Bill Text: IL HB3022 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Makes changes concerning the legal adviser of school officers, the teacher supply and demand report, budgets and accounting practices, the new principal mentoring program, reporting on the number of high school students enrolled in courses at a community college, the identification, evaluation, and placement of children with disabilities, State aid claims, and dropouts. Repeals Sections concerning granting and suspending teachers' certificates, visiting charitable institutions, information furnished by regional superintendents, alcohol and substance abuse education and prevention programs, a catalogue of reports, racial reports, the Committee of Cooperative Services, and alternative learning opportunities program funding. Amends the Critical Health Problems and Comprehensive Health Education Act to repeal a Section concerning an advisory committee. Repeals the Chicago Community Schools Study Commission Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3022 Detail]

Download: Illinois-2011-HB3022-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
2-3.7, 2-3.11c, 2-3.22, 2-3.27, 2-3.53a, 10-21.4, 14-8.02,
18-12, 26-2a, and 34-8 as follows:
(105 ILCS 5/2-3.7) (from Ch. 122, par. 2-3.7)
Sec. 2-3.7. Legal adviser; opinions of school officers -
Opinions. To be the legal adviser of regional offices of
education school officers, and, when requested by any school
officer, to give an opinion in writing upon any question
arising under the school laws of the State.
(Source: P.A. 81-1508.)
(105 ILCS 5/2-3.11c)
Sec. 2-3.11c. Teacher supply and demand report. Through
January 1, 2009, to report annually, on or before January 1, on
the relative supply and demand for education staff of the
public schools to the Governor, to the General Assembly, and to
institutions of higher education that prepare teachers,
administrators, school service personnel, other certificated
individuals, and other professionals employed by school
districts or joint agreements. After the report due on January

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1, 2009 is submitted, future reports shall be submitted once
every 3 years, with the first report being submitted on or
before January 1, 2012 2011. The report shall contain the
following information:
(1) the relative supply and demand for teachers,
administrators, and other certificated and
non-certificated personnel by field, content area, and
levels;
(2) State and regional analyses of fields, content
areas, and levels with an over-supply or under-supply of
educators; and
(3) projections of likely high demand and low demand
for educators, in a manner sufficient to advise the public,
individuals, and institutions regarding career
opportunities in education.
(Source: P.A. 96-734, eff. 8-25-09.)
(105 ILCS 5/2-3.22) (from Ch. 122, par. 2-3.22)
Sec. 2-3.22. Withholding school funds or compensation of
regional superintendent of schools. To require the State
Comptroller to withhold from the regional superintendent of
schools the amount due the regional superintendent of schools
for his compensation, until the reports, statements, books,
vouchers and other records provided for in Sections 2-3.17,
2-3.17a and 3-15.8 have been furnished.
(Source: P.A. 88-641, eff. 9-9-94.)

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(105 ILCS 5/2-3.27) (from Ch. 122, par. 2-3.27)
Sec. 2-3.27. Budgets and accounting practices-Forms and
procedures.
To formulate and approve forms, procedure and regulations
for school district accounts and budgets required by this Act
reflecting the gross amount of income and expenses, receipts
and disbursements and extending a net surplus or deficit on
operating items, to advise and assist the officers of any
district in respect to budgets and accounting practices and in
the formulation and use of such books, records and accounts or
other forms as may be required to comply with the provisions of
this Act; to publish and keep current information pamphlets or
manuals in looseleaf form relating to budgetary and accounting
procedure or similar topics; to make all rules and regulations
as may be necessary to carry into effect the provisions of this
Act relating to budgetary procedure and accounting, such rules
and regulations to include but not to be limited to the
establishment of a decimal classification of accounts; to
confer with various district, county and State officials or
take such other action as may be reasonably required to carry
out the provisions of this Act relating to budgets and
accounting.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/2-3.53a)

