Bill Text: IL HB2233 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Creates the Chicago Board of Education Subdistricts Act. Divides the City of Chicago into 20 subdistricts for the purposes of identifying persons who will serve on the Chicago Board of Education. Amends the School Code. Provides that, by December 14, 2024, the Mayor of the City of Chicago shall appoint a President of the Chicago Board of Education who shall serve a 2-year term that begins January 15, 2025. Provides that, beginning with the 2026 general election, one member shall be elected at large at each general election and shall serve as the president of the board for a 4-year term that begins on January 15 following the date of the general election. Provides that other board members shall be elected in accordance with the Election Code at the 2024 general election and shall be elected in accordance with the Election Code during each subsequent general election. Specifies that each member elected at the 2024 general election shall serve a 2-year term that begins on January 15, 2025. Provides that, of the members elected at the 2026 general election, those members who represent odd-numbered subdistricts shall be elected to serve 4-year terms that begin on January 15, 2027, and those members who represent even-numbered subdistricts shall be elected to serve 2-year terms that begin on January 15, 2027. Provides that, if a member is elected at the 2026 general election to serve a 4-year term, then the member who is elected in that subdistrict at the 2030 general election shall serve a 2-year term that begins on January 15, 2031. Provides that, if a member is elected at the 2026 general election to serve a 2-year term, then the member elected at the 2028 general election shall serve a 4-year term that begins on January 15, 2029. Provides that, beginning with the members elected at the 2032 general election, the members of each subdistrict shall serve two 4-year terms and one 2-year term for each 10-year period thereafter, as determined by lot. Makes changes to provisions concerning conflicts of interest of members of the Chicago Board of Education. Describes the petition circulation and filing deadlines and other requirements for the election of board members. Creates the Chicago Board of Education Black Student Achievement Committee and describes its duties. Authorizes the Board to establish committees or advisory boards to seek guidance on addressing disparities or individualized needs. Makes other technical changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2023-12-08 - Rule 19(a) / Re-referred to Rules Committee [HB2233 Detail]

Download: Illinois-2023-HB2233-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-20.21, 34-18, and 34-21.3 as follows:
(105 ILCS 5/10-20.21)
Sec. 10-20.21. Contracts.
(a) To award all contracts for purchase of supplies and
materials or work involving an expenditure in excess of
$35,000 $25,000 or a lower amount as required by board policy
to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability,
after due advertisement, except the following:
(i) contracts for the services of individuals
possessing a high degree of professional skill where the
ability or fitness of the individual plays an important
part;
(ii) contracts for the printing of finance committee
reports and departmental reports;
(iii) contracts for the printing or engraving of
bonds, tax warrants and other evidences of indebtedness;
(iv) contracts for the purchase of perishable foods
and perishable beverages;

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(v) contracts for materials and work which have been
awarded to the lowest responsible bidder after due
advertisement, but due to unforeseen revisions, not the
fault of the contractor for materials and work, must be
revised causing expenditures not in excess of 10% of the
contract price;
(vi) contracts for the maintenance or servicing of, or
provision of repair parts for, equipment which are made
with the manufacturer or authorized service agent of that
equipment where the provision of parts, maintenance, or
servicing can best be performed by the manufacturer or
authorized service agent;
(vii) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications
and interconnect equipment, software, and services;
(viii) contracts for duplicating machines and
supplies;
(ix) contracts for the purchase of fuel, including
diesel, gasoline, oil, aviation, natural gas, or propane,
lubricants, or other petroleum products;
(x) purchases of equipment previously owned by some
entity other than the district itself;
(xi) contracts for repair, maintenance, remodeling,
renovation, or construction, or a single project involving
an expenditure not to exceed $50,000 and not involving a

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change or increase in the size, type, or extent of an
existing facility;
(xii) contracts for goods or services procured from
another governmental agency;
(xiii) contracts for goods or services which are
economically procurable from only one source, such as for
the purchase of magazines, books, periodicals, pamphlets
and reports, and for utility services such as water,
light, heat, telephone or telegraph;
(xiv) where funds are expended in an emergency and
such emergency expenditure is approved by 3/4 of the
members of the board;
(xv) State master contracts authorized under Article
28A of this Code;
(xvi) contracts providing for the transportation of
pupils, which contracts must be advertised in the same
manner as competitive bids and awarded by first
considering the bidder or bidders most able to provide
safety and comfort for the pupils, stability of service,
and any other factors set forth in the request for
proposal regarding quality of service, and then price; and
(xvii) contracts for goods, services, or management in
the operation of a school's food service, including a
school that participates in any of the United States
Department of Agriculture's child nutrition programs if a
good faith effort is made on behalf of the school district

