Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2821 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2821 Introduced 1/19/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: 105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1105 ILCS 5/34-18 from Ch. 122, par. 34-18105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3105 ILCS 5/34-49 from Ch. 122, par. 34-49 Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes. LRB103 36851 RJT 66963 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2821 Introduced 1/19/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: 105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1105 ILCS 5/34-18 from Ch. 122, par. 34-18105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3105 ILCS 5/34-49 from Ch. 122, par. 34-49 105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1 105 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 5/34-49 from Ch. 122, par. 34-49 Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes. LRB103 36851 RJT 66963 b LRB103 36851 RJT 66963 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2821 Introduced 1/19/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1105 ILCS 5/34-18 from Ch. 122, par. 34-18105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3105 ILCS 5/34-49 from Ch. 122, par. 34-49 105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1 105 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 5/34-49 from Ch. 122, par. 34-49
4	4	105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1
5	5	105 ILCS 5/34-18 from Ch. 122, par. 34-18
6	6	105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
7	7	105 ILCS 5/34-49 from Ch. 122, par. 34-49
8	8	Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes.
9	9	LRB103 36851 RJT 66963 b LRB103 36851 RJT 66963 b
10	10	LRB103 36851 RJT 66963 b
11	11	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
12	12	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
13	13	A BILL FOR
14	14	SB2821LRB103 36851 RJT 66963 b SB2821 LRB103 36851 RJT 66963 b
15	15	SB2821 LRB103 36851 RJT 66963 b
16	16	1 AN ACT concerning education.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The School Code is amended by changing Sections
20	20	5 34-8.1, 34-18, 34-21.3, and 34-49 as follows:
21	21	6 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
22	22	7 Sec. 34-8.1. Principals. Principals shall be employed to
23	23	8 supervise the operation of each attendance center. Their
24	24	9 powers and duties shall include but not be limited to the
25	25	10 authority (i) to direct, supervise, evaluate, and suspend with
26	26	11 or without pay or otherwise discipline all teachers, assistant
27	27	12 principals, and other employees assigned to the attendance
28	28	13 center in accordance with board rules and policies and (ii) to
29	29	14 direct all other persons assigned to the attendance center
30	30	15 pursuant to a contract with a third party to provide services
31	31	16 to the school system. The right to employ, discharge, and
32	32	17 layoff shall be vested solely with the board, provided that
33	33	18 decisions to discharge or suspend nonlicensed employees,
34	34	19 including disciplinary layoffs, and the termination of
35	35	20 licensed employees from employment pursuant to a layoff or
36	36	21 reassignment policy are subject to review under the grievance
37	37	22 resolution procedure adopted pursuant to subsection (c) of
38	38	23 Section 10 of the Illinois Educational Labor Relations Act.
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2821 Introduced 1/19/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
43	43	105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1105 ILCS 5/34-18 from Ch. 122, par. 34-18105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3105 ILCS 5/34-49 from Ch. 122, par. 34-49 105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1 105 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 5/34-49 from Ch. 122, par. 34-49
44	44	105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1
45	45	105 ILCS 5/34-18 from Ch. 122, par. 34-18
46	46	105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
47	47	105 ILCS 5/34-49 from Ch. 122, par. 34-49
48	48	Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes.
49	49	LRB103 36851 RJT 66963 b LRB103 36851 RJT 66963 b
50	50	LRB103 36851 RJT 66963 b
51	51	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
52	52	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
53	53	A BILL FOR
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59	59	105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1
60	60	105 ILCS 5/34-18 from Ch. 122, par. 34-18
61	61	105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
62	62	105 ILCS 5/34-49 from Ch. 122, par. 34-49
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68	68	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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85	85	1 The grievance resolution procedure adopted by the board shall
86	86	2 provide for final and binding arbitration, and,
87	87	3 notwithstanding any other provision of law to the contrary,
88	88	4 the arbitrator's decision may include all make-whole relief,
89	89	5 including without limitation reinstatement. The principal
90	90	6 shall fill positions by appointment as provided in this
91	91	7 Section and may make recommendations to the board regarding
92	92	8 the employment, discharge, or layoff of any individual. The
93	93	9 authority of the principal shall include the authority to
94	94	10 direct the hours during which the attendance center shall be
95	95	11 open and available for use provided the use complies with
96	96	12 board rules and policies, to determine when and what
97	97	13 operations shall be conducted within those hours, and to
98	98	14 schedule staff within those hours. Under the direction of, and
99	99	15 subject to the authority of the principal, the Engineer In
100	100	16 Charge shall be accountable for the safe, economical operation
101	101	17 of the plant and grounds and shall also be responsible for
102	102	18 orientation, training, and supervising the work of Engineers,
103	103	19 Trainees, school maintenance assistants, custodial workers and
104	104	20 other plant operation employees under his or her direction.
105	105	21 There shall be established by the board a system of
106	106	22 semi-annual evaluations conducted by the principal as to
107	107	23 performance of the engineer in charge. Nothing in this Section
108	108	24 shall prevent the principal from conducting additional
109	109	25 evaluations. An overall numerical rating shall be given by the
110	110	26 principal based on the evaluation conducted by the principal.
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121	121	1 An unsatisfactory numerical rating shall result in
122	122	2 disciplinary action, which may include, without limitation and
123	123	3 in the judgment of the principal, loss of promotion or bidding
124	124	4 procedure, reprimand, suspension with or without pay, or
125	125	5 recommended dismissal. The board shall establish procedures
126	126	6 for conducting the evaluation and reporting the results to the
127	127	7 engineer in charge.
128	128	8 Under the direction of, and subject to the authority of,
129	129	9 the principal, the Food Service Manager is responsible at all
130	130	10 times for the proper operation and maintenance of the lunch
131	131	11 room to which he is assigned and shall also be responsible for
132	132	12 the orientation, training, and supervising the work of cooks,
133	133	13 bakers, porters, and lunchroom attendants under his or her
134	134	14 direction.
135	135	15 There shall be established by the Board a system of
136	136	16 semi-annual evaluations conducted by the principal as to the
137	137	17 performance of the food service manager. Nothing in this
138	138	18 Section shall prevent the principal from conducting additional
139	139	19 evaluations. An overall numerical rating shall be given by the
140	140	20 principal based on the evaluation conducted by the principal.
141	141	21 An unsatisfactory numerical rating shall result in
142	142	22 disciplinary action which may include, without limitation and
143	143	23 in the judgment of the principal, loss of promotion or bidding
144	144	24 procedure, reprimand, suspension with or without pay, or
145	145	25 recommended dismissal. The board shall establish rules for
146	146	26 conducting the evaluation and reporting the results to the
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157	157	1 food service manager.
158	158	2 Nothing in this Section shall be interpreted to require
159	159	3 the employment or assignment of an Engineer-In-Charge or a
160	160	4 Food Service Manager for each attendance center.
161	161	5 Principals shall be employed to supervise the educational
162	162	6 operation of each attendance center. If a principal is absent
163	163	7 due to extended illness or leave of absence, an assistant
164	164	8 principal may be assigned as acting principal for a period not
165	165	9 to exceed 100 school days. Each principal shall assume
166	166	10 administrative responsibility and instructional leadership, in
167	167	11 accordance with reasonable rules and regulations of the board,
168	168	12 for the planning, operation and evaluation of the educational
169	169	13 program of the attendance center to which he is assigned. The
170	170	14 principal shall submit recommendations to the general
171	171	15 superintendent concerning the appointment, dismissal,
172	172	16 retention, promotion, and assignment of all personnel assigned
173	173	17 to the attendance center; provided, that from and after
174	174	18 September 1, 1989: (i) if any vacancy occurs in a position at
175	175	19 the attendance center or if an additional or new position is
176	176	20 created at the attendance center, that position shall be
177	177	21 filled by appointment made by the principal in accordance with
178	178	22 procedures established and provided by the Board whenever the
179	179	23 majority of the duties included in that position are to be
180	180	24 performed at the attendance center which is under the
181	181	25 principal's supervision, and each such appointment so made by
182	182	26 the principal shall be made and based upon merit and ability to
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193	193	1 perform in that position without regard to seniority or length
194	194	2 of service, provided, that such appointments shall be subject
195	195	3 to the Board's desegregation obligations, including but not
196	196	4 limited to the Consent Decree and Desegregation Plan in U.S.
