Bill Text: IL HB0553 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the School Code. Provides that a school district shall employ a ratio of no less than one counselor to 150 students (rather than allowing a school district to employ a ratio of no less than one counselor to 250 students).
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0553 Detail]
Download: Illinois-2021-HB0553-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||
5 | 10-22.24b and 34-18 as follows:
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6 | (105 ILCS 5/10-22.24b)
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7 | Sec. 10-22.24b. School counseling services. School | ||||||||||||||||||||||||||
8 | counseling services in public schools may be provided by | ||||||||||||||||||||||||||
9 | school counselors as defined in Section 10-22.24a of this Code | ||||||||||||||||||||||||||
10 | or by individuals who hold a Professional Educator License | ||||||||||||||||||||||||||
11 | with a school support personnel endorsement in the area of | ||||||||||||||||||||||||||
12 | school counseling under Section 21B-25 of this Code. | ||||||||||||||||||||||||||
13 | School counseling services may include, but are not | ||||||||||||||||||||||||||
14 | limited to: | ||||||||||||||||||||||||||
15 | (1) designing and delivering a comprehensive school | ||||||||||||||||||||||||||
16 | counseling program that promotes student achievement and | ||||||||||||||||||||||||||
17 | wellness; | ||||||||||||||||||||||||||
18 | (2) incorporating the common core language into the | ||||||||||||||||||||||||||
19 | school counselor's work and role; | ||||||||||||||||||||||||||
20 | (3) school counselors working as culturally skilled | ||||||||||||||||||||||||||
21 | professionals who act sensitively to promote social | ||||||||||||||||||||||||||
22 | justice and equity in a pluralistic society; | ||||||||||||||||||||||||||
23 | (4) providing individual and group counseling; |
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1 | (5) providing a core counseling curriculum that serves | ||||||
2 | all students and addresses the knowledge and skills | ||||||
3 | appropriate to their developmental level through a | ||||||
4 | collaborative model of delivery involving the school | ||||||
5 | counselor, classroom teachers, and other appropriate | ||||||
6 | education professionals, and including prevention and | ||||||
7 | pre-referral activities; | ||||||
8 | (6) making referrals when necessary to appropriate | ||||||
9 | offices or outside agencies; | ||||||
10 | (7) providing college and career development | ||||||
11 | activities and counseling; | ||||||
12 | (8) developing individual career plans with students; | ||||||
13 | (9) assisting all students with a college or | ||||||
14 | post-secondary education plan, which must include a | ||||||
15 | discussion on all post-secondary education options, | ||||||
16 | including 4-year colleges or universities, community | ||||||
17 | colleges, and vocational schools; | ||||||
18 | (10) intentionally addressing the career and college | ||||||
19 | needs of first generation students; | ||||||
20 | (11) educating all students on scholarships, financial | ||||||
21 | aid, and preparation of the Federal Application for | ||||||
22 | Federal Student Aid; | ||||||
23 | (12) collaborating with institutions of higher | ||||||
24 | education and local community colleges so that students | ||||||
25 | understand post-secondary education options and are ready | ||||||
26 | to transition successfully; |
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1 | (13) providing crisis intervention and contributing to | ||||||
2 | the development of a specific crisis plan within the | ||||||
3 | school setting in collaboration with multiple | ||||||
4 | stakeholders; | ||||||
5 | (14) educating students, teachers, and parents on | ||||||
6 | anxiety, depression, cutting, and suicide issues and | ||||||
7 | intervening with students who present with these issues; | ||||||
8 | (15) providing counseling and other resources to | ||||||
9 | students who are in crisis; | ||||||
10 | (16) providing resources for those students who do not | ||||||
11 | have access to mental health services; | ||||||
12 | (17) addressing bullying and conflict resolution with | ||||||
13 | all students; | ||||||
14 | (18) teaching communication skills and helping | ||||||
15 | students develop positive relationships; | ||||||
16 | (19) using culturally-sensitive skills in working with | ||||||
17 | all students to promote wellness; | ||||||
18 | (20) addressing the needs of undocumented students in | ||||||
19 | the school, as well as students who are legally in the | ||||||
20 | United States, but whose parents are undocumented; | ||||||
21 | (21) contributing to a student's functional behavioral | ||||||
22 | assessment, as well as assisting in the development of | ||||||
23 | non-aversive behavioral intervention strategies; | ||||||
24 | (22) (i) assisting students in need of special | ||||||
25 | education services by implementing the academic supports | ||||||
26 | and social-emotional and college or career development |
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1 | counseling services or interventions per a student's | ||||||
2 | individualized education program (IEP); (ii) participating | ||||||
3 | in or contributing to a student's IEP and completing a | ||||||
4 | social-developmental history; or (iii) providing services | ||||||
5 | to a student with a disability under the student's IEP or | ||||||
6 | federal Section 504 plan, as recommended by the student's | ||||||
7 | IEP team or Section 504 plan team and in compliance with | ||||||
8 | federal and State laws and rules governing the provision | ||||||
9 | of educational and related services and school-based | ||||||
10 | accommodations to students with
disabilities and the | ||||||
11 | qualifications of school personnel to provide such | ||||||
12 | services and accommodations; | ||||||
13 | (23) assisting in the development of a personal | ||||||