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to give preference to:
(1) contracts that procure food that promotes the
health and well-being of students, in compliance with
United States Department of Agriculture nutrition
standards for school meals. Contracts should also
promote the production of scratch made, minimally
processed foods;
(2) contracts that give a preference to State or
regional suppliers that source local food products;
(3) contracts that give a preference to food
suppliers that utilize producers that adopt hormone
and pest management practices recommended by the
United States Department of Agriculture;
(4) contracts that give a preference to food
suppliers that value animal welfare; and
(5) contracts that increase opportunities for
businesses owned and operated by minorities, women, or
persons with disabilities.
Food supplier data shall be submitted to the school
district at the time of the bid, to the best of the
bidder's ability, and updated annually thereafter during
the term of the contract. The contractor shall submit the
updated food supplier data. The data required under this
item (xvii) shall include the name and address of each
supplier, distributor, processor, and producer involved in
the provision of the products that the bidder is to

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supply.
However, at no time shall a cause of action lie against a
school board for awarding a pupil transportation contract per
the standards set forth in this subsection (a) unless the
cause of action is based on fraudulent conduct.
All competitive bids for contracts involving an
expenditure in excess of $35,000 $25,000 or a lower amount as
required by board policy must be sealed by the bidder and must
be opened by a member or employee of the school board at a
public bid opening at which the contents of the bids must be
announced. Each bidder must receive at least 3 days' notice of
the time and place of the bid opening. For purposes of this
Section due advertisement includes, but is not limited to, at
least one public notice at least 10 days before the bid date in
a newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master
contracts and certified education purchasing contracts, as
defined in Article 28A of this Code, are not subject to the
requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:

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(1) On the date and time certain of a bid opening, the
primary person conducting the competitive, sealed,
electronic bid process shall log onto a specified database
using a unique username and password previously assigned
to the bidder to allow access to the bidder's specific bid
project number.
(2) The specified electronic database must be on a
network that (i) is in a secure environment behind a
firewall; (ii) has specific encryption tools; (iii)
maintains specific intrusion detection systems; (iv) has
redundant systems architecture with data storage back-up,
whether by compact disc or tape; and (v) maintains a
disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain
the integrity of the sealed bidding process provided for in
this Section, to further limit any possibility of bid-rigging,
to reduce administrative costs to school districts, and to
effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
and all affiliates of the person collect and remit Illinois
Use Tax on all sales of tangible personal property into the
State of Illinois in accordance with the provisions of the
Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax Act.

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For purposes of this Section, the term "affiliate" means any
entity that (1) directly, indirectly, or constructively
controls another entity, (2) is directly, indirectly, or
constructively controlled by another entity, or (3) is subject
to the control of a common entity. For purposes of this
subsection (b), an entity controls another entity if it owns,
directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (b), the
term "voting security" means a security that (1) confers upon
the holder the right to vote for the election of members of the
board of directors or similar governing body of the business
or (2) is convertible into, or entitles the holder to receive
upon its exercise, a security that confers such a right to
vote. A general partnership interest is a voting security.
To require that bids and contracts include a certification
by the bidder or contractor that the bidder or contractor is
not barred from bidding for or entering into a contract under
this Section and that the bidder or contractor acknowledges
that the school board may declare the contract void if the
certification completed pursuant to this subsection (b) is
false.
(b-5) To require all contracts and agreements that pertain
to goods and services and that are intended to generate
additional revenue and other remunerations for the school
district in excess of $1,000, including without limitation
vending machine contracts, sports and other attire, class

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rings, and photographic services, to be approved by the school
board. The school board shall file as an attachment to its
annual budget a report, in a form as determined by the State
Board of Education, indicating for the prior year the name of
the vendor, the product or service provided, and the actual
net revenue and non-monetary remuneration from each of the
contracts or agreements. In addition, the report shall
indicate for what purpose the revenue was used and how and to
whom the non-monetary remuneration was distributed.
(b-10) To prohibit any contract to purchase food with a
bidder or offeror if the bidder's or offeror's contract terms
prohibit the school from donating food to food banks,
including, but not limited to, homeless shelters, food
pantries, and soup kitchens.
(c) If the State education purchasing entity creates a
master contract as defined in Article 28A of this Code, then
the State education purchasing entity shall notify school
districts of the existence of the master contract.
(d) In purchasing supplies, materials, equipment, or
services that are not subject to subsection (c) of this
Section, before a school district solicits bids or awards a
contract, the district may review and consider as a bid under
subsection (a) of this Section certified education purchasing
contracts that are already available through the State
education purchasing entity.
(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20;