197	197	5 v. Chicago Board of Education; (ii) the principal shall submit
198	198	6 recommendations based upon merit and ability to perform in the
199	199	7 particular position, without regard to seniority or length of
200	200	8 service, to the general superintendent concerning the
201	201	9 appointment of any teacher, teacher aide, counselor, clerk,
202	202	10 hall guard, security guard and any other personnel which is to
203	203	11 be made by the general superintendent whenever less than a
204	204	12 majority of the duties of that teacher, teacher aide,
205	205	13 counselor, clerk, hall guard, and security guard and any other
206	206	14 personnel are to be performed at the attendance center which
207	207	15 is under the principal's supervision; and (iii) subject to law
208	208	16 and the applicable collective bargaining agreements, the
209	209	17 authority and responsibilities of a principal with respect to
210	210	18 the evaluation of all teachers and other personnel assigned to
211	211	19 an attendance center shall commence immediately upon his or
212	212	20 her appointment as principal of the attendance center, without
213	213	21 regard to the length of time that he or she has been the
214	214	22 principal of that attendance center.
215	215	23 Notwithstanding the existence of any other law of this
216	216	24 State, nothing in this Code, other than any prohibition under
217	217	25 paragraph 30 of Section 34-18, Act shall prevent the board
218	218	26 from entering into a contract with a third party for services
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229	229	1 currently performed by any employee or bargaining unit member.
230	230	2 Notwithstanding any other provision of this Article, each
231	231	3 principal may approve contracts, binding on the board, in the
232	232	4 amount of no more than $10,000, if the contract is endorsed by
233	233	5 the Local School Council.
234	234	6 Unless otherwise prohibited by law or by rule of the
235	235	7 board, the principal shall provide to local school council
236	236	8 members copies of all internal audits and any other pertinent
237	237	9 information generated by any audits or reviews of the programs
238	238	10 and operation of the attendance center.
239	239	11 Each principal shall hold a valid Professional Educator
240	240	12 License issued in accordance with Article 21B and endorsed as
241	241	13 required by that Article for the position of principal. The
242	242	14 board may establish or impose clear, specific, explicit, and
243	243	15 objective academic, educational, examination, and experience
244	244	16 requirements and criteria that are in addition to those
245	245	17 established and required by Article 21B for issuance of a
246	246	18 valid license endorsed for the position of principal as a
247	247	19 condition of the nomination, selection, appointment,
248	248	20 employment, or continued employment of a person as principal
249	249	21 of any attendance center or as a condition of the renewal of
250	250	22 any principal's performance contract. If the additional
251	251	23 requirements and criteria result or may result in the
252	252	24 exclusion of an otherwise qualified and licensed candidate
253	253	25 from being eligible for selection to serve as a principal of an
254	254	26 attendance center, then the board shall maintain a public
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265	265	1 database that includes the names of all the candidates who are
266	266	2 eligible to be selected as a principal and who do not choose to
267	267	3 not have their name included in the database. The board shall
268	268	4 give notice of no less than 30 days to all otherwise qualified
269	269	5 and licensed candidates each quarter of their ability to be
270	270	6 included in the database and shall make updates to the
271	271	7 database within no more than 10 days after the end of the
272	272	8 quarter for which notice is given.
273	273	9 The board must establish standards and procedures to
274	274	10 ensure that no candidate is deemed ineligible to be selected
275	275	11 as a principal for reasons that are not directly related to the
276	276	12 candidate's anticipated performance as a principal. The
277	277	13 standards and procedures established by the board must do all
278	278	14 of the following:
279	279	15 (1) Set forth all of the specific criteria used by the
280	280	16 board to make decisions concerning the eligibility of
281	281	17 candidates.
282	282	18 (2) Provide each candidate with a written,
283	283	19 competency-aligned score report and evidence-based
284	284	20 rationale related to the scoring criteria for each
285	285	21 competency area.
286	286	22 (3) Provide remediation goals and other supportive
287	287	23 services to assist a candidate in correcting any
288	288	24 deficiencies identified by the board in the board's
289	289	25 rationale.
290	290	26 (4) Include provisions to ensure that no person is
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301	301	1 discriminated against on the basis of conscious or
302	302	2 implicit biases associated with race, color, national
303	303	3 origin, or a disability that is unrelated to the person's
304	304	4 ability to perform the duties of a principal.
305	305	5 The board, in cooperation with the organization that
306	306	6 represents the district's principals and assistant principals,
307	307	7 must establish a grievance and hearing procedure for those
308	308	8 candidates the general superintendent or the general
309	309	9 superintendent's designee has deemed ineligible to serve as
310	310	10 principal of an attendance center or whose eligibility has
311	311	11 been slated for revocation. The evaluator must be a State
312	312	12 Board of Education-trained principal evaluator or must receive
313	313	13 such training before rendering a decision. The hearing officer
314	314	14 must receive sufficient training in principal evaluation
315	315	15 processes and criteria to render an informed decision.
316	316	16 Within 10 days after the general superintendent or the
317	317	17 general superintendent's designee determines that a candidate
318	318	18 is ineligible or makes a decision to revoke the eligibility of
319	319	19 an administrator, the general superintendent or the general
320	320	20 superintendent's designee must notify the candidate or
321	321	21 administrator, in writing, of the specific reasons for the
322	322	22 general superintendent's or the general superintendent's
323	323	23 designee's determination of the candidate's or administrator's
324	324	24 ineligibility. Within 30 days after receiving this
325	325	25 notification, the candidate or administrator may request that
326	326	26 the general superintendent or the general superintendent's
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337	337	1 designee initiate a review of the decision through the
338	338	2 grievance and hearing process established pursuant to this
339	339	3 Section.
340	340	4 In the case of a principal who is deemed ineligible based
341	341	5 on a performance evaluation, the evaluator conducting the
342	342	6 review must consider as evidence of the principal's
343	343	7 performance any local school council evaluation that covers
344	344	8 the same evaluation period. If a decision to revoke
345	345	9 eligibility is grieved, the administrator shall remain on the
346	346	10 eligibility list until the administrator receives a decision
347	347	11 in the grievance. However, prior to any hiring decision, the
348	348	12 board may communicate to any local school council that the
349	349	13 administrator has a grievance pending while the grievance is
350	350	14 pending. The grievance decision shall be binding on the
351	351	15 principal and the board.
352	352	16 If performance evaluations are included in the criteria
353	353	17 used by the board in determining that a principal is no longer
354	354	18 eligible to seek a principal position at an attendance center,
355	355	19 the board's criteria must use the standard of either an
356	356	20 unsatisfactory summative evaluation or 2 or more basic or
357	357	21 lower summative performance evaluations within a period of 7
358	358	22 school years, except as provided below in the case of a
359	359	23 principal who is in his or her first principal position. A
360	360	24 principal with summative performance evaluations of basic in
361	361	25 the principal's first 2 school years in that role shall not
362	362	26 impact a principal's eligibility status if the principal earns
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373	373	1 an increased numerical rating in at least one competency
374	374	2 domain while maintaining ratings on all other competency
375	375	3 domains in the school year immediately following the basic
376	376	4 rating. A principal who is deemed ineligible based on a
377	377	5 performance evaluation may request that the general
378	378	6 superintendent review that determination under the grievance
379	379	7 procedure, in which case the general superintendent's designee
380	380	8 must be a State Board of Education-trained principal
381	381	9 evaluator, and, in conducting that review, the general
382	382	10 superintendent's designee must consider any local school
383	383	11 council evaluation that covers the same evaluation period. If
384	384	12 an individual evaluator rates an individual principal as
385	385	13 unsatisfactory for the first time, the board may not determine
386	386	14 that a principal is no longer eligible to serve as a principal
387	387	15 based on performance evaluations from that evaluator if,
388	388	16 during the same school term of service, the local school
389	389	17 council's evaluation of the principal's performance was
390	390	18 distinguished. If a principal has been deemed ineligible based
391	391	19 on a performance evaluation, the principal's status is
392	392	20 restored to eligible when the principal receives a proficient
393	393	21 or higher summative performance evaluation rating, provided
394	394	22 the principal meets all other criteria for eligibility.