14 | educational plan with each student; | ||||||
15 | (24) educating students on dual credit and learning | ||||||
16 | opportunities on the Internet; | ||||||
17 | (25) providing information for all students in the | ||||||
18 | selection of courses that will lead to post-secondary | ||||||
19 | education opportunities toward a successful career; | ||||||
20 | (26) interpreting achievement test results and guiding | ||||||
21 | students in appropriate directions; | ||||||
22 | (27) counseling with students, families, and teachers, | ||||||
23 | in compliance with federal and State laws; | ||||||
24 | (28) providing families with opportunities for | ||||||
25 | education and counseling as appropriate in relation to the | ||||||
26 | student's educational assessment; |
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1 | (29) consulting and collaborating with teachers and | ||||||
2 | other school personnel regarding behavior management and | ||||||
3 | intervention plans and inclusion in support of students; | ||||||
4 | (30) teaming and partnering with staff, parents, | ||||||
5 | businesses, and community organizations to support student | ||||||
6 | achievement and social-emotional learning standards for | ||||||
7 | all students; | ||||||
8 | (31) developing and implementing school-based | ||||||
9 | prevention programs, including, but not limited to, | ||||||
10 | mediation and violence prevention, implementing social and | ||||||
11 | emotional education programs and services, and | ||||||
12 | establishing and implementing bullying prevention and | ||||||
13 | intervention programs; | ||||||
14 | (32) developing culturally-sensitive assessment | ||||||
15 | instruments for measuring school counseling prevention and | ||||||
16 | intervention effectiveness and collecting, analyzing, and | ||||||
17 | interpreting data; | ||||||
18 | (33) participating on school and district committees | ||||||
19 | to advocate for student programs and resources, as well as | ||||||
20 | establishing a school counseling advisory council that | ||||||
21 | includes representatives of key stakeholders selected to | ||||||
22 | review and advise on the implementation of the school | ||||||
23 | counseling program; | ||||||
24 | (34) acting as a liaison between the public schools | ||||||
25 | and community resources and building relationships with | ||||||
26 | important stakeholders, such as families, administrators, |
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1 | teachers, and board members; | ||||||
2 | (35) maintaining organized, clear, and useful records | ||||||
3 | in a confidential manner consistent with Section 5 of the | ||||||
4 | Illinois School Student Records Act, the Family | ||||||
5 | Educational Rights and Privacy Act, and the Health | ||||||
6 | Insurance Portability and Accountability Act; | ||||||
7 | (36) presenting an annual agreement to the | ||||||
8 | administration, including a formal discussion of the | ||||||
9 | alignment of school and school counseling program missions | ||||||
10 | and goals and detailing specific school counselor | ||||||
11 | responsibilities; | ||||||
12 | (37) identifying and implementing | ||||||
13 | culturally-sensitive measures of success for student | ||||||
14 | competencies in each of the 3 domains of academic, social | ||||||
15 | and emotional, and college and career learning based on | ||||||
16 | planned and periodic assessment of the comprehensive | ||||||
17 | developmental school counseling program; | ||||||
18 | (38) collaborating as a team member in Response to | ||||||
19 | Intervention (RtI) and other school initiatives; | ||||||
20 | (39) conducting observations and participating in | ||||||
21 | recommendations or interventions regarding the placement | ||||||
22 | of children in educational programs or special education | ||||||
23 | classes; | ||||||
24 | (40) analyzing data and results of school counseling | ||||||
25 | program assessments, including curriculum, small-group, | ||||||
26 | and closing-the-gap results reports, and designing |
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1 | strategies to continue to improve program effectiveness; | ||||||
2 | (41) analyzing data and results of school counselor | ||||||
3 | competency assessments; | ||||||
4 | (42) following American School Counselor Association | ||||||
5 | Ethical Standards for School Counselors to demonstrate | ||||||
6 | high standards of integrity, leadership, and | ||||||
7 | professionalism; | ||||||
8 | (43) knowing and embracing common core standards by | ||||||
9 | using common core language; | ||||||
10 | (44) practicing as a culturally-skilled school | ||||||
11 | counselor by infusing the multicultural competencies | ||||||
12 | within the role of the school counselor, including the | ||||||
13 | practice of culturally-sensitive attitudes and beliefs, | ||||||
14 | knowledge, and skills; | ||||||
15 | (45) infusing the Social-Emotional Standards, as | ||||||
16 | presented in the State Board of Education standards, | ||||||
17 | across the curriculum and in the counselor's role in ways | ||||||
18 | that empower and enable students to achieve academic | ||||||
19 | success across all grade levels; | ||||||
20 | (46) providing services only in areas in which the | ||||||
21 | school counselor has appropriate training or expertise, as | ||||||
22 | well as only providing counseling or consulting services | ||||||
23 | within his or her employment to any student in the | ||||||
24 | district or districts which employ such school counselor, | ||||||
25 | in accordance with professional ethics; | ||||||
26 | (47) having adequate training in supervision knowledge |
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1 | and skills in order to supervise school counseling interns | ||||||
2 | enrolled in graduate school counselor preparation programs | ||||||
3 | that meet the standards established by the State Board of | ||||||
4 | Education; | ||||||
5 | (48) being involved with State and national | ||||||