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Sec. 2-3.53a. New principal mentoring program.
(a) Beginning on July 1, 2007, and subject to an annual
appropriation by the General Assembly, to establish a new
principal mentoring program for new principals. Any individual
who is first hired as a principal on or after July 1, 2007
shall participate in a new principal mentoring program for the
duration of his or her first year as a principal and must
complete the program in accordance with the requirements
established by the State Board of Education by rule or, for a
school district created by Article 34 of this Code, in
accordance with the provisions of Section 34-18.33 34-18.27 of
this Code. School districts created by Article 34 are not
subject to the requirements of subsection (b), (c), (d), (e),
(f), or (g) of this Section. Any individual who is first hired
as a principal on or after July 1, 2008 may participate in a
second year of mentoring if it is determined by the State
Superintendent of Education that sufficient funding exists for
such participation. The new principal mentoring program shall
match an experienced principal who meets the requirements of
subsection (b) of this Section with each new principal in order
to assist the new principal in the development of his or her
professional growth and to provide guidance.
(b) Any individual who has been a principal in Illinois for
3 or more years and who has demonstrated success as an
instructional leader, as determined by the State Board by rule,
is eligible to apply to be a mentor under a new principal

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mentoring program. Mentors shall complete mentoring training
by entities approved by the State Board and meet any other
requirements set forth by the State Board and by the school
district employing the mentor.
(c) The State Board shall certify an entity or entities
approved to provide training of mentors.
(d) A mentor shall be assigned to a new principal based on
(i) similarity of grade level or type of school, (ii) learning
needs of the new principal, and (iii) geographical proximity of
the mentor to the new principal. The principal, in
collaboration with the mentor, shall identify areas for
improvement of the new principal's professional growth,
including, but not limited to, each of the following:
(1) Analyzing data and applying it to practice.
(2) Aligning professional development and
instructional programs.
(3) Building a professional learning community.
(4) Observing classroom practices and providing
feedback.
(5) Facilitating effective meetings.
(6) Developing distributive leadership practices.
(7) Facilitating organizational change.
The mentor shall not be required to provide an evaluation of
the new principal on the basis of the mentoring relationship.
(e) On or before July 1, 2008 and on or after July 1 of each
year thereafter, the State Board shall facilitate a review and

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evaluate the mentoring training program in collaboration with
the approved providers. Each new principal and his or her
mentor must complete a verification form developed by the State
Board in order to certify their completion of a new principal
mentoring program.
(f) The requirements of this Section do not apply to any
individual who has previously served as an assistant principal
in Illinois acting under an administrative certificate for 5 or
more years and who is hired, on or after July 1, 2007, as a
principal by the school district in which the individual last
served as an assistant principal, although such an individual
may choose to participate in this program or shall be required
to participate by the school district.
(g) The State Board may adopt any rules necessary for the
implementation of this Section.
(h) On an annual basis, the State Superintendent of
Education shall determine whether appropriations are likely to
be sufficient to require operation of the mentoring program for
the coming year. In doing so, the State Superintendent of
Education shall first determine whether it is likely that funds
will be sufficient to require operation of the mentoring
program for individuals in their first year as principal and
shall then determine whether it is likely that funds will be
sufficient to require operation of the mentoring program for
individuals in their second year as principal.
(Source: P.A. 96-373, eff. 8-13-09.)

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(105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
Sec. 10-21.4. Superintendent - Duties. Except in districts
in which there is only one school with less than four teachers,
to employ a superintendent who shall have charge of the
administration of the schools under the direction of the board
of education. In addition to the administrative duties, the
superintendent shall make recommendations to the board
concerning the budget, building plans, the locations of sites,
the selection, retention and dismissal of teachers and all
other employees, the selection of textbooks, instructional
material and courses of study. However, in districts under a
Financial Oversight Panel pursuant to Section 1A-8 for
violating a financial plan, the duties and responsibilities of
the superintendent in relation to the financial and business
operations of the district shall be approved by the Panel. In
the event the Board refuses or fails to follow a directive or
comply with an information request of the Panel, the
performance of those duties shall be subject to the direction
of the Panel. The superintendent shall also notify the State
Board of Education, the board and the chief administrative
official, other than the alleged perpetrator himself, in the
school where the alleged perpetrator serves, that any person
who is employed in a school or otherwise comes into frequent
contact with children in the school has been named as a
perpetrator in an indicated report filed pursuant to the Abused

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and Neglected Child Reporting Act, approved June 26, 1975, as
amended. The superintendent shall keep or cause to be kept the
records and accounts as directed and required by the board, aid
in making reports required by the board, and perform such other
duties as the board may delegate to him.
In addition, each year at a time designated by the State
Superintendent of Education in January of each year, each
superintendent shall report to the State Board of Education the
number of high school students in the district who are enrolled
in accredited courses (for which high school credit will be
awarded upon successful completion of the courses) at any
community college, together with the name and number of the
course or courses which each such student is taking.
The provisions of this section shall also apply to board of
director districts.
Notice of intent not to renew a contract must be given in
writing stating the specific reason therefor by April 1 of the
contract year unless the contract specifically provides
otherwise. Failure to do so will automatically extend the
contract for an additional year. Within 10 days after receipt
of notice of intent not to renew a contract, the superintendent
may request a closed session hearing on the dismissal. At the
hearing the superintendent has the privilege of presenting
evidence, witnesses and defenses on the grounds for dismissal.
The provisions of this paragraph shall not apply to a district
under a Financial Oversight Panel pursuant to Section 1A-8 for

