroller of a
697	737		17 municipality with a population of 500,000 or more, a
698	738		18 county with a population of 3,000,000 or more, the Cook
699	739		19 County Forest Preserve District, the Chicago Park
700	740		20 District, the Metropolitan Water Reclamation District, the
701	741		21 Chicago Transit Authority, or a housing authority of a
702	742		22 municipality with a population of 500,000 or more that a
703	743		23 debt is due and owing the municipality, the county, the
704	744		24 Cook County Forest Preserve District, the Chicago Park
705	745		25 District, the Metropolitan Water Reclamation District, the
706	746		26 Chicago Transit Authority, or the housing authority by an
707	747
708	748
709	749
710	750
711	751
712		-	HB2233 ~~Engrossed~~ - 20 - LRB103 25477 RJT 51826 b
	752	+	HB2233 - 20 - LRB103 25477 RJT 51826 b
713	753
714	754
715		-	HB2233 ~~Engrossed~~- 21 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 21 - LRB103 25477 RJT 51826 b
716		-	HB2233 ~~Engrossed~~ - 21 - LRB103 25477 RJT 51826 b
	755	+	HB2233- 21 -LRB103 25477 RJT 51826 b HB2233 - 21 - LRB103 25477 RJT 51826 b
	756	+	HB2233 - 21 - LRB103 25477 RJT 51826 b
717	757		1 employee of the Chicago Board of Education, to withhold,
718	758		2 from the compensation of that employee, the amount of the
719	759		3 debt that is due and owing and pay the amount withheld to
720	760		4 the municipality, the county, the Cook County Forest
721	761		5 Preserve District, the Chicago Park District, the
722	762		6 Metropolitan Water Reclamation District, the Chicago
723	763		7 Transit Authority, or the housing authority; provided,
724	764		8 however, that the amount deducted from any one salary or
725	765		9 wage payment shall not exceed 25% of the net amount of the
726	766		10 payment. Before the Board deducts any amount from any
727	767		11 salary or wage of an employee under this paragraph, the
728	768		12 municipality, the county, the Cook County Forest Preserve
729	769		13 District, the Chicago Park District, the Metropolitan
730	770		14 Water Reclamation District, the Chicago Transit Authority,
731	771		15 or the housing authority shall certify that (i) the
732	772		16 employee has been afforded an opportunity for a hearing to
733	773		17 dispute the debt that is due and owing the municipality,
734	774		18 the county, the Cook County Forest Preserve District, the
735	775		19 Chicago Park District, the Metropolitan Water Reclamation
736	776		20 District, the Chicago Transit Authority, or the housing
737	777		21 authority and (ii) the employee has received notice of a
738	778		22 wage deduction order and has been afforded an opportunity
739	779		23 for a hearing to object to the order. For purposes of this
740	780		24 paragraph, "net amount" means that part of the salary or
741	781		25 wage payment remaining after the deduction of any amounts
742	782		26 required by law to be deducted and "debt due and owing"
743	783
744	784
745	785
746	786
747	787
748		-	HB2233 ~~Engrossed~~ - 21 - LRB103 25477 RJT 51826 b
	788	+	HB2233 - 21 - LRB103 25477 RJT 51826 b
749	789
750	790
751		-	HB2233 ~~Engrossed~~- 22 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 22 - LRB103 25477 RJT 51826 b
752		-	HB2233 ~~Engrossed~~ - 22 - LRB103 25477 RJT 51826 b
	791	+	HB2233- 22 -LRB103 25477 RJT 51826 b HB2233 - 22 - LRB103 25477 RJT 51826 b
	792	+	HB2233 - 22 - LRB103 25477 RJT 51826 b
753	793		1 means (i) a specified sum of money owed to the
754	794		2 municipality, the county, the Cook County Forest Preserve
755	795		3 District, the Chicago Park District, the Metropolitan
756	796		4 Water Reclamation District, the Chicago Transit Authority,
757	797		5 or the housing authority for services, work, or goods,
758	798		6 after the period granted for payment has expired, or (ii)
759	799		7 a specified sum of money owed to the municipality, the
760	800		8 county, the Cook County Forest Preserve District, the
761	801		9 Chicago Park District, the Metropolitan Water Reclamation
762	802		10 District, the Chicago Transit Authority, or the housing
763	803		11 authority pursuant to a court order or order of an
764	804		12 administrative hearing officer after the exhaustion of, or
765	805		13 the failure to exhaust, judicial review;
766	806		14 20. The board is encouraged to employ a sufficient
767	807		15 number of licensed school counselors to maintain a
768	808		16 student/counselor ratio of 250 to 1. Each counselor shall
769	809		17 spend at least 75% of his work time in direct contact with
770	810		18 students and shall maintain a record of such time;
771	811		19 21. To make available to students vocational and