6 | professional associations; | ||||||
7 | (49) participating, at least once every 2 years, in an | ||||||
8 | in-service training program for school counselors | ||||||
9 | conducted by persons with expertise in domestic and sexual | ||||||
10 | violence and the needs of expectant and parenting youth, | ||||||
11 | which shall include training concerning (i) communicating | ||||||
12 | with and listening to youth victims of domestic or sexual | ||||||
13 | violence and expectant and parenting youth, (ii) | ||||||
14 | connecting youth victims of domestic or sexual violence | ||||||
15 | and expectant and parenting youth to appropriate in-school | ||||||
16 | services and other agencies, programs, and services as | ||||||
17 | needed, and (iii) implementing the school district's | ||||||
18 | policies, procedures, and protocols with regard to such | ||||||
19 | youth, including confidentiality; at a minimum, school | ||||||
20 | personnel must be trained to understand, provide | ||||||
21 | information and referrals, and address issues pertaining | ||||||
22 | to youth who are parents, expectant parents, or victims of | ||||||
23 | domestic or sexual violence; | ||||||
24 | (50) participating, at least every 2 years, in an | ||||||
25 | in-service training program for school counselors | ||||||
26 | conducted by persons with expertise in anaphylactic |
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1 | reactions and management; | ||||||
2 | (51) participating, at least once every 2 years, in an | ||||||
3 | in-service training on educator ethics, teacher-student | ||||||
4 | conduct, and school employee-student conduct for all | ||||||
5 | personnel; | ||||||
6 | (52) participating, in addition to other topics at | ||||||
7 | in-service training programs, in training to identify the | ||||||
8 | warning signs of mental illness and suicidal behavior in | ||||||
9 | adolescents and teenagers and learning appropriate | ||||||
10 | intervention and referral techniques; | ||||||
11 | (53) obtaining training to have a basic knowledge of | ||||||
12 | matters relating to acquired immunodeficiency syndrome | ||||||
13 | (AIDS), including the nature of the disease, its causes | ||||||
14 | and effects, the means of detecting it and preventing its | ||||||
15 | transmission, and the availability of appropriate sources | ||||||
16 | of counseling and referral and any other information that | ||||||
17 | may be appropriate considering the age and grade level of | ||||||
18 | the pupils; the school board shall supervise such training | ||||||
19 | and the State Board of Education and the Department of | ||||||
20 | Public Health shall jointly develop standards for such | ||||||
21 | training; and | ||||||
22 | (54) participating in mandates from the State Board of | ||||||
23 | Education for bullying education and social-emotional | ||||||
24 | literary. | ||||||
25 | School districts shall may employ a sufficient number of | ||||||
26 | school counselors to maintain a the national and State |
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1 | recommended student-counselor ratio of 150 250 to 1. School | ||||||
2 | districts may have school counselors spend at least 80% of his | ||||||
3 | or her work time in direct contact with students. | ||||||
4 | Nothing in this Section prohibits other qualified | ||||||
5 | professionals, including other endorsed school support | ||||||
6 | personnel, from providing the services listed in this Section.
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7 | (Source: P.A. 101-290, eff. 8-9-19.)
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8 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
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9 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
10 | general
supervision and jurisdiction over the public education | ||||||
11 | and the public
school system of the city, and, except as | ||||||
12 | otherwise provided by this
Article, shall have power:
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13 | 1. To make suitable provision for the establishment | ||||||
14 | and maintenance
throughout the year or for such portion | ||||||
15 | thereof as it may direct, not
less than 9 months and in | ||||||
16 | compliance with Section 10-19.05, of schools of all grades | ||||||
17 | and kinds, including normal
schools, high schools, night | ||||||
18 | schools, schools for defectives and
delinquents, parental | ||||||
19 | and truant schools, schools for the blind, the
deaf , and | ||||||
20 | persons with physical disabilities, schools or classes in | ||||||
21 | manual training,
constructural and vocational teaching, | ||||||
22 | domestic arts , and physical
culture, vocation and | ||||||
23 | extension schools and lecture courses, and all
other | ||||||
24 | educational courses and facilities, including | ||||||
25 | establishing,
equipping, maintaining and operating |
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1 | playgrounds and recreational
programs, when such programs | ||||||
2 | are conducted in, adjacent to, or connected
with any | ||||||
3 | public school under the general supervision and | ||||||
4 | jurisdiction
of the board; provided that the calendar for | ||||||
5 | the school term and any changes must be submitted to and | ||||||
6 | approved by the State Board of Education before the | ||||||
7 | calendar or changes may take effect, and provided that in | ||||||
8 | allocating funds
from year to year for the operation of | ||||||
9 | all attendance centers within the
district, the board | ||||||
10 | shall ensure that supplemental general State aid or | ||||||
11 | supplemental grant funds
are allocated and applied in | ||||||
12 | accordance with Section 18-8, 18-8.05, or 18-8.15. To
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13 | admit to such
schools without charge foreign exchange | ||||||
14 | students who are participants in
an organized exchange | ||||||
15 | student program which is authorized by the board.