395	395	23 The board shall specify in its formal job description for
396	396	24 principals, and from and after July 1, 1990 shall specify in
397	397	25 the 4 year performance contracts for use with respect to all
398	398	26 principals, that his or her primary responsibility is in the
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409	409	1 improvement of instruction. A majority of the time spent by a
410	410	2 principal shall be spent on curriculum and staff development
411	411	3 through both formal and informal activities, establishing
412	412	4 clear lines of communication regarding school goals,
413	413	5 accomplishments, practices and policies with parents and
414	414	6 teachers. The principal, with the assistance of the local
415	415	7 school council, shall develop a school improvement plan as
416	416	8 provided in Section 34-2.4 and, upon approval of the plan by
417	417	9 the local school council, shall be responsible for directing
418	418	10 implementation of the plan. The principal, with the assistance
419	419	11 of the professional personnel leadership committee, shall
420	420	12 develop the specific methods and contents of the school's
421	421	13 curriculum within the board's system-wide curriculum standards
422	422	14 and objectives and the requirements of the school improvement
423	423	15 plan. The board shall ensure that all principals are evaluated
424	424	16 on their instructional leadership ability and their ability to
425	425	17 maintain a positive education and learning climate. It shall
426	426	18 also be the responsibility of the principal to utilize
427	427	19 resources of proper law enforcement agencies when the safety
428	428	20 and welfare of students and teachers are threatened by illegal
429	429	21 use of drugs and alcohol, by illegal use or possession of
430	430	22 weapons, or by illegal gang activity.
431	431	23 Nothing in this Section shall prohibit the board and the
432	432	24 exclusive representative of the district's teachers from
433	433	25 entering into an agreement under Section 34-85c of this Code
434	434	26 to establish alternative procedures for teacher evaluation,
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445	445	1 remediation, and removal for cause after remediation,
446	446	2 including an alternative system for peer evaluation and
447	447	3 recommendations, for teachers assigned to schools identified
448	448	4 in that agreement.
449	449	5 On or before October 1, 1989, the Board of Education, in
450	450	6 consultation with any professional organization representing
451	451	7 principals in the district, shall promulgate rules and
452	452	8 implement a lottery for the purpose of determining whether a
453	453	9 principal's existing performance contract (including the
454	454	10 performance contract applicable to any principal's position in
455	455	11 which a vacancy then exists) expires on June 30, 1990 or on
456	456	12 June 30, 1991, and whether the ensuing 4 year performance
457	457	13 contract begins on July 1, 1990 or July 1, 1991. The Board of
458	458	14 Education shall establish and conduct the lottery in such
459	459	15 manner that of all the performance contracts of principals
460	460	16 (including the performance contracts applicable to all
461	461	17 principal positions in which a vacancy then exists), 50% of
462	462	18 such contracts shall expire on June 30, 1990, and 50% shall
463	463	19 expire on June 30, 1991. All persons serving as principal on
464	464	20 May 1, 1989, and all persons appointed as principal after May
465	465	21 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
466	466	22 other than as provided by Section 34-2.3, shall be deemed by
467	467	23 operation of law to be serving under a performance contract
468	468	24 which expires on June 30, 1990 or June 30, 1991; and unless
469	469	25 such performance contract of any such principal is renewed (or
470	470	26 such person is again appointed to serve as principal) in the
471	471
472	472
473	473
474	474
475	475
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477	477
478	478
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480	480	SB2821 - 13 - LRB103 36851 RJT 66963 b
481	481	1 manner provided by Section 34-2.2 or 34-2.3, the employment of
482	482	2 such person as principal shall terminate on June 30, 1990 or
483	483	3 June 30, 1991.
484	484	4 Commencing on July 1, 1990, or on July 1, 1991, and
485	485	5 thereafter, the principal of each attendance center shall be
486	486	6 the person selected in the manner provided by Section 34-2.3
487	487	7 to serve as principal of that attendance center under a 4 year
488	488	8 performance contract. All performance contracts of principals
489	489	9 expiring after July 1, 1990, or July 1, 1991, shall commence on
490	490	10 the date specified in the contract, and the renewal of their
491	491	11 performance contracts and the appointment of principals when
492	492	12 their performance contracts are not renewed shall be governed
493	493	13 by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the
494	494	14 office of a principal occurs for any reason, the vacancy shall
495	495	15 be filled by the selection of a new principal to serve under a
496	496	16 4 year performance contract in the manner provided by Section
497	497	17 34-2.3.
498	498	18 The board of education shall develop and prepare, in
499	499	19 consultation with the organization representing principals, a
500	500	20 performance contract for use at all attendance centers, and
501	501	21 shall furnish the same to each local school council. The term
502	502	22 of the performance contract shall be 4 years, unless the
503	503	23 principal is retained by the decision of a hearing officer
504	504	24 pursuant to subdivision 1.5 of Section 34-2.3, in which case
505	505	25 the contract shall be extended for 2 years. The performance
506	506	26 contract of each principal shall consist of the uniform
507	507
508	508
509	509
510	510
511	511
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513	513
514	514
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516	516	SB2821 - 14 - LRB103 36851 RJT 66963 b
517	517	1 performance contract, as developed or from time to time
518	518	2 modified by the board, and such additional criteria as are
519	519	3 established by a local school council pursuant to Section
520	520	4 34-2.3 for the performance contract of its principal.
521	521	5 During the term of his or her performance contract, a
522	522	6 principal may be removed only as provided for in the
523	523	7 performance contract except for cause. He or she shall also be
524	524	8 obliged to follow the rules of the board of education
525	525	9 concerning conduct and efficiency.
526	526	10 In the event the performance contract of a principal is
527	527	11 not renewed or a principal is not reappointed as principal
528	528	12 under a new performance contract, or in the event a principal
529	529	13 is appointed to any position of superintendent or higher
530	530	14 position, or voluntarily resigns his position of principal,
531	531	15 his or her employment as a principal shall terminate and such
532	532	16 former principal shall not be reinstated to the position from
533	533	17 which he or she was promoted to principal, except that he or
534	534	18 she, if otherwise qualified and licensed in accordance with
535	535	19 Article 21B, shall be placed by the board on appropriate
536	536	20 eligibility lists which it prepares for use in the filling of
537	537	21 vacant or additional or newly created positions for teachers.
538	538	22 The principal's total years of service to the board as both a
539	539	23 teacher and a principal, or in other professional capacities,
540	540	24 shall be used in calculating years of experience for purposes
541	541	25 of being selected as a teacher into new, additional or vacant
542	542	26 positions.
543	543
544	544
545	545
546	546
547	547
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549	549
550	550
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552	552	SB2821 - 15 - LRB103 36851 RJT 66963 b
553	553	1 In the event the performance contract of a principal is
554	554	2 not renewed or a principal is not reappointed as principal
555	555	3 under a new performance contract, such principal shall be
556	556	4 eligible to continue to receive his or her previously provided
557	557	5 level of health insurance benefits for a period of 90 days
558	558	6 following the non-renewal of the contract at no expense to the
559	559	7 principal, provided that such principal has not retired.
560	560	8 (Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.)
561	561	9 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
562	562	10 Sec. 34-18. Powers of the board. The board shall exercise
563	563	11 general supervision and jurisdiction over the public education
564	564	12 and the public school system of the city, and, except as
565	565	13 otherwise provided by this Article, shall have power:
566	566	14 1. To make suitable provision for the establishment
567	567	15 and maintenance throughout the year or for such portion
568	568	16 thereof as it may direct, not less than 9 months and in
569	569	17 compliance with Section 10-19.05, of schools of all grades
570	570	18 and kinds, including normal schools, high schools, night
571	571	19 schools, schools for defectives and delinquents, parental
572	572	20 and truant schools, schools for the blind, the deaf, and
573	573	21 persons with physical disabilities, schools or classes in
574	574	22 manual training, constructural and vocational teaching,
575	575	23 domestic arts, and physical culture, vocation and
576	576	24 extension schools and lecture courses, and all other
577	577	25 educational courses and facilities, including
578	578
579	579
580	580
581	581
582	582
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584	584
585	585
586	586	SB2821- 16 -LRB103 36851 RJT 66963 b SB2821 - 16 - LRB103 36851 RJT 66963 b
587	587	SB2821 - 16 - LRB103 36851 RJT 66963 b
588	588	1 establishing, equipping, maintaining and operating
589	589	2 playgrounds and recreational programs, when such programs
590	590	3 are conducted in, adjacent to, or connected with any
591	591	4 public school under the general supervision and
592	592	5 jurisdiction of the board; provided that the calendar for
593	593	6 the school term and any changes must be submitted to and
594	594	7 approved by the State Board of Education before the
595	595	8 calendar or changes may take effect, and provided that in
596	596	9 allocating funds from year to year for the operation of
597	597	10 all attendance centers within the district, the board
598	598	11 shall ensure that supplemental general State aid or
599	599	12 supplemental grant funds are allocated and applied in
600	600	13 accordance with Section 18-8, 18-8.05, or 18-8.15. To
601	601	14 admit to such schools without charge foreign exchange
602	602	15 students who are participants in an organized exchange
603	603	16 student program which is authorized by the board. The
604	604	17 board shall permit all students to enroll in
605	605	18 apprenticeship programs in trade schools operated by the
606	606	19 board, whether those programs are union-sponsored or not.