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102-1101, eff. 6-29-22.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment
and maintenance throughout the year or for such portion
thereof as it may direct, not less than 9 months and in
compliance with Section 10-19.05, of schools of all grades
and kinds, including normal schools, high schools, night
schools, schools for defectives and delinquents, parental
and truant schools, schools for the blind, the deaf, and
persons with physical disabilities, schools or classes in
manual training, constructural and vocational teaching,
domestic arts, and physical culture, vocation and
extension schools and lecture courses, and all other
educational courses and facilities, including
establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any
public school under the general supervision and
jurisdiction of the board; provided that the calendar for
the school term and any changes must be submitted to and
approved by the State Board of Education before the

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calendar or changes may take effect, and provided that in
allocating funds from year to year for the operation of
all attendance centers within the district, the board
shall ensure that supplemental general State aid or
supplemental grant funds are allocated and applied in
accordance with Section 18-8, 18-8.05, or 18-8.15. To
admit to such schools without charge foreign exchange
students who are participants in an organized exchange
student program which is authorized by the board. The
board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason
of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend

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that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular
classroom instruction and are included on the teacher's
regular education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment
of such expenses as the board may determine are necessary
in conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or
quasi-public libraries and museums for the use of their
facilities by teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or

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segregated in any such school on account of his color,
race, sex, or nationality. The board shall take into
consideration the prevention of segregation and the
elimination of separation of children in public schools
because of color, race, sex, or nationality. Except that
children may be committed to or attend parental and social
adjustment schools established and maintained either for
boys or girls only. All records pertaining to the
creation, alteration or revision of attendance areas shall
be open to the public. Nothing herein shall limit the
board's authority to establish multi-area attendance
centers or other student assignment systems for
desegregation purposes or otherwise, and to apportion the
pupils to the several schools. Furthermore, beginning in
school year 1994-95, pursuant to a board plan adopted by
October 1, 1993, the board shall offer, commencing on a
phased-in basis, the opportunity for families within the
school district to apply for enrollment of their children
in any attendance center within the school district which
does not have selective admission requirements approved by
the board. The appropriate geographical area in which such
open enrollment may be exercised shall be determined by
the board of education. Such children may be admitted to
any such attendance center on a space available basis
after all children residing within such attendance
center's area have been accommodated. If the number of

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applicants from outside the attendance area exceed the
space available, then successful applicants shall be
selected by lottery. The board of education's open
enrollment plan must include provisions that allow
low-income students to have access to transportation
needed to exercise school choice. Open enrollment shall be
in compliance with the provisions of the Consent Decree
and Desegregation Plan cited in Section 34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ
principals and teachers, appointed as provided in this
Article, and fix their compensation. The board shall
prepare such reports related to minimal competency testing
as may be requested by the State Board of Education and, in

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addition, shall monitor and approve special education and
bilingual education programs and policies within the
district to ensure that appropriate services are provided
in accordance with applicable State and federal laws to
children requiring services and education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer nonlicensed personnel or employ nonlicensed
personnel to assist in the instruction of pupils under the
immediate supervision of a teacher holding a valid
educator license, directly engaged in teaching subject
matter or conducting activities; provided that the teacher
shall be continuously aware of the nonlicensed persons'
activities and shall be able to control or modify them.
The general superintendent shall determine qualifications
of such personnel and shall prescribe rules for
determining the duties and activities to be assigned to
such personnel;
10.5. To utilize volunteer personnel from a regional

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School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of
1995, to provide assistance to schools in times of
violence or other traumatic incidents within a school
community by providing crisis intervention services to
lessen the effects of emotional trauma on individuals and
the community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school
educational funds for the expense of the said outdoor
educational programs, whether within the school district
or not;
13. During that period of the calendar year not

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embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in
the program of the schools during the regular school term
and to give regular school credit for satisfactory
completion by the student of such courses as may be
approved for credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent, or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent, or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his
or her employment or under direction of the board, the
former School Board Nominating Commission, the Chicago
Schools Academic Accountability Council, Local School
Councils, or the former Subdistrict Councils; and to
provide for or participate in insurance plans for its
officers and employees, including, but not limited to,
retirement annuities, medical, surgical and
hospitalization benefits in such types and amounts as may

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be determined by the board; provided, however, that the
board shall contract for such insurance only with an
insurance company authorized to do business in this State.
Such insurance may include provision for employees who
rely on treatment by prayer or spiritual means alone for
healing, in accordance with the tenets and practice of a
recognized religious denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the
case may be, to provide for the regulation of traffic in
parking areas of property used for school purposes, in
such manner as is provided by Section 11-209 of the
Illinois Vehicle Code;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone

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number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school
before the end of the student's sophomore year (or if the
student is a transfer student, by another time set by the
high school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their
parents or guardians of the provisions of this subsection
(b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;

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17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school
district or through the utilization of school district
resources or facilities. The employee who developed the
computer program shall be entitled to share in the
proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the
employee and the school district shall be as agreed upon
by the employee and the school district, except that
neither the employee nor the school district may receive
more than 90% of such proceeds. The negotiation for an
employee who is represented by an exclusive bargaining
representative may be conducted by such bargaining
representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from the

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marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $35,000 $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments, or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which
is equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a
county with a population of 3,000,000 or more, the Cook
County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or a housing authority of a
municipality with a population of 500,000 or more that a
debt is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority by an

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employee of the Chicago Board of Education, to withhold,
from the compensation of that employee, the amount of the
debt that is due and owing and pay the amount withheld to
the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority; provided,
however, that the amount deducted from any one salary or
wage payment shall not exceed 25% of the net amount of the
payment. Before the Board deducts any amount from any
salary or wage of an employee under this paragraph, the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority shall certify that (i) the
employee has been afforded an opportunity for a hearing to
dispute the debt that is due and owing the municipality,
the county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority and (ii) the employee has received notice of a
wage deduction order and has been afforded an opportunity
for a hearing to object to the order. For purposes of this
paragraph, "net amount" means that part of the salary or
wage payment remaining after the deduction of any amounts
required by law to be deducted and "debt due and owing"

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means (i) a specified sum of money owed to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority for services, work, or goods,
after the period granted for payment has expired, or (ii)
a specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or
the failure to exhaust, judicial review;
20. The board is encouraged to employ a sufficient
number of licensed school counselors to maintain a
student/counselor ratio of 250 to 1. Each counselor shall
spend at least 75% of his work time in direct contact with
students and shall maintain a record of such time;
21. To make available to students vocational and
career counseling and to establish 5 special career
counseling days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career

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opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a
person who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa).
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from, or otherwise leave bilingual
programs;

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23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services or to the local
law enforcement agency, if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment, and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations, and additions to
school facilities and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
licensed teachers, by allowing credit for professional

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employment in related fields when determining point of
entry on the teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Code in order to ensure
they have the knowledge and skills to perform their
duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section
34-2.3. Nothing in this paragraph shall be construed to
require any additional appropriations of State funds for
this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code, and the

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governing bodies of contract schools are subject to the
Freedom of Information Act and Open Meetings Act;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees
and the recall of such employees, including, but not
limited to, criteria for such layoffs, reductions in force
or recall rights of such employees and the weight to be
given to any particular criterion. Such criteria shall
take into account factors, including, but not limited to,
qualifications, certifications, experience, performance
ratings or evaluations, and any other factors relating to
an employee's job performance;
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;
33. (Blank); and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board
and to promulgate policies and procedures for the
operation of the Council.
The specifications of the powers herein granted are not to
be construed as exclusive, but the board shall also exercise
all other powers that may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or

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provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff.
5-20-22.)
(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
Sec. 34-21.3. Contracts. The board shall by record vote
let all contracts (other than those excepted by Section
10-20.21 of this The School Code) for supplies, materials, or
work, and contracts with private carriers for transportation
of pupils, involving an expenditure in excess of $35,000
$25,000 or a lower amount as required by board policy by
competitive bidding as provided in Section 10-20.21 of this
The School Code.
The board may delegate to the general superintendent of
schools, by resolution, the authority to approve contracts in
amounts of $35,000 $25,000 or less.
For a period of one year from and after the expiration or
other termination of his or her term of office as a member of
the board: (i) the former board member shall not be eligible
for employment nor be employed by the board, a local school

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council, an attendance center, or any other subdivision or
agent of the board or the school district governed by the
board, and (ii) neither the board nor the chief purchasing
officer shall let or delegate authority to let any contract
for services, employment, or other work to the former board
member or to any corporation, partnership, association, sole
proprietorship, or other entity other than publicly traded
companies from which the former board member receives an
annual income, dividends, or other compensation in excess of
$1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing
officer shall contain a provision stating that the contract is
not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation
with the board, shall (i) review existing conflict of interest
and disclosure laws or regulations that are applicable to the
executive officers and governing boards of school districts
organized under this Article and school districts generally,
(ii) determine what additional disclosure and conflict of
interest provisions would enhance the reputation and fiscal
integrity of the board and the procedure under which contracts
for goods and services are let, and (iii) develop appropriate
reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school
district.

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(Source: P.A. 95-990, eff. 10-3-08.)