The | ||||||
16 | board shall permit all students to enroll in | ||||||
17 | apprenticeship programs
in trade schools operated by the | ||||||
18 | board, whether those programs are
union-sponsored or not. | ||||||
19 | No student shall be refused admission into or
be excluded | ||||||
20 | from any course of instruction offered in the common | ||||||
21 | schools
by reason of that student's sex. No student shall | ||||||
22 | be denied equal
access to physical education and | ||||||
23 | interscholastic athletic programs
supported from school | ||||||
24 | district funds or denied participation in
comparable | ||||||
25 | physical education and athletic programs solely by reason | ||||||
26 | of
the student's sex. Equal access to programs supported |
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1 | from school
district funds and comparable programs will be | ||||||
2 | defined in rules
promulgated by the State Board of | ||||||
3 | Education in
consultation with the Illinois High School | ||||||
4 | Association.
Notwithstanding any other provision of this | ||||||
5 | Article, neither the board
of education nor any local | ||||||
6 | school council or other school official shall
recommend | ||||||
7 | that children with disabilities be placed into regular | ||||||
8 | education
classrooms unless those children with | ||||||
9 | disabilities are provided with
supplementary services to | ||||||
10 | assist them so that they benefit from the regular
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11 | classroom instruction and are included on the teacher's | ||||||
12 | regular education
class register;
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13 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
14 | charge
therefor, and to use school funds for the payment | ||||||
15 | of such expenses as
the board may determine are necessary | ||||||
16 | in conducting the school lunch
program;
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17 | 3. To co-operate with the circuit court;
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18 | 4. To make arrangements with the public or | ||||||
19 | quasi-public libraries
and museums for the use of their | ||||||
20 | facilities by teachers and pupils of
the public schools;
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21 | 5. To employ dentists and prescribe their duties for | ||||||
22 | the purpose of
treating the pupils in the schools, but | ||||||
23 | accepting such treatment shall
be optional with parents or | ||||||
24 | guardians;
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25 | 6. To grant the use of assembly halls and classrooms | ||||||
26 | when not
otherwise needed, including light, heat, and |
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1 | attendants, for free public
lectures, concerts, and other | ||||||
2 | educational and social interests, free of
charge, under | ||||||
3 | such provisions and control as the principal of the
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4 | affected attendance center may prescribe;
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5 | 7. To apportion the pupils to the several schools; | ||||||
6 | provided that no pupil
shall be excluded from or | ||||||
7 | segregated in any such school on account of his
color, | ||||||
8 | race, sex, or nationality. The board shall take into | ||||||
9 | consideration
the prevention of segregation and the | ||||||
10 | elimination of separation of children
in public schools | ||||||
11 | because of color, race, sex, or nationality. Except that
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12 | children may be committed to or attend parental and social | ||||||
13 | adjustment schools
established and maintained either for | ||||||
14 | boys or girls only. All records
pertaining to the | ||||||
15 | creation, alteration or revision of attendance areas shall
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16 | be open to the public. Nothing herein shall limit the | ||||||
17 | board's authority to
establish multi-area attendance | ||||||
18 | centers or other student assignment systems
for | ||||||
19 | desegregation purposes or otherwise, and to apportion the | ||||||
20 | pupils to the
several schools. Furthermore, beginning in | ||||||
21 | school year 1994-95, pursuant
to a board plan adopted by | ||||||
22 | October 1, 1993, the board shall offer, commencing
on a | ||||||
23 | phased-in basis, the opportunity for families within the | ||||||
24 | school
district to apply for enrollment of their children | ||||||
25 | in any attendance center
within the school district which | ||||||
26 | does not have selective admission
requirements approved by |
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1 | the board. The appropriate geographical area in
which such | ||||||
2 | open enrollment may be exercised shall be determined by | ||||||
3 | the
board of education. Such children may be admitted to | ||||||
4 | any such attendance
center on a space available basis | ||||||
5 | after all children residing within such
attendance | ||||||
6 | center's area have been accommodated. If the number of
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7 | applicants from outside the attendance area exceed the | ||||||
8 | space available,
then successful applicants shall be | ||||||
9 | selected by lottery. The board of
education's open | ||||||
10 | enrollment plan must include provisions that allow | ||||||
11 | low-income low
income students to have access to | ||||||
12 | transportation needed to exercise school
choice. Open | ||||||
13 | enrollment shall be in compliance with the provisions of | ||||||
14 | the
Consent Decree and Desegregation Plan cited in Section | ||||||
15 | 34-1.01;
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16 | 8. To approve programs and policies for providing | ||||||
17 | transportation
services to students. Nothing herein shall | ||||||
18 | be construed to permit or empower
the State Board of | ||||||
19 | Education to order, mandate, or require busing or other
| ||||||
20 | transportation of pupils for the purpose of achieving | ||||||
21 | racial balance in any
school;
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22 | 9. Subject to the limitations in this Article, to | ||||||
23 | establish and
approve system-wide curriculum objectives | ||||||
24 | and standards, including graduation
standards, which | ||||||
25 | reflect the
multi-cultural diversity in the city and are | ||||||
26 | consistent with State law,
provided that for all purposes |
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1 | of this Article courses or
proficiency in American Sign | ||||||
2 | Language shall be deemed to constitute courses
or | ||||||
3 | proficiency in a foreign language; and to employ | ||||||
4 | principals and teachers,
appointed as provided in this
| ||||||
5 | Article, and fix their compensation. The board shall | ||||||
6 | prepare such reports
related to minimal competency testing | ||||||
7 | as may be requested by the State
Board of Education , and , | ||||||
8 | in addition , shall monitor and approve special
education | ||||||
9 | and bilingual education programs and policies within the | ||||||