607	607	20 No student shall be refused admission into or be excluded
608	608	21 from any course of instruction offered in the common
609	609	22 schools by reason of that student's sex. No student shall
610	610	23 be denied equal access to physical education and
611	611	24 interscholastic athletic programs supported from school
612	612	25 district funds or denied participation in comparable
613	613	26 physical education and athletic programs solely by reason
614	614
615	615
616	616
617	617
618	618
619	619	SB2821 - 16 - LRB103 36851 RJT 66963 b
620	620
621	621
622	622	SB2821- 17 -LRB103 36851 RJT 66963 b SB2821 - 17 - LRB103 36851 RJT 66963 b
623	623	SB2821 - 17 - LRB103 36851 RJT 66963 b
624	624	1 of the student's sex. Equal access to programs supported
625	625	2 from school district funds and comparable programs will be
626	626	3 defined in rules promulgated by the State Board of
627	627	4 Education in consultation with the Illinois High School
628	628	5 Association. Notwithstanding any other provision of this
629	629	6 Article, neither the board of education nor any local
630	630	7 school council or other school official shall recommend
631	631	8 that children with disabilities be placed into regular
632	632	9 education classrooms unless those children with
633	633	10 disabilities are provided with supplementary services to
634	634	11 assist them so that they benefit from the regular
635	635	12 classroom instruction and are included on the teacher's
636	636	13 regular education class register;
637	637	14 2. To furnish lunches to pupils, to make a reasonable
638	638	15 charge therefor, and to use school funds for the payment
639	639	16 of such expenses as the board may determine are necessary
640	640	17 in conducting the school lunch program;
641	641	18 3. To co-operate with the circuit court;
642	642	19 4. To make arrangements with the public or
643	643	20 quasi-public libraries and museums for the use of their
644	644	21 facilities by teachers and pupils of the public schools;
645	645	22 5. To employ dentists and prescribe their duties for
646	646	23 the purpose of treating the pupils in the schools, but
647	647	24 accepting such treatment shall be optional with parents or
648	648	25 guardians;
649	649	26 6. To grant the use of assembly halls and classrooms
650	650
651	651
652	652
653	653
654	654
655	655	SB2821 - 17 - LRB103 36851 RJT 66963 b
656	656
657	657
658	658	SB2821- 18 -LRB103 36851 RJT 66963 b SB2821 - 18 - LRB103 36851 RJT 66963 b
659	659	SB2821 - 18 - LRB103 36851 RJT 66963 b
660	660	1 when not otherwise needed, including light, heat, and
661	661	2 attendants, for free public lectures, concerts, and other
662	662	3 educational and social interests, free of charge, under
663	663	4 such provisions and control as the principal of the
664	664	5 affected attendance center may prescribe;
665	665	6 7. To apportion the pupils to the several schools;
666	666	7 provided that no pupil shall be excluded from or
667	667	8 segregated in any such school on account of his color,
668	668	9 race, sex, or nationality. The board shall take into
669	669	10 consideration the prevention of segregation and the
670	670	11 elimination of separation of children in public schools
671	671	12 because of color, race, sex, or nationality. Except that
672	672	13 children may be committed to or attend parental and social
673	673	14 adjustment schools established and maintained either for
674	674	15 boys or girls only. All records pertaining to the
675	675	16 creation, alteration or revision of attendance areas shall
676	676	17 be open to the public. Nothing herein shall limit the
677	677	18 board's authority to establish multi-area attendance
678	678	19 centers or other student assignment systems for
679	679	20 desegregation purposes or otherwise, and to apportion the
680	680	21 pupils to the several schools. Furthermore, beginning in
681	681	22 school year 1994-95, pursuant to a board plan adopted by
682	682	23 October 1, 1993, the board shall offer, commencing on a
683	683	24 phased-in basis, the opportunity for families within the
684	684	25 school district to apply for enrollment of their children
685	685	26 in any attendance center within the school district which
686	686
687	687
688	688
689	689
690	690
691	691	SB2821 - 18 - LRB103 36851 RJT 66963 b
692	692
693	693
694	694	SB2821- 19 -LRB103 36851 RJT 66963 b SB2821 - 19 - LRB103 36851 RJT 66963 b
695	695	SB2821 - 19 - LRB103 36851 RJT 66963 b
696	696	1 does not have selective admission requirements approved by
697	697	2 the board. The appropriate geographical area in which such
698	698	3 open enrollment may be exercised shall be determined by
699	699	4 the board of education. Such children may be admitted to
700	700	5 any such attendance center on a space available basis
701	701	6 after all children residing within such attendance
702	702	7 center's area have been accommodated. If the number of
703	703	8 applicants from outside the attendance area exceed the
704	704	9 space available, then successful applicants shall be
705	705	10 selected by lottery. The board of education's open
706	706	11 enrollment plan must include provisions that allow
707	707	12 low-income students to have access to transportation
708	708	13 needed to exercise school choice. Open enrollment shall be
709	709	14 in compliance with the provisions of the Consent Decree
710	710	15 and Desegregation Plan cited in Section 34-1.01;
711	711	16 8. To approve programs and policies for providing
712	712	17 transportation services to students. Nothing herein shall
713	713	18 be construed to permit or empower the State Board of
714	714	19 Education to order, mandate, or require busing or other
715	715	20 transportation of pupils for the purpose of achieving
716	716	21 racial balance in any school;
717	717	22 9. Subject to the limitations in this Article, to
718	718	23 establish and approve system-wide curriculum objectives
719	719	24 and standards, including graduation standards, which
720	720	25 reflect the multi-cultural diversity in the city and are
721	721	26 consistent with State law, provided that for all purposes
722	722
723	723
724	724
725	725
726	726
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728	728
729	729
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731	731	SB2821 - 20 - LRB103 36851 RJT 66963 b
732	732	1 of this Article courses or proficiency in American Sign
733	733	2 Language shall be deemed to constitute courses or
734	734	3 proficiency in a foreign language; and to employ
735	735	4 principals and teachers, appointed as provided in this
736	736	5 Article, and fix their compensation. The board shall
737	737	6 prepare such reports related to minimal competency testing
738	738	7 as may be requested by the State Board of Education and, in
739	739	8 addition, shall monitor and approve special education and
740	740	9 bilingual education programs and policies within the
741	741	10 district to ensure that appropriate services are provided
742	742	11 in accordance with applicable State and federal laws to
743	743	12 children requiring services and education in those areas;
744	744	13 10. To employ non-teaching personnel or utilize
745	745	14 volunteer personnel for: (i) non-teaching duties not
746	746	15 requiring instructional judgment or evaluation of pupils,
747	747	16 including library duties; and (ii) supervising study
748	748	17 halls, long distance teaching reception areas used
749	749	18 incident to instructional programs transmitted by
750	750	19 electronic media such as computers, video, and audio,
751	751	20 detention and discipline areas, and school-sponsored
752	752	21 extracurricular activities. The board may further utilize
753	753	22 volunteer nonlicensed personnel or employ nonlicensed
754	754	23 personnel to assist in the instruction of pupils under the
755	755	24 immediate supervision of a teacher holding a valid
756	756	25 educator license, directly engaged in teaching subject
757	757	26 matter or conducting activities; provided that the teacher
758	758
759	759
760	760
761	761
762	762
763	763	SB2821 - 20 - LRB103 36851 RJT 66963 b
764	764
765	765
766	766	SB2821- 21 -LRB103 36851 RJT 66963 b SB2821 - 21 - LRB103 36851 RJT 66963 b
767	767	SB2821 - 21 - LRB103 36851 RJT 66963 b
768	768	1 shall be continuously aware of the nonlicensed persons'
769	769	2 activities and shall be able to control or modify them.