772	812		20 career counseling and to establish 5 special career
773	813		21 counseling days for students and parents. On these days
774	814		22 representatives of local businesses and industries shall
775	815		23 be invited to the school campus and shall inform students
776	816		24 of career opportunities available to them in the various
777	817		25 businesses and industries. Special consideration shall be
778	818		26 given to counseling minority students as to career
779	819
780	820
781	821
782	822
783	823
784		-	HB2233 ~~Engrossed~~ - 22 - LRB103 25477 RJT 51826 b
	824	+	HB2233 - 22 - LRB103 25477 RJT 51826 b
785	825
786	826
787		-	HB2233 ~~Engrossed~~- 23 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 23 - LRB103 25477 RJT 51826 b
788		-	HB2233 ~~Engrossed~~ - 23 - LRB103 25477 RJT 51826 b
	827	+	HB2233- 23 -LRB103 25477 RJT 51826 b HB2233 - 23 - LRB103 25477 RJT 51826 b
	828	+	HB2233 - 23 - LRB103 25477 RJT 51826 b
789	829		1 opportunities available to them in various fields. For the
790	830		2 purposes of this paragraph, minority student means a
791	831		3 person who is any of the following:
792	832		4 (a) American Indian or Alaska Native (a person having
793	833		5 origins in any of the original peoples of North and South
794	834		6 America, including Central America, and who maintains
795	835		7 tribal affiliation or community attachment).
796	836		8 (b) Asian (a person having origins in any of the
797	837		9 original peoples of the Far East, Southeast Asia, or the
798	838		10 Indian subcontinent, including, but not limited to,
799	839		11 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
800	840		12 the Philippine Islands, Thailand, and Vietnam).
801	841		13 (c) Black or African American (a person having origins
802	842		14 in any of the black racial groups of Africa).
803	843		15 (d) Hispanic or Latino (a person of Cuban, Mexican,
804	844		16 Puerto Rican, South or Central American, or other Spanish
805	845		17 culture or origin, regardless of race).
806	846		18 (e) Native Hawaiian or Other Pacific Islander (a
807	847		19 person having origins in any of the original peoples of
808	848		20 Hawaii, Guam, Samoa, or other Pacific Islands).
809	849		21 Counseling days shall not be in lieu of regular school
810	850		22 days;
811	851		23 22. To report to the State Board of Education the
812	852		24 annual student dropout rate and number of students who
813	853		25 graduate from, transfer from, or otherwise leave bilingual
814	854		26 programs;
815	855
816	856
817	857
818	858
819	859
820		-	HB2233 ~~Engrossed~~ - 23 - LRB103 25477 RJT 51826 b
	860	+	HB2233 - 23 - LRB103 25477 RJT 51826 b
821	861
822	862
823		-	HB2233 ~~Engrossed~~- 24 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 24 - LRB103 25477 RJT 51826 b
824		-	HB2233 ~~Engrossed~~ - 24 - LRB103 25477 RJT 51826 b
	863	+	HB2233- 24 -LRB103 25477 RJT 51826 b HB2233 - 24 - LRB103 25477 RJT 51826 b
	864	+	HB2233 - 24 - LRB103 25477 RJT 51826 b
825	865		1 23. Except as otherwise provided in the Abused and
826	866		2 Neglected Child Reporting Act or other applicable State or
827	867		3 federal law, to permit school officials to withhold, from
828	868		4 any person, information on the whereabouts of any child
829	869		5 removed from school premises when the child has been taken
830	870		6 into protective custody as a victim of suspected child
831	871		7 abuse. School officials shall direct such person to the
832	872		8 Department of Children and Family Services or to the local
833	873		9 law enforcement agency, if appropriate;
834	874		10 24. To develop a policy, based on the current state of
835	875		11 existing school facilities, projected enrollment, and
836	876		12 efficient utilization of available resources, for capital
837	877		13 improvement of schools and school buildings within the
838	878		14 district, addressing in that policy both the relative
839	879		15 priority for major repairs, renovations, and additions to
840	880		16 school facilities and the advisability or necessity of
841	881		17 building new school facilities or closing existing schools
842	882		18 to meet current or projected demographic patterns within
843	883		19 the district;
844	884		20 25. To make available to the students in every high
845	885		21 school attendance center the ability to take all courses
846	886		22 necessary to comply with the Board of Higher Education's
847	887		23 college entrance criteria effective in 1993;
848	888		24 26. To encourage mid-career changes into the teaching
849	889		25 profession, whereby qualified professionals become
850	890		26 licensed teachers, by allowing credit for professional
851	891
852	892
853	893
854	894
855	895