10 | district to ensure
assure that appropriate services are | ||||||
11 | provided in accordance with applicable
State and federal | ||||||
12 | laws to children requiring services and education in those
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13 | areas;
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14 | 10. To employ non-teaching personnel or utilize | ||||||
15 | volunteer personnel
for: (i) non-teaching duties not | ||||||
16 | requiring instructional judgment or
evaluation of pupils, | ||||||
17 | including library duties; and (ii) supervising study
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18 | halls, long distance teaching reception areas used | ||||||
19 | incident to instructional
programs transmitted by | ||||||
20 | electronic media such as computers, video, and audio,
| ||||||
21 | detention and discipline areas, and school-sponsored | ||||||
22 | extracurricular
activities. The board may further utilize | ||||||
23 | volunteer non-certificated
personnel or employ | ||||||
24 | non-certificated personnel to
assist in the instruction of | ||||||
25 | pupils under the immediate supervision of a
teacher | ||||||
26 | holding a valid certificate, directly engaged in teaching
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1 | subject matter or conducting activities; provided that the | ||||||
2 | teacher
shall be continuously aware of the | ||||||
3 | non-certificated persons' activities and
shall be able to | ||||||
4 | control or modify them. The general superintendent shall
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5 | determine qualifications of such personnel and shall | ||||||
6 | prescribe rules for
determining the duties and activities | ||||||
7 | to be assigned to such personnel;
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8 | 10.5. To utilize volunteer personnel from a regional | ||||||
9 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
10 | of the Safe to Learn Program
established pursuant to | ||||||
11 | Section 25 of the Illinois Violence Prevention Act
of | ||||||
12 | 1995, to provide assistance to schools in times of | ||||||
13 | violence or other
traumatic incidents within a school | ||||||
14 | community by providing crisis
intervention services to | ||||||
15 | lessen the effects of emotional trauma on
individuals and | ||||||
16 | the community; the School Crisis Assistance Team
Steering | ||||||
17 | Committee shall determine the qualifications for | ||||||
18 | volunteers;
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19 | 11. To provide television studio facilities in not to | ||||||
20 | exceed one
school building and to provide programs for | ||||||
21 | educational purposes,
provided, however, that the board | ||||||
22 | shall not construct, acquire, operate,
or maintain a | ||||||
23 | television transmitter; to grant the use of its studio
| ||||||
24 | facilities to a licensed television station located in the | ||||||
25 | school
district; and to maintain and operate not to exceed | ||||||
26 | one school radio
transmitting station and provide programs |
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1 | for educational purposes;
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2 | 12. To offer, if deemed appropriate, outdoor education | ||||||
3 | courses,
including field trips within the State of | ||||||
4 | Illinois, or adjacent states,
and to use school | ||||||
5 | educational funds for the expense of the said outdoor
| ||||||
6 | educational programs, whether within the school district | ||||||
7 | or not;
| ||||||
8 | 13. During that period of the calendar year not | ||||||
9 | embraced within the
regular school term, to provide and | ||||||
10 | conduct courses in subject matters
normally embraced in | ||||||
11 | the program of the schools during the regular
school term | ||||||
12 | and to give regular school credit for satisfactory
| ||||||
13 | completion by the student of such courses as may be | ||||||
14 | approved for credit
by the State Board of Education;
| ||||||
15 | 14. To insure against any loss or liability of the | ||||||
16 | board,
the former School Board Nominating Commission, | ||||||
17 | Local School Councils, the
Chicago Schools Academic | ||||||
18 | Accountability Council, or the former Subdistrict
Councils | ||||||
19 | or of any member, officer, agent , or employee thereof, | ||||||
20 | resulting
from alleged violations of civil rights arising | ||||||
21 | from incidents occurring on
or after September 5, 1967 or | ||||||
22 | from the wrongful or negligent act or
omission of any such | ||||||
23 | person whether occurring within or without the school
| ||||||
24 | premises, provided the officer, agent , or employee was, at | ||||||
25 | the time of the
alleged violation of civil rights or | ||||||
26 | wrongful act or omission, acting
within the scope of his |
| |||||||
| |||||||
1 | or her employment or under direction of the board, the
| ||||||
2 | former School
Board Nominating Commission, the Chicago | ||||||
3 | Schools Academic Accountability
Council, Local School | ||||||
4 | Councils, or the former Subdistrict Councils;
and to | ||||||
5 | provide for or participate in insurance plans for its | ||||||
6 | officers and
employees, including , but not limited to , | ||||||
7 | retirement annuities, medical,
surgical and | ||||||
8 | hospitalization benefits in such types and amounts as may | ||||||
9 | be
determined by the board; provided, however, that the | ||||||
10 | board shall contract
for such insurance only with an | ||||||
11 | insurance company authorized to do business
in this State. | ||||||
12 | Such insurance may include provision for employees who | ||||||
13 | rely
on treatment by prayer or spiritual means alone for | ||||||
14 | healing, in accordance
with the tenets and practice of a | ||||||
15 | recognized religious denomination;
| ||||||
16 | 15. To contract with the corporate authorities of any | ||||||
17 | municipality
or the county board of any county, as the | ||||||
18 | case may be, to provide for
the regulation of traffic in | ||||||
19 | parking areas of property used for school
purposes, in | ||||||
20 | such manner as is provided by Section 11-209 of the The
| ||||||
21 | Illinois Vehicle Code , approved September 29, 1969, as | ||||||
22 | amended ;
| ||||||
23 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
24 | school campus and student directory information to the
| ||||||
25 | official recruiting representatives of the armed forces of | ||||||
26 | Illinois and
the United States for the purposes of |
| |||||||
| |||||||
1 | informing students of the educational
and career | ||||||
2 | opportunities available in the military if the board has | ||||||
3 | provided
such access to persons or groups whose purpose is | ||||||
4 | to acquaint students with
educational or occupational | ||||||
5 | opportunities available to them. The board
is not required | ||||||
6 | to give greater notice regarding the right of access to
| ||||||
7 | recruiting representatives than is given to other persons | ||||||
8 | and groups. In
this paragraph 16, "directory information" | ||||||
9 | means a high school
student's name, address, and telephone | ||||||
10 | number.