770	770	3 The general superintendent shall determine qualifications
771	771	4 of such personnel and shall prescribe rules for
772	772	5 determining the duties and activities to be assigned to
773	773	6 such personnel;
774	774	7 10.5. To utilize volunteer personnel from a regional
775	775	8 School Crisis Assistance Team (S.C.A.T.), created as part
776	776	9 of the Safe to Learn Program established pursuant to
777	777	10 Section 25 of the Illinois Violence Prevention Act of
778	778	11 1995, to provide assistance to schools in times of
779	779	12 violence or other traumatic incidents within a school
780	780	13 community by providing crisis intervention services to
781	781	14 lessen the effects of emotional trauma on individuals and
782	782	15 the community; the School Crisis Assistance Team Steering
783	783	16 Committee shall determine the qualifications for
784	784	17 volunteers;
785	785	18 11. To provide television studio facilities in not to
786	786	19 exceed one school building and to provide programs for
787	787	20 educational purposes, provided, however, that the board
788	788	21 shall not construct, acquire, operate, or maintain a
789	789	22 television transmitter; to grant the use of its studio
790	790	23 facilities to a licensed television station located in the
791	791	24 school district; and to maintain and operate not to exceed
792	792	25 one school radio transmitting station and provide programs
793	793	26 for educational purposes;
794	794
795	795
796	796
797	797
798	798
799	799	SB2821 - 21 - LRB103 36851 RJT 66963 b
800	800
801	801
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803	803	SB2821 - 22 - LRB103 36851 RJT 66963 b
804	804	1 12. To offer, if deemed appropriate, outdoor education
805	805	2 courses, including field trips within the State of
806	806	3 Illinois, or adjacent states, and to use school
807	807	4 educational funds for the expense of the said outdoor
808	808	5 educational programs, whether within the school district
809	809	6 or not;
810	810	7 13. During that period of the calendar year not
811	811	8 embraced within the regular school term, to provide and
812	812	9 conduct courses in subject matters normally embraced in
813	813	10 the program of the schools during the regular school term
814	814	11 and to give regular school credit for satisfactory
815	815	12 completion by the student of such courses as may be
816	816	13 approved for credit by the State Board of Education;
817	817	14 14. To insure against any loss or liability of the
818	818	15 board, the former School Board Nominating Commission,
819	819	16 Local School Councils, the Chicago Schools Academic
820	820	17 Accountability Council, or the former Subdistrict Councils
821	821	18 or of any member, officer, agent, or employee thereof,
822	822	19 resulting from alleged violations of civil rights arising
823	823	20 from incidents occurring on or after September 5, 1967 or
824	824	21 from the wrongful or negligent act or omission of any such
825	825	22 person whether occurring within or without the school
826	826	23 premises, provided the officer, agent, or employee was, at
827	827	24 the time of the alleged violation of civil rights or
828	828	25 wrongful act or omission, acting within the scope of his
829	829	26 or her employment or under direction of the board, the
830	830
831	831
832	832
833	833
834	834
835	835	SB2821 - 22 - LRB103 36851 RJT 66963 b
836	836
837	837
838	838	SB2821- 23 -LRB103 36851 RJT 66963 b SB2821 - 23 - LRB103 36851 RJT 66963 b
839	839	SB2821 - 23 - LRB103 36851 RJT 66963 b
840	840	1 former School Board Nominating Commission, the Chicago
841	841	2 Schools Academic Accountability Council, Local School
842	842	3 Councils, or the former Subdistrict Councils; and to
843	843	4 provide for or participate in insurance plans for its
844	844	5 officers and employees, including, but not limited to,
845	845	6 retirement annuities, medical, surgical and
846	846	7 hospitalization benefits in such types and amounts as may
847	847	8 be determined by the board; provided, however, that the
848	848	9 board shall contract for such insurance only with an
849	849	10 insurance company authorized to do business in this State.
850	850	11 Such insurance may include provision for employees who
851	851	12 rely on treatment by prayer or spiritual means alone for
852	852	13 healing, in accordance with the tenets and practice of a
853	853	14 recognized religious denomination;
854	854	15 15. To contract with the corporate authorities of any
855	855	16 municipality or the county board of any county, as the
856	856	17 case may be, to provide for the regulation of traffic in
857	857	18 parking areas of property used for school purposes, in
858	858	19 such manner as is provided by Section 11-209 of the
859	859	20 Illinois Vehicle Code;
860	860	21 16. (a) To provide, on an equal basis, access to a high
861	861	22 school campus and student directory information to the
862	862	23 official recruiting representatives of the armed forces of
863	863	24 Illinois and the United States for the purposes of
864	864	25 informing students of the educational and career
865	865	26 opportunities available in the military if the board has
866	866
867	867
868	868
869	869
870	870
871	871	SB2821 - 23 - LRB103 36851 RJT 66963 b
872	872
873	873
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875	875	SB2821 - 24 - LRB103 36851 RJT 66963 b
876	876	1 provided such access to persons or groups whose purpose is
877	877	2 to acquaint students with educational or occupational
878	878	3 opportunities available to them. The board is not required
879	879	4 to give greater notice regarding the right of access to
880	880	5 recruiting representatives than is given to other persons
881	881	6 and groups. In this paragraph 16, "directory information"
882	882	7 means a high school student's name, address, and telephone
883	883	8 number.
884	884	9 (b) If a student or his or her parent or guardian
885	885	10 submits a signed, written request to the high school
886	886	11 before the end of the student's sophomore year (or if the
887	887	12 student is a transfer student, by another time set by the
888	888	13 high school) that indicates that the student or his or her
889	889	14 parent or guardian does not want the student's directory
890	890	15 information to be provided to official recruiting
891	891	16 representatives under subsection (a) of this Section, the
892	892	17 high school may not provide access to the student's
893	893	18 directory information to these recruiting representatives.
894	894	19 The high school shall notify its students and their
895	895	20 parents or guardians of the provisions of this subsection
896	896	21 (b).
897	897	22 (c) A high school may require official recruiting
898	898	23 representatives of the armed forces of Illinois and the
899	899	24 United States to pay a fee for copying and mailing a
900	900	25 student's directory information in an amount that is not
901	901	26 more than the actual costs incurred by the high school.
902	902
903	903
904	904
905	905
906	906
907	907	SB2821 - 24 - LRB103 36851 RJT 66963 b
908	908
909	909
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911	911	SB2821 - 25 - LRB103 36851 RJT 66963 b
912	912	1 (d) Information received by an official recruiting
913	913	2 representative under this Section may be used only to
914	914	3 provide information to students concerning educational and
915	915	4 career opportunities available in the military and may not
916	916	5 be released to a person who is not involved in recruiting
917	917	6 students for the armed forces of Illinois or the United
918	918	7 States;
919	919	8 17. (a) To sell or market any computer program
920	920	9 developed by an employee of the school district, provided
921	921	10 that such employee developed the computer program as a
922	922	11 direct result of his or her duties with the school
923	923	12 district or through the utilization of school district
924	924	13 resources or facilities. The employee who developed the
925	925	14 computer program shall be entitled to share in the
926	926	15 proceeds of such sale or marketing of the computer
927	927	16 program. The distribution of such proceeds between the
928	928	17 employee and the school district shall be as agreed upon
929	929	18 by the employee and the school district, except that
930	930	19 neither the employee nor the school district may receive
931	931	20 more than 90% of such proceeds. The negotiation for an
932	932	21 employee who is represented by an exclusive bargaining
933	933	22 representative may be conducted by such bargaining
934	934	23 representative at the employee's request.
935	935	24 (b) For the purpose of this paragraph 17:
936	936	25 (1) "Computer" means an internally programmed,
937	937	26 general purpose digital device capable of
938	938
939	939
940	940
941	941
942	942
943	943	SB2821 - 25 - LRB103 36851 RJT 66963 b
944	944
945	945
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947	947	SB2821 - 26 - LRB103 36851 RJT 66963 b
948	948	1 automatically accepting data, processing data and
949	949	2 supplying the results of the operation.
950	950	3 (2) "Computer program" means a series of coded
951	951	4 instructions or statements in a form acceptable to a
952	952	5 computer, which causes the computer to process data in
953	953	6 order to achieve a certain result.