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violating a financial plan.
(Source: P.A. 95-496, eff. 8-28-07.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, Evaluation and Placement of
Children.
(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
limited English proficiency students coming from homes in which
a language other than English is used to determine their
eligibility to receive special education. The placement of low
English proficiency students in special education programs and
facilities shall be made in accordance with the test results
reflecting the student's linguistic, cultural and special
education needs. For purposes of determining the eligibility of
children the State Board of Education shall include in the
rules definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a

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language other than English is used, the State Board of
Education shall include in the rules definitions for "qualified
bilingual specialists" and "linguistically and culturally
appropriate individualized educational programs". For purposes
of this Section, as well as Sections 14-8.02a, 14-8.02b, and
14-8.02c of this Code, "parent" means a parent as defined in
the federal Individuals with Disabilities Education Act (20
U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of their right to obtain an independent educational
evaluation if they disagree with the evaluation findings
conducted or obtained by the school district. If the school
district's evaluation is shown to be inappropriate, the school
district shall reimburse the parent for the cost of the
independent evaluation. The State Board of Education shall,
with advice from the State Advisory Council on Education of
Children with Disabilities on the inclusion of specific
independent educational evaluators, prepare a list of

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suggested independent educational evaluators. The State Board
of Education shall include on the list clinical psychologists
licensed pursuant to the Clinical Psychologist Licensing Act.
Such psychologists shall not be paid fees in excess of the
amount that would be received by a school psychologist for
performing the same services. The State Board of Education
shall supply school districts with such list and make the list
available to parents at their request. School districts shall
make the list available to parents at the time they are
informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an
impartial due process hearing under this Section within 5 days
of any written parent request for an independent educational
evaluation to show that its evaluation is appropriate. If the
final decision is that the evaluation is appropriate, the
parent still has a right to an independent educational
evaluation, but not at public expense. An independent
educational evaluation at public expense must be completed
within 30 days of a parent written request unless the school
district initiates an impartial due process hearing or the
parent or school district offers reasonable grounds to show
that such 30 day time period should be extended. If the due
process hearing decision indicates that the parent is entitled
to an independent educational evaluation, it must be completed
within 30 days of the decision unless the parent or the school
district offers reasonable grounds to show that such 30 day

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period should be extended. If a parent disagrees with the
summary report or recommendations of the multidisciplinary
conference or the findings of any educational evaluation which
results therefrom, the school district shall not proceed with a
placement based upon such evaluation and the child shall remain
in his or her regular classroom setting. No child shall be
eligible for admission to a special class for the educable
mentally disabled or for the trainable mentally disabled except
with a psychological evaluation and recommendation by a school
psychologist. Consent shall be obtained from the parent of a
child before any evaluation is conducted. If consent is not
given by the parent or if the parent disagrees with the
findings of the evaluation, then the school district may
initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the
decision resulting from the impartial due process hearing and
the decision is not appealed or if the decision is affirmed on
appeal. The determination of eligibility shall be made and the
IEP meeting shall be completed within 60 school days from the
date of written parental consent. In those instances when
written parental consent is obtained with fewer than 60 pupil
attendance days left in the school year, the eligibility
determination shall be made and the IEP meeting shall be
completed prior to the first day of the following school year.
After a child has been determined to be eligible for a special
education class, such child must be placed in the appropriate

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program pursuant to the individualized educational program by
or no later than the beginning of the next school semester. The
appropriate program pursuant to the individualized educational
program of students whose native tongue is a language other
than English shall reflect the special education, cultural and
linguistic needs. No later than September 1, 1993, the State
Board of Education shall establish standards for the
development, implementation and monitoring of appropriate
bilingual special individualized educational programs. The
State Board of Education shall further incorporate appropriate
monitoring procedures to verify implementation of these
standards. The district shall indicate to the parent and the
State Board of Education the nature of the services the child
will receive for the regular school term while waiting
placement in the appropriate special education class.
If the child is deaf, hard of hearing, blind, or visually
impaired and he or she might be eligible to receive services
from the Illinois School for the Deaf or the Illinois School
for the Visually Impaired, the school district shall notify the
parents, in writing, of the existence of these schools and the
services they provide and shall make a reasonable effort to
inform the parents of the existence of other, local schools
that provide similar services and the services that these other
schools provide. This notification shall include without
limitation information on school services, school admissions
criteria, and school contact information.