| ||||||
11 | (b) If a student or his or her parent or guardian | ||||||
12 | submits a signed,
written request to the high school | ||||||
13 | before the end of the student's sophomore
year (or if the | ||||||
14 | student is a transfer student, by another time set by
the | ||||||
15 | high school) that indicates that the student or his or her | ||||||
16 | parent or
guardian does
not want the student's directory | ||||||
17 | information to be provided to official
recruiting | ||||||
18 | representatives under subsection (a) of this Section, the | ||||||
19 | high
school may not provide access to the student's | ||||||
20 | directory information to
these recruiting representatives. | ||||||
21 | The high school shall notify its
students and their | ||||||
22 | parents or guardians of the provisions of this
subsection | ||||||
23 | (b).
| ||||||
24 | (c) A high school may require official recruiting | ||||||
25 | representatives of
the armed forces of Illinois and the | ||||||
26 | United States to pay a fee for copying
and mailing a |
| |||||||
| |||||||
1 | student's directory information in an amount that is not
| ||||||
2 | more than the actual costs incurred by the high school.
| ||||||
3 | (d) Information received by an official recruiting | ||||||
4 | representative
under this Section may be used only to | ||||||
5 | provide information to students
concerning educational and | ||||||
6 | career opportunities available in the military
and may not | ||||||
7 | be released to a person who is not involved in recruiting
| ||||||
8 | students for the armed forces of Illinois or the United | ||||||
9 | States;
| ||||||
10 | 17. (a) To sell or market any computer program | ||||||
11 | developed by an employee
of the school district, provided | ||||||
12 | that such employee developed the computer
program as a | ||||||
13 | direct result of his or her duties with the school | ||||||
14 | district
or through the utilization of the school district | ||||||
15 | resources or facilities.
The employee who developed the | ||||||
16 | computer program shall be entitled to share
in the | ||||||
17 | proceeds of such sale or marketing of the computer | ||||||
18 | program. The
distribution of such proceeds between the | ||||||
19 | employee and the school district
shall be as agreed upon | ||||||
20 | by the employee and the school district, except
that | ||||||
21 | neither the employee nor the school district may receive | ||||||
22 | more than 90%
of such proceeds. The negotiation for an | ||||||
23 | employee who is represented by an
exclusive bargaining | ||||||
24 | representative may be conducted by such bargaining
| ||||||
25 | representative at the employee's request.
| ||||||
26 | (b) For the purpose of this paragraph 17:
|
| |||||||
| |||||||
1 | (1) "Computer" means an internally programmed, | ||||||
2 | general purpose digital
device capable of | ||||||
3 | automatically accepting data, processing data and | ||||||
4 | supplying
the results of the operation.
| ||||||
5 | (2) "Computer program" means a series of coded | ||||||
6 | instructions or
statements in a form acceptable to a | ||||||
7 | computer, which causes the computer to
process data in | ||||||
8 | order to achieve a certain result.