954	954	7 (3) "Proceeds" means profits derived from the
955	955	8 marketing or sale of a product after deducting the
956	956	9 expenses of developing and marketing such product;
957	957	10 18. To delegate to the general superintendent of
958	958	11 schools, by resolution, the authority to approve contracts
959	959	12 and expenditures in amounts of $35,000 or less;
960	960	13 19. Upon the written request of an employee, to
961	961	14 withhold from the compensation of that employee any dues,
962	962	15 payments, or contributions payable by such employee to any
963	963	16 labor organization as defined in the Illinois Educational
964	964	17 Labor Relations Act. Under such arrangement, an amount
965	965	18 shall be withheld from each regular payroll period which
966	966	19 is equal to the pro rata share of the annual dues plus any
967	967	20 payments or contributions, and the board shall transmit
968	968	21 such withholdings to the specified labor organization
969	969	22 within 10 working days from the time of the withholding;
970	970	23 19a. Upon receipt of notice from the comptroller of a
971	971	24 municipality with a population of 500,000 or more, a
972	972	25 county with a population of 3,000,000 or more, the Cook
973	973	26 County Forest Preserve District, the Chicago Park
974	974
975	975
976	976
977	977
978	978
979	979	SB2821 - 26 - LRB103 36851 RJT 66963 b
980	980
981	981
982	982	SB2821- 27 -LRB103 36851 RJT 66963 b SB2821 - 27 - LRB103 36851 RJT 66963 b
983	983	SB2821 - 27 - LRB103 36851 RJT 66963 b
984	984	1 District, the Metropolitan Water Reclamation District, the
985	985	2 Chicago Transit Authority, or a housing authority of a
986	986	3 municipality with a population of 500,000 or more that a
987	987	4 debt is due and owing the municipality, the county, the
988	988	5 Cook County Forest Preserve District, the Chicago Park
989	989	6 District, the Metropolitan Water Reclamation District, the
990	990	7 Chicago Transit Authority, or the housing authority by an
991	991	8 employee of the Chicago Board of Education, to withhold,
992	992	9 from the compensation of that employee, the amount of the
993	993	10 debt that is due and owing and pay the amount withheld to
994	994	11 the municipality, the county, the Cook County Forest
995	995	12 Preserve District, the Chicago Park District, the
996	996	13 Metropolitan Water Reclamation District, the Chicago
997	997	14 Transit Authority, or the housing authority; provided,
998	998	15 however, that the amount deducted from any one salary or
999	999	16 wage payment shall not exceed 25% of the net amount of the
1000	1000	17 payment. Before the Board deducts any amount from any
1001	1001	18 salary or wage of an employee under this paragraph, the
1002	1002	19 municipality, the county, the Cook County Forest Preserve
1003	1003	20 District, the Chicago Park District, the Metropolitan
1004	1004	21 Water Reclamation District, the Chicago Transit Authority,
1005	1005	22 or the housing authority shall certify that (i) the
1006	1006	23 employee has been afforded an opportunity for a hearing to
1007	1007	24 dispute the debt that is due and owing the municipality,
1008	1008	25 the county, the Cook County Forest Preserve District, the
1009	1009	26 Chicago Park District, the Metropolitan Water Reclamation
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015	SB2821 - 27 - LRB103 36851 RJT 66963 b
1016	1016
1017	1017
1018	1018	SB2821- 28 -LRB103 36851 RJT 66963 b SB2821 - 28 - LRB103 36851 RJT 66963 b
1019	1019	SB2821 - 28 - LRB103 36851 RJT 66963 b
1020	1020	1 District, the Chicago Transit Authority, or the housing
1021	1021	2 authority and (ii) the employee has received notice of a
1022	1022	3 wage deduction order and has been afforded an opportunity
1023	1023	4 for a hearing to object to the order. For purposes of this
1024	1024	5 paragraph, "net amount" means that part of the salary or
1025	1025	6 wage payment remaining after the deduction of any amounts
1026	1026	7 required by law to be deducted and "debt due and owing"
1027	1027	8 means (i) a specified sum of money owed to the
1028	1028	9 municipality, the county, the Cook County Forest Preserve
1029	1029	10 District, the Chicago Park District, the Metropolitan
1030	1030	11 Water Reclamation District, the Chicago Transit Authority,
1031	1031	12 or the housing authority for services, work, or goods,
1032	1032	13 after the period granted for payment has expired, or (ii)
1033	1033	14 a specified sum of money owed to the municipality, the
1034	1034	15 county, the Cook County Forest Preserve District, the
1035	1035	16 Chicago Park District, the Metropolitan Water Reclamation
1036	1036	17 District, the Chicago Transit Authority, or the housing
1037	1037	18 authority pursuant to a court order or order of an
1038	1038	19 administrative hearing officer after the exhaustion of, or
1039	1039	20 the failure to exhaust, judicial review;
1040	1040	21 20. The board is encouraged to employ a sufficient
1041	1041	22 number of licensed school counselors to maintain a
1042	1042	23 student/counselor ratio of 250 to 1. Each counselor shall
1043	1043	24 spend at least 75% of his work time in direct contact with
1044	1044	25 students and shall maintain a record of such time;
1045	1045	26 21. To make available to students vocational and
1046	1046
1047	1047
1048	1048
1049	1049
1050	1050
1051	1051	SB2821 - 28 - LRB103 36851 RJT 66963 b
1052	1052
1053	1053
1054	1054	SB2821- 29 -LRB103 36851 RJT 66963 b SB2821 - 29 - LRB103 36851 RJT 66963 b
1055	1055	SB2821 - 29 - LRB103 36851 RJT 66963 b
1056	1056	1 career counseling and to establish 5 special career
1057	1057	2 counseling days for students and parents. On these days
1058	1058	3 representatives of local businesses and industries shall
1059	1059	4 be invited to the school campus and shall inform students
1060	1060	5 of career opportunities available to them in the various
1061	1061	6 businesses and industries. Special consideration shall be
1062	1062	7 given to counseling minority students as to career
1063	1063	8 opportunities available to them in various fields. For the
1064	1064	9 purposes of this paragraph, minority student means a
1065	1065	10 person who is any of the following:
1066	1066	11 (a) American Indian or Alaska Native (a person having
1067	1067	12 origins in any of the original peoples of North and South
1068	1068	13 America, including Central America, and who maintains
1069	1069	14 tribal affiliation or community attachment).
1070	1070	15 (b) Asian (a person having origins in any of the
1071	1071	16 original peoples of the Far East, Southeast Asia, or the
1072	1072	17 Indian subcontinent, including, but not limited to,
1073	1073	18 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
1074	1074	19 the Philippine Islands, Thailand, and Vietnam).
1075	1075	20 (c) Black or African American (a person having origins
1076	1076	21 in any of the black racial groups of Africa).
1077	1077	22 (d) Hispanic or Latino (a person of Cuban, Mexican,
1078	1078	23 Puerto Rican, South or Central American, or other Spanish
1079	1079	24 culture or origin, regardless of race).
1080	1080	25 (e) Native Hawaiian or Other Pacific Islander (a
1081	1081	26 person having origins in any of the original peoples of
1082	1082
1083	1083
1084	1084
1085	1085
1086	1086
1087	1087	SB2821 - 29 - LRB103 36851 RJT 66963 b
1088	1088
1089	1089
1090	1090	SB2821- 30 -LRB103 36851 RJT 66963 b SB2821 - 30 - LRB103 36851 RJT 66963 b
1091	1091	SB2821 - 30 - LRB103 36851 RJT 66963 b
1092	1092	1 Hawaii, Guam, Samoa, or other Pacific Islands).