856		-	HB2233 ~~Engrossed~~ - 24 - LRB103 25477 RJT 51826 b
	896	+	HB2233 - 24 - LRB103 25477 RJT 51826 b
857	897
858	898
859		-	HB2233 ~~Engrossed~~- 25 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 25 - LRB103 25477 RJT 51826 b
860		-	HB2233 ~~Engrossed~~ - 25 - LRB103 25477 RJT 51826 b
	899	+	HB2233- 25 -LRB103 25477 RJT 51826 b HB2233 - 25 - LRB103 25477 RJT 51826 b
	900	+	HB2233 - 25 - LRB103 25477 RJT 51826 b
861	901		1 employment in related fields when determining point of
862	902		2 entry on the teacher pay scale;
863	903		3 27. To provide or contract out training programs for
864	904		4 administrative personnel and principals with revised or
865	905		5 expanded duties pursuant to this Code in order to ensure
866	906		6 they have the knowledge and skills to perform their
867	907		7 duties;
868	908		8 28. To establish a fund for the prioritized special
869	909		9 needs programs, and to allocate such funds and other lump
870	910		10 sum amounts to each attendance center in a manner
871	911		11 consistent with the provisions of part 4 of Section
872	912		12 34-2.3. Nothing in this paragraph shall be construed to
873	913		13 require any additional appropriations of State funds for
874	914		14 this purpose;
875	915		15 29. (Blank);
876	916		16 30. Notwithstanding any other provision of this Act or
877	917		17 any other law to the contrary, to contract with third
878	918		18 parties for services otherwise performed by employees,
879	919		19 including those in a bargaining unit, and to layoff those
880	920		20 employees upon 14 days written notice to the affected
881	921		21 employees. Those contracts may be for a period not to
882	922		22 exceed 5 years and may be awarded on a system-wide basis.
883	923		23 The board may not operate more than 30 contract schools,
884	924		24 provided that the board may operate an additional 5
885	925		25 contract turnaround schools pursuant to item (5.5) of
886	926		26 subsection (d) of Section 34-8.3 of this Code, and the
887	927
888	928
889	929
890	930
891	931
892		-	HB2233 ~~Engrossed~~ - 25 - LRB103 25477 RJT 51826 b
	932	+	HB2233 - 25 - LRB103 25477 RJT 51826 b
893	933
894	934
895		-	HB2233 ~~Engrossed~~- 26 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 26 - LRB103 25477 RJT 51826 b
896		-	HB2233 ~~Engrossed~~ - 26 - LRB103 25477 RJT 51826 b
	935	+	HB2233- 26 -LRB103 25477 RJT 51826 b HB2233 - 26 - LRB103 25477 RJT 51826 b
	936	+	HB2233 - 26 - LRB103 25477 RJT 51826 b
897	937		1 governing bodies of contract schools are subject to the
898	938		2 Freedom of Information Act and Open Meetings Act;
899	939		3 31. To promulgate rules establishing procedures
900	940		4 governing the layoff or reduction in force of employees
901	941		5 and the recall of such employees, including, but not
902	942		6 limited to, criteria for such layoffs, reductions in force
903	943		7 or recall rights of such employees and the weight to be
904	944		8 given to any particular criterion. Such criteria shall
905	945		9 take into account factors, including, but not limited to,
906	946		10 qualifications, certifications, experience, performance
907	947		11 ratings or evaluations, and any other factors relating to
908	948		12 an employee's job performance;
909	949		13 32. To develop a policy to prevent nepotism in the
910	950		14 hiring of personnel or the selection of contractors;
911	951		15 33. (Blank); and
912	952		16 34. To establish a Labor Management Council to the
913	953		17 board comprised of representatives of the board, the chief
914	954		18 executive officer, and those labor organizations that are
915	955		19 the exclusive representatives of employees of the board
916	956		20 and to promulgate policies and procedures for the
917	957		21 operation of the Council.
918	958		22 The specifications of the powers herein granted are not to
919	959		23 be construed as exclusive, but the board shall also exercise
920	960		24 all other powers that may be requisite or proper for the
921	961		25 maintenance and the development of a public school system, not
922	962		26 inconsistent with the other provisions of this Article or
923	963
924	964
925	965
926	966
927	967
928		-	HB2233 ~~Engrossed~~ - 26 - LRB103 25477 RJT 51826 b
	968	+	HB2233 - 26 - LRB103 25477 RJT 51826 b
929	969
930	970
931		-	HB2233 ~~Engrossed~~- 27 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 27 - LRB103 25477 RJT 51826 b
932		-	HB2233 ~~Engrossed~~ - 27 - LRB103 25477 RJT 51826 b
	971	+	HB2233- 27 -LRB103 25477 RJT 51826 b HB2233 - 27 - LRB103 25477 RJT 51826 b
	972	+	HB2233 - 27 - LRB103 25477 RJT 51826 b
933	973		1 provisions of this Code which apply to all school districts.