| ||||||
9 | (3) "Proceeds" means profits derived from the | ||||||
10 | marketing or sale of a product
after deducting the | ||||||
11 | expenses of developing and marketing such product;
| ||||||
12 | 18. To delegate to the general superintendent of
| ||||||
13 | schools, by resolution, the authority to approve contracts | ||||||
14 | and expenditures
in amounts of $10,000 or less;
| ||||||
15 | 19. Upon the written request of an employee, to | ||||||
16 | withhold from
the compensation of that employee any dues, | ||||||
17 | payments , or contributions
payable by such employee to any | ||||||
18 | labor organization as defined in the
Illinois Educational | ||||||
19 | Labor Relations Act. Under such arrangement, an
amount | ||||||
20 | shall be withheld from each regular payroll period which | ||||||
21 | is equal to
the pro rata share of the annual dues plus any | ||||||
22 | payments or contributions,
and the board shall transmit | ||||||
23 | such withholdings to the specified labor
organization | ||||||
24 | within 10 working days from the time of the withholding;
| ||||||
25 | 19a. Upon receipt of notice from the comptroller of a | ||||||
26 | municipality with
a population of 500,000 or more, a |
| |||||||
| |||||||
1 | county with a population of 3,000,000 or
more, the Cook | ||||||
2 | County Forest Preserve District, the Chicago Park | ||||||
3 | District, the
Metropolitan Water Reclamation District, the | ||||||
4 | Chicago Transit Authority, or
a housing authority of a | ||||||
5 | municipality with a population of 500,000 or more
that a | ||||||
6 | debt is due and owing the municipality, the county, the | ||||||
7 | Cook County
Forest Preserve District, the Chicago Park | ||||||
8 | District, the Metropolitan Water
Reclamation District, the | ||||||
9 | Chicago Transit Authority, or the housing authority
by an | ||||||
10 | employee of the Chicago Board of Education, to withhold, | ||||||
11 | from the
compensation of that employee, the amount of the | ||||||
12 | debt that is due and owing
and pay the amount withheld to | ||||||
13 | the municipality, the county, the Cook County
Forest | ||||||
14 | Preserve District, the Chicago Park District, the | ||||||
15 | Metropolitan Water
Reclamation District, the Chicago | ||||||
16 | Transit Authority, or the housing authority;
provided, | ||||||
17 | however, that the amount
deducted from any one salary or | ||||||
18 | wage payment shall not exceed 25% of the net
amount of the | ||||||
19 | payment. Before the Board deducts any amount from any | ||||||
20 | salary or
wage of an employee under this paragraph, the | ||||||
21 | municipality, the county, the
Cook County Forest Preserve | ||||||
22 | District, the Chicago Park District, the
Metropolitan | ||||||
23 | Water Reclamation District, the Chicago Transit Authority, | ||||||
24 | or the
housing authority shall certify that (i) the | ||||||
25 | employee has been afforded an
opportunity for a hearing to | ||||||
26 | dispute the debt that is due and owing the
municipality, |
| |||||||
| |||||||
1 | the county, the Cook County Forest Preserve District, the | ||||||
2 | Chicago
Park District, the Metropolitan Water Reclamation | ||||||
3 | District, the Chicago Transit
Authority, or the housing | ||||||
4 | authority and (ii) the employee has received notice
of a | ||||||
5 | wage deduction order and has been afforded an opportunity | ||||||
6 | for a hearing to
object to the order. For purposes of this | ||||||
7 | paragraph, "net amount" means that
part of the salary or | ||||||
8 | wage payment remaining after the deduction of any amounts
| ||||||
9 | required by law to be deducted and "debt due and owing" | ||||||
10 | means (i) a specified
sum of money owed to the | ||||||
11 | municipality, the county, the Cook County Forest
Preserve | ||||||
12 | District, the Chicago Park District, the Metropolitan | ||||||
13 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
14 | or the housing authority
for services, work, or goods, | ||||||
15 | after the period granted for payment has expired,
or (ii) | ||||||
16 | a specified sum of money owed to the municipality, the | ||||||
17 | county, the Cook
County Forest Preserve District, the | ||||||
18 | Chicago Park District, the Metropolitan
Water Reclamation | ||||||
19 | District, the Chicago Transit Authority, or the housing
| ||||||
20 | authority pursuant to a court order or order of an | ||||||
21 | administrative hearing
officer after the exhaustion of, or | ||||||
22 | the failure to exhaust, judicial review;
| ||||||
23 | 20. The board shall is encouraged to employ a | ||||||
24 | sufficient number of licensed
certified school counselors | ||||||
25 | to maintain a student/counselor ratio of 150 250 to
1 by | ||||||
26 | July 1, 1990 . Each counselor shall spend at least 75% of |
| |||||||
| |||||||
1 | his work
time in direct contact with students and shall | ||||||
2 | maintain a record of such time;
| ||||||
3 | 21. To make available to students vocational and | ||||||
4 | career
counseling and to establish 5 special career | ||||||
5 | counseling days for students
and parents. On these days | ||||||
6 | representatives of local businesses and
industries shall | ||||||
7 | be invited to the school campus and shall inform students
| ||||||
8 | of career opportunities available to them in the various | ||||||
9 | businesses and
industries. Special consideration shall be | ||||||
10 | given to counseling minority
students as to career | ||||||
11 | opportunities available to them in various fields.