1093	1093	2 Counseling days shall not be in lieu of regular school
1094	1094	3 days;
1095	1095	4 22. To report to the State Board of Education the
1096	1096	5 annual student dropout rate and number of students who
1097	1097	6 graduate from, transfer from, or otherwise leave bilingual
1098	1098	7 programs;
1099	1099	8 23. Except as otherwise provided in the Abused and
1100	1100	9 Neglected Child Reporting Act or other applicable State or
1101	1101	10 federal law, to permit school officials to withhold, from
1102	1102	11 any person, information on the whereabouts of any child
1103	1103	12 removed from school premises when the child has been taken
1104	1104	13 into protective custody as a victim of suspected child
1105	1105	14 abuse. School officials shall direct such person to the
1106	1106	15 Department of Children and Family Services or to the local
1107	1107	16 law enforcement agency, if appropriate;
1108	1108	17 24. To develop a policy, based on the current state of
1109	1109	18 existing school facilities, projected enrollment, and
1110	1110	19 efficient utilization of available resources, for capital
1111	1111	20 improvement of schools and school buildings within the
1112	1112	21 district, addressing in that policy both the relative
1113	1113	22 priority for major repairs, renovations, and additions to
1114	1114	23 school facilities and the advisability or necessity of
1115	1115	24 building new school facilities or closing existing schools
1116	1116	25 to meet current or projected demographic patterns within
1117	1117	26 the district;
1118	1118
1119	1119
1120	1120
1121	1121
1122	1122
1123	1123	SB2821 - 30 - LRB103 36851 RJT 66963 b
1124	1124
1125	1125
1126	1126	SB2821- 31 -LRB103 36851 RJT 66963 b SB2821 - 31 - LRB103 36851 RJT 66963 b
1127	1127	SB2821 - 31 - LRB103 36851 RJT 66963 b
1128	1128	1 25. To make available to the students in every high
1129	1129	2 school attendance center the ability to take all courses
1130	1130	3 necessary to comply with the Board of Higher Education's
1131	1131	4 college entrance criteria effective in 1993;
1132	1132	5 26. To encourage mid-career changes into the teaching
1133	1133	6 profession, whereby qualified professionals become
1134	1134	7 licensed teachers, by allowing credit for professional
1135	1135	8 employment in related fields when determining point of
1136	1136	9 entry on the teacher pay scale;
1137	1137	10 27. To provide or contract out training programs for
1138	1138	11 administrative personnel and principals with revised or
1139	1139	12 expanded duties pursuant to this Code in order to ensure
1140	1140	13 they have the knowledge and skills to perform their
1141	1141	14 duties;
1142	1142	15 28. To establish a fund for the prioritized special
1143	1143	16 needs programs, and to allocate such funds and other lump
1144	1144	17 sum amounts to each attendance center in a manner
1145	1145	18 consistent with the provisions of part 4 of Section
1146	1146	19 34-2.3. Nothing in this paragraph shall be construed to
1147	1147	20 require any additional appropriations of State funds for
1148	1148	21 this purpose;
1149	1149	22 29. (Blank);
1150	1150	23 30. Notwithstanding any other provision of this Code
1151	1151	24 Act or any other law to the contrary other than any
1152	1152	25 prohibition under this paragraph 30, to contract with
1153	1153	26 third parties for services otherwise performed by
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158
1159	1159	SB2821 - 31 - LRB103 36851 RJT 66963 b
1160	1160
1161	1161
1162	1162	SB2821- 32 -LRB103 36851 RJT 66963 b SB2821 - 32 - LRB103 36851 RJT 66963 b
1163	1163	SB2821 - 32 - LRB103 36851 RJT 66963 b
1164	1164	1 employees, including those in a bargaining unit, and to
1165	1165	2 layoff those employees upon 14 days written notice to the
1166	1166	3 affected employees. Those contracts may be for a period
1167	1167	4 not to exceed 5 years and may be awarded on a system-wide
1168	1168	5 basis. However, the board may not contract with a third
1169	1169	6 party on or after the effective date of this amendatory
1170	1170	7 Act of the 103rd General Assembly for services relating to
1171	1171	8 custodial, dietary, or daily maintenance of a district
1172	1172	9 facility. The board may not operate more than 30 contract
1173	1173	10 schools, provided that the board may operate an additional
1174	1174	11 5 contract turnaround schools pursuant to item (5.5) of
1175	1175	12 subsection (d) of Section 34-8.3 of this Code, and the
1176	1176	13 governing bodies of contract schools are subject to the
1177	1177	14 Freedom of Information Act and Open Meetings Act;
1178	1178	15 31. To promulgate rules establishing procedures
1179	1179	16 governing the layoff or reduction in force of employees
1180	1180	17 and the recall of such employees, including, but not
1181	1181	18 limited to, criteria for such layoffs, reductions in force
1182	1182	19 or recall rights of such employees and the weight to be
1183	1183	20 given to any particular criterion. Such criteria shall
1184	1184	21 take into account factors, including, but not limited to,
1185	1185	22 qualifications, certifications, experience, performance
1186	1186	23 ratings or evaluations, and any other factors relating to
1187	1187	24 an employee's job performance;
1188	1188	25 32. To develop a policy to prevent nepotism in the
1189	1189	26 hiring of personnel or the selection of contractors;
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195	SB2821 - 32 - LRB103 36851 RJT 66963 b
1196	1196
1197	1197
1198	1198	SB2821- 33 -LRB103 36851 RJT 66963 b SB2821 - 33 - LRB103 36851 RJT 66963 b
1199	1199	SB2821 - 33 - LRB103 36851 RJT 66963 b
1200	1200	1 33. (Blank); and
1201	1201	2 34. To establish a Labor Management Council to the
1202	1202	3 board comprised of representatives of the board, the chief
1203	1203	4 executive officer, and those labor organizations that are
1204	1204	5 the exclusive representatives of employees of the board
1205	1205	6 and to promulgate policies and procedures for the
1206	1206	7 operation of the Council.
1207	1207	8 The specifications of the powers herein granted are not to
1208	1208	9 be construed as exclusive, but the board shall also exercise
1209	1209	10 all other powers that may be requisite or proper for the
1210	1210	11 maintenance and the development of a public school system, not
1211	1211	12 inconsistent with the other provisions of this Article or
1212	1212	13 provisions of this Code which apply to all school districts.
1213	1213	14 In addition to the powers herein granted and authorized to
1214	1214	15 be exercised by the board, it shall be the duty of the board to
1215	1215	16 review or to direct independent reviews of special education
1216	1216	17 expenditures and services. The board shall file a report of
1217	1217	18 such review with the General Assembly on or before May 1, 1990.
1218	1218	19 (Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21;
1219	1219	20 102-894, eff. 5-20-22; 103-8, eff. 1-1-24.)
1220	1220	21 (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
1221	1221	22 Sec. 34-21.3. Contracts. The board shall by record vote
1222	1222	23 let all contracts (other than those excepted by Section
1223	1223	24 10-20.21 or paragraph 30 of Section 34-18 of this Code) for
1224	1224	25 supplies, materials, or work and contracts with private
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230	SB2821 - 33 - LRB103 36851 RJT 66963 b
1231	1231
1232	1232
1233	1233	SB2821- 34 -LRB103 36851 RJT 66963 b SB2821 - 34 - LRB103 36851 RJT 66963 b
1234	1234	SB2821 - 34 - LRB103 36851 RJT 66963 b
1235	1235	1 carriers for transportation of pupils involving an expenditure
1236	1236	2 in excess of $35,000 or a lower amount as required by board
1237	1237	3 policy by competitive bidding as provided in Section 10-20.21
1238	1238	4 of this Code.
1239	1239	5 The board may delegate to the general superintendent of
1240	1240	6 schools, by resolution, the authority to approve contracts in
1241	1241	7 amounts of $35,000 or less.
1242	1242	8 For a period of one year from and after the expiration or
1243	1243	9 other termination of his or her term of office as a member of
1244	1244	10 the board: (i) the former board member shall not be eligible
1245	1245	11 for employment nor be employed by the board, a local school
1246	1246	12 council, an attendance center, or any other subdivision or
1247	1247	13 agent of the board or the school district governed by the
1248	1248	14 board, and (ii) neither the board nor the chief purchasing
1249	1249	15 officer shall let or delegate authority to let any contract
1250	1250	16 for services, employment, or other work to the former board
1251	1251	17 member or to any corporation, partnership, association, sole
1252	1252	18 proprietorship, or other entity other than publicly traded
1253	1253	19 companies from which the former board member receives an
1254	1254	20 annual income, dividends, or other compensation in excess of
1255	1255	21 $1,500. Any contract that is entered into by or under a
1256	1256	22 delegation of authority from the board or the chief purchasing
1257	1257	23 officer shall contain a provision stating that the contract is
1258	1258	24 not legally binding on the board if entered into in violation
1259	1259	25 of the provisions of this paragraph.