934	974		2 In addition to the powers herein granted and authorized to
935	975		3 be exercised by the board, it shall be the duty of the board to
936	976		4 review or to direct independent reviews of special education
937	977		5 expenditures and services. The board shall file a report of
938	978		6 such review with the General Assembly on or before May 1, 1990.
939	979		7 (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
940	980		8 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff.
941	981		9 5-20-22.)
942	982		10 (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
943	983		11 Sec. 34-21.3. Contracts. The board shall by record vote
944	984		12 let all contracts (other than those excepted by Section
945	985		13 10-20.21 of this The School Code) for supplies, materials, or
946	986		14 work, and contracts with private carriers for transportation
947	987		15 of pupils, involving an expenditure in excess of $35,000
948	988		16 $25,000 or a lower amount as required by board policy by
949	989		17 competitive bidding as provided in Section 10-20.21 of this
950	990		18 The School Code.
951	991		19 The board may delegate to the general superintendent of
952	992		20 schools, by resolution, the authority to approve contracts in
953	993		21 amounts of $35,000 $25,000 or less.
954	994		22 For a period of one year from and after the expiration or
955	995		23 other termination of his or her term of office as a member of
956	996		24 the board: (i) the former board member shall not be eligible
957	997		25 for employment nor be employed by the board, a local school
958	998
959	999
960	1000
961	1001
962	1002
963		-	HB2233 ~~Engrossed~~ - 27 - LRB103 25477 RJT 51826 b
	1003	+	HB2233 - 27 - LRB103 25477 RJT 51826 b
964	1004
965	1005
966		-	HB2233 ~~Engrossed~~- 28 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 28 - LRB103 25477 RJT 51826 b
967		-	HB2233 ~~Engrossed~~ - 28 - LRB103 25477 RJT 51826 b
	1006	+	HB2233- 28 -LRB103 25477 RJT 51826 b HB2233 - 28 - LRB103 25477 RJT 51826 b
	1007	+	HB2233 - 28 - LRB103 25477 RJT 51826 b
968	1008		1 council, an attendance center, or any other subdivision or
969	1009		2 agent of the board or the school district governed by the
970	1010		3 board, and (ii) neither the board nor the chief purchasing
971	1011		4 officer shall let or delegate authority to let any contract
972	1012		5 for services, employment, or other work to the former board
973	1013		6 member or to any corporation, partnership, association, sole
974	1014		7 proprietorship, or other entity other than publicly traded
975	1015		8 companies from which the former board member receives an
976	1016		9 annual income, dividends, or other compensation in excess of
977	1017		10 $1,500. Any contract that is entered into by or under a
978	1018		11 delegation of authority from the board or the chief purchasing
979	1019		12 officer shall contain a provision stating that the contract is
980	1020		13 not legally binding on the board if entered into in violation
981	1021		14 of the provisions of this paragraph.
982	1022		15 In addition, the State Board of Education, in consultation
983	1023		16 with the board, shall (i) review existing conflict of interest
984	1024		17 and disclosure laws or regulations that are applicable to the
985	1025		18 executive officers and governing boards of school districts
986	1026		19 organized under this Article and school districts generally,
987	1027		20 (ii) determine what additional disclosure and conflict of
988	1028		21 interest provisions would enhance the reputation and fiscal
989	1029		22 integrity of the board and the procedure under which contracts
990	1030		23 for goods and services are let, and (iii) develop appropriate
991	1031		24 reporting forms and procedures applicable to the executive
992	1032		25 officers, governing board, and other officials of the school
993	1033		26 district.
994	1034
995	1035
996	1036
997	1037
998	1038
999		-	HB2233 ~~Engrossed~~ - 28 - LRB103 25477 RJT 51826 b
	1039	+	HB2233 - 28 - LRB103 25477 RJT 51826 b
1000	1040
1001	1041
1002		-	HB2233 ~~Engrossed~~- 29 -LRB103 25477 RJT 51826 b HB2233 ~~Engrossed~~ - 29 - LRB103 25477 RJT 51826 b
1003		-	HB2233 ~~Engrossed~~ - 29 - LRB103 25477 RJT 51826 b
	1042	+	HB2233- 29 -LRB103 25477 RJT 51826 b HB2233 - 29 - LRB103 25477 RJT 51826 b
	1043	+	HB2233 - 29 - LRB103 25477 RJT 51826 b
1004	1044		1 (Source: P.A. 95-990, eff. 10-3-08.)
1005	1045
1006	1046
1007	1047
1008	1048
1009	1049
1010		-	HB2233 ~~Engrossed~~ - 29 - LRB103 25477 RJT 51826 b
	1050	+	HB2233 - 29 - LRB103 25477 RJT 51826 b