For the | ||||||
12 | purposes of this paragraph, minority student means a | ||||||
13 | person who is any of the following:
| ||||||
14 | (a) American Indian or Alaska Native (a person having | ||||||
15 | origins in any of the original peoples of North and South | ||||||
16 | America, including Central America, and who maintains | ||||||
17 | tribal affiliation or community attachment). | ||||||
18 | (b) Asian (a person having origins in any of the | ||||||
19 | original peoples of the Far East, Southeast Asia, or the | ||||||
20 | Indian subcontinent, including, but not limited to, | ||||||
21 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
22 | the Philippine Islands, Thailand, and Vietnam). | ||||||
23 | (c) Black or African American (a person having origins | ||||||
24 | in any of the black racial groups of Africa). Terms such as | ||||||
25 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
26 | African American". |
| |||||||
| |||||||
1 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
2 | Puerto Rican, South or Central American, or other Spanish | ||||||
3 | culture or origin, regardless of race). | ||||||
4 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
5 | person having origins in any of the original peoples of | ||||||
6 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
7 | Counseling days shall not be in lieu of regular school | ||||||
8 | days;
| ||||||
9 | 22. To report to the State Board of Education the | ||||||
10 | annual
student dropout rate and number of students who | ||||||
11 | graduate from, transfer
from , or otherwise leave bilingual | ||||||
12 | programs;
| ||||||
13 | 23. Except as otherwise provided in the Abused and | ||||||
14 | Neglected Child
Reporting Act or other applicable State or | ||||||
15 | federal law, to permit school
officials to withhold, from | ||||||
16 | any person, information on the whereabouts of
any child | ||||||
17 | removed from school premises when the child has been taken | ||||||
18 | into
protective custody as a victim of suspected child | ||||||
19 | abuse. School officials
shall direct such person to the | ||||||
20 | Department of Children and Family Services ,
or to the | ||||||
21 | local law enforcement agency , if appropriate;
| ||||||
22 | 24. To develop a policy, based on the current state of | ||||||
23 | existing school
facilities, projected enrollment , and | ||||||
24 | efficient utilization of available
resources, for capital | ||||||
25 | improvement of schools and school buildings within
the | ||||||
26 | district, addressing in that policy both the relative |
| |||||||
| |||||||
1 | priority for
major repairs, renovations , and additions to | ||||||
2 | school facilities , and the
advisability or necessity of | ||||||
3 | building new school facilities or closing
existing schools | ||||||
4 | to meet current or projected demographic patterns within
| ||||||
5 | the district;
| ||||||
6 | 25. To make available to the students in every high | ||||||
7 | school attendance
center the ability to take all courses | ||||||
8 | necessary to comply with the Board
of Higher Education's | ||||||
9 | college entrance criteria effective in 1993;
| ||||||
10 | 26. To encourage mid-career changes into the teaching | ||||||
11 | profession,
whereby qualified professionals become | ||||||
12 | certified teachers, by allowing
credit for professional | ||||||
13 | employment in related fields when determining point
of | ||||||
14 | entry on the teacher pay scale;
| ||||||
15 | 27. To provide or contract out training programs for | ||||||
16 | administrative
personnel and principals with revised or | ||||||
17 | expanded duties pursuant to this Code
Act in order to | ||||||
18 | ensure assure they have the knowledge and skills to | ||||||
19 | perform
their duties;
| ||||||
20 | 28. To establish a fund for the prioritized special | ||||||
21 | needs programs, and
to allocate such funds and other lump | ||||||
22 | sum amounts to each attendance center
in a manner | ||||||
23 | consistent with the provisions of part 4 of Section | ||||||
24 | 34-2.3.
Nothing in this paragraph shall be construed to | ||||||
25 | require any additional
appropriations of State funds for | ||||||
26 | this purpose;
|
| |||||||
| |||||||
1 | 29. (Blank);
| ||||||
2 | 30. Notwithstanding any other provision of this Act or | ||||||
3 | any other law to
the contrary, to contract with third | ||||||
4 | parties for services otherwise performed
by employees, | ||||||
5 | including those in a bargaining unit, and to layoff those
| ||||||
6 | employees upon 14 days written notice to the affected | ||||||
7 | employees. Those
contracts may be for a period not to | ||||||
8 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
9 | The board may not operate more than 30 contract schools, | ||||||
10 | provided that the board may operate an additional 5 | ||||||
11 | contract turnaround schools pursuant to item (5.5) of | ||||||
12 | subsection (d) of Section 34-8.3 of this Code, and the | ||||||
13 | governing bodies of contract schools are subject to the | ||||||
14 | Freedom of Information Act and Open Meetings Act;
| ||||||
15 | 31. To promulgate rules establishing procedures | ||||||
16 | governing the layoff or
reduction in force of employees | ||||||
17 | and the recall of such employees, including,
but not | ||||||
18 | limited to, criteria for such layoffs, reductions in force | ||||||
19 | or recall
rights of such employees and the weight to be | ||||||
20 | given to any particular
criterion. Such criteria shall | ||||||
21 | take into account factors , including, but not be
limited | ||||||
22 | to, qualifications, certifications, experience, | ||||||
23 | performance ratings or
evaluations, and any other factors | ||||||
24 | relating to an employee's job performance;
| ||||||
25 | 32. To develop a policy to prevent nepotism in the | ||||||
26 | hiring of personnel
or the selection of contractors;
|
| |||||||
| |||||||
1 | 33. (Blank); and
| ||||||
2 | 34. To establish a Labor Management Council to the | ||||||
3 | board
comprised of representatives of the board, the chief | ||||||
4 | executive
officer, and those labor organizations that are | ||||||
5 | the exclusive
representatives of employees of the board | ||||||
6 | and to promulgate
policies and procedures for the | ||||||
7 | operation of the Council.
| ||||||
8 | The specifications of the powers herein granted are not to | ||||||
9 | be
construed as exclusive , but the board shall also exercise | ||||||
10 | all other
powers that they may be requisite or proper for the | ||||||
11 | maintenance and the
development of a public school system, not | ||||||
12 | inconsistent with the other
provisions of this Article or | ||||||
13 | provisions of this Code which apply to all
school districts.
| ||||||
14 | In addition to the powers herein granted and authorized to | ||||||
15 | be exercised
by the board, it shall be the duty of the board to | ||||||
16 | review or to direct
independent reviews of special education | ||||||
17 | expenditures and services.
The board shall file a report of | ||||||
18 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
19 | (Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18; | ||||||
20 | 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
|