1260	1260	26 In addition, the State Board of Education, in consultation
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	SB2821 - 34 - LRB103 36851 RJT 66963 b
1267	1267
1268	1268
1269	1269	SB2821- 35 -LRB103 36851 RJT 66963 b SB2821 - 35 - LRB103 36851 RJT 66963 b
1270	1270	SB2821 - 35 - LRB103 36851 RJT 66963 b
1271	1271	1 with the board, shall (i) review existing conflict of interest
1272	1272	2 and disclosure laws or regulations that are applicable to the
1273	1273	3 executive officers and governing boards of school districts
1274	1274	4 organized under this Article and school districts generally,
1275	1275	5 (ii) determine what additional disclosure and conflict of
1276	1276	6 interest provisions would enhance the reputation and fiscal
1277	1277	7 integrity of the board and the procedure under which contracts
1278	1278	8 for goods and services are let, and (iii) develop appropriate
1279	1279	9 reporting forms and procedures applicable to the executive
1280	1280	10 officers, governing board, and other officials of the school
1281	1281	11 district.
1282	1282	12 (Source: P.A. 103-8, eff. 1-1-24.)
1283	1283	13 (105 ILCS 5/34-49) (from Ch. 122, par. 34-49)
1284	1284	14 Sec. 34-49. Contracts, expense and liabilities without
1285	1285	15 appropriation. No contract shall be made or expense or
1286	1286	16 liability incurred by the board, or any member or committee
1287	1287	17 thereof, or by any person for or in its behalf,
1288	1288	18 notwithstanding the expenditure may have been ordered by the
1289	1289	19 board, unless an appropriation therefor has been previously
1290	1290	20 made. Neither the board, nor any member or committee, officer,
1291	1291	21 head of any department or bureau, or employee thereof shall
1292	1292	22 during a fiscal year expend or contract to be expended any
1293	1293	23 money, or incur any liability, or enter into any contract
1294	1294	24 which by its terms involves the expenditure of money for any of
1295	1295	25 the purposes for which provision is made in the budget, in
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	SB2821 - 35 - LRB103 36851 RJT 66963 b
1302	1302
1303	1303
1304	1304	SB2821- 36 -LRB103 36851 RJT 66963 b SB2821 - 36 - LRB103 36851 RJT 66963 b
1305	1305	SB2821 - 36 - LRB103 36851 RJT 66963 b
1306	1306	1 excess of the amounts appropriated in the budget. Any
1307	1307	2 contract, verbal or written, made in violation of this Section
1308	1308	3 is void as to the board, and no moneys belonging thereto shall
1309	1309	4 be paid thereon. Provided, however, that the board may lease
1310	1310	5 from any Public Building Commission created pursuant to the
1311	1311	6 provisions of the Public Building Commission Act, approved
1312	1312	7 July 5, 1955, as heretofore or hereafter amended, or from any
1313	1313	8 individuals, partnerships or corporations, any real or
1314	1314	9 personal property for the purpose of securing space for its
1315	1315	10 school purposes or office or other space for its
1316	1316	11 administrative functions for any period of time not exceeding
1317	1317	12 40 years, and such lease may be made and the obligation or
1318	1318	13 expense thereunder incurred without making a previous
1319	1319	14 appropriation therefor, except as otherwise provided in
1320	1320	15 Section 34-21.1 of this Act. Provided that the board may enter
1321	1321	16 into agreements, including lease and lease purchase agreements
1322	1322	17 having a term not longer than 40 years from the date on which
1323	1323	18 such agreements are entered into, with individuals,
1324	1324	19 partnerships, or corporations for the construction of school
1325	1325	20 buildings, school administrative offices, site development,
1326	1326	21 and school support facilities. The board shall maintain
1327	1327	22 exclusive possession of all such schools, school
1328	1328	23 administrative offices, and school facilities which it is
1329	1329	24 occupying or acquiring pursuant to any such lease or lease
1330	1330	25 purchase agreement, and in addition shall have and exercise
1331	1331	26 complete control over the education program conducted at such
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	SB2821 - 36 - LRB103 36851 RJT 66963 b
1338	1338
1339	1339
1340	1340	SB2821- 37 -LRB103 36851 RJT 66963 b SB2821 - 37 - LRB103 36851 RJT 66963 b
1341	1341	SB2821 - 37 - LRB103 36851 RJT 66963 b
1342	1342	1 schools, offices and facilities. The board's contribution
1343	1343	2 under any such lease or lease purchase agreement shall be
1344	1344	3 limited to the use of the real estate and existing
1345	1345	4 improvements on a rental basis which shall be exempt from any
1346	1346	5 form of leasehold tax or assessment, but the interests of the
1347	1347	6 board may be subordinated to the interests of a mortgage
1348	1348	7 holder or holders acquired as security for additional
1349	1349	8 improvements made on the property. Provided that the board may
1350	1350	9 enter into agreements, including lease and lease purchase
1351	1351	10 agreements, having a term not longer than 40 years from the
1352	1352	11 date on which such agreements are entered into for the
1353	1353	12 provision of school buildings and related property and
1354	1354	13 facilities for an agricultural science school pursuant to
1355	1355	14 subparagraphs (8) through (10) of Section 34-21.1; and such
1356	1356	15 agreements may be made and the obligations thereunder incurred
1357	1357	16 without making a previous appropriation therefor. This Section
1358	1358	17 does not prevent the making of lawful contracts for the
1359	1359	18 construction of buildings, the purchase of insurance, the
1360	1360	19 leasing of equipment, the purchase of personal property by a
1361	1361	20 conditional sales agreement, or the leasing of personal
1362	1362	21 property under an agreement that upon compliance with the
1363	1363	22 terms of which the board shall become or has the option to
1364	1364	23 become the owner of the property for no additional
1365	1365	24 consideration or for a nominal consideration, the term of
1366	1366	25 which may be for periods of more than 1 year, but, in no case,
1367	1367	26 shall such conditional sales agreements or leases of personal
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	SB2821 - 37 - LRB103 36851 RJT 66963 b
1374	1374
1375	1375
1376	1376	SB2821- 38 -LRB103 36851 RJT 66963 b SB2821 - 38 - LRB103 36851 RJT 66963 b
1377	1377	SB2821 - 38 - LRB103 36851 RJT 66963 b
1378	1378	1 property by which the board may or will become the owner of the
1379	1379	2 personal property, provide for the consideration to be paid
1380	1380	3 during a period of time in excess of 10 years nor shall such
1381	1381	4 contracts provide for the payment of interest in excess of the
1382	1382	5 maximum rate authorized by the Bond Authorization Act, as
1383	1383	6 amended at the time of the making of the contract, on the
1384	1384	7 unpaid balance owing; nor shall this Section prevent the
1385	1385	8 making of lawful contracts for the purchase of fuel and the
1386	1386	9 removal of ashes for a period from July 1 of any year to June
1387	1387	10 30 of the year following, or the making of lawful contracts for
1388	1388	11 the transportation of pupils to and from school, or the
1389	1389	12 entering into of employment contracts with individuals or
1390	1390	13 groups of employees for any period not to exceed 4 years, or,
1391	1391	14 except as otherwise prohibited under paragraph 30 of Section
1392	1392	15 34-18, the entering into contracts with third parties for
1393	1393	16 services otherwise performed by employees for any period not
1394	1394	17 to exceed 5 years provided that the contracts with third
1395	1395	18 parties for services provided at attendance centers shall
1396	1396	19 specify that the principal of an attendance center shall have
1397	1397	20 authority, to the maximum extent possible, to direct persons
1398	1398	21 assigned to the attendance center pursuant to that contract,
1399	1399	22 or the making of requirement contracts for not to exceed one
1400	1400	23 year the terms of which may extend into the succeeding fiscal
1401	1401	24 year provided, however, that such contracts contain a
1402	1402	25 limitation on the amount to be expended and that such
1403	1403	26 contracts shall impose no obligation on the board except
1404	1404
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409	SB2821 - 38 - LRB103 36851 RJT 66963 b
1410	1410
1411	1411
1412	1412	SB2821- 39 -LRB103 36851 RJT 66963 b SB2821 - 39 - LRB103 36851 RJT 66963 b
1413	1413	SB2821 - 39 - LRB103 36851 RJT 66963 b
1414	1414
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419	SB2821 - 39 - LRB103 36851 RJT 66963 b