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In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of the
child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.
Public Act 95-257 does not create any new entitlement to a

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service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Mentally Disabled
Adults authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be taken
by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to

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their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result in
functional blindness. Each student who is functionally blind
shall be entitled to Braille reading and writing instruction
that is sufficient to enable the student to communicate with
the same level of proficiency as other students of comparable
ability. Instruction should be provided to the extent that the
student is physically and cognitively able to use Braille.
Braille instruction may be used in combination with other
special education services appropriate to the student's
educational needs. The assessment of each student who is
functionally blind for the purpose of developing the student's
individualized education program shall include documentation
of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized
education program for a student who is functionally blind shall
receive information describing the benefits of Braille
instruction. The individualized education program for each
student who is functionally blind shall specify the appropriate
learning medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who are not disabled; provided that children with
disabilities who are recommended to be placed into regular
education classrooms are provided with supplementary services
to assist the children with disabilities to benefit from the

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regular classroom instruction and are included on the teacher's
regular education class register. Subject to the limitation of
the preceding sentence, placement in special classes, separate
schools or other removal of the disabled child from the regular
educational environment shall occur only when the nature of the
severity of the disability is such that education in the
regular classes with the use of supplementary aids and services
cannot be achieved satisfactorily. The placement of limited
English proficiency students with disabilities shall be in
non-restrictive environments which provide for integration
with non-disabled peers in bilingual classrooms. Annually,
each January, school districts shall report data on students
from non-English speaking backgrounds receiving special
education and related services in public and private facilities
as prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and

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procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that such
examination or treatment conflicts with his religious beliefs.
(g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate or
change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor. Such
written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The

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notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. Any parent who is deaf, or does
not normally communicate using spoken English, who
participates in a meeting with a representative of a local
educational agency for the purposes of developing an
individualized educational program shall be entitled to the
services of an interpreter.
(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements of
this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to

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visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the proposed
visit, the purpose of the visit, and the approximate duration
of the visit. The visitor and the school district shall arrange
the visit or visits at times that are mutually agreeable.
Visitors shall comply with school safety, security, and
visitation policies at all times. School district visitation
policies must not conflict with this subsection (g-5). Visitors
shall be required to comply with the requirements of applicable
privacy laws, including those laws protecting the
confidentiality of education records such as the federal Family
Educational Rights and Privacy Act and the Illinois School
Student Records Act. The visitor shall not disrupt the
educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a parent
or child must be afforded reasonable access of sufficient
duration and scope for the purpose of conducting an

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evaluation of the child, the child's performance, the
child's current educational program, placement, services,
or environment, or any educational program, placement,
services, or environment proposed for the child, including
interviews of educational personnel, child observations,
assessments, tests or assessments of the child's
educational program, services, or placement or of any
proposed educational program, services, or placement. If
one or more interviews of school personnel are part of the
evaluation, the interviews must be conducted at a mutually
agreed upon time, date, and place that do not interfere
with the school employee's school duties. The school
district may limit interviews to personnel having
information relevant to the child's current educational
services, program, or placement or to a proposed
educational service, program, or placement.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(Source: P.A. 95-257, eff. 1-1-08; 95-876, eff. 8-21-08;
96-657, eff. 8-25-09.)

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(105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
Sec. 18-12. Dates for filing State aid claims. The school
board of each school district shall require teachers,
principals, or superintendents to furnish from records kept by
them such data as it needs in preparing and certifying to the
State Superintendent of Education regional superintendent its
school district report of claims provided in Sections 18-8.05
through 18-9 as required by the State Superintendent of
Education. The district claim shall be based on the latest
available equalized assessed valuation and tax rates, as
provided in Section 18-8.05 and shall use the average daily
attendance as determined by the method outlined in Section
18-8.05 and shall be certified and filed with the State
Superintendent of Education regional superintendent by June 21
for districts with an official school calendar end date before
June 15 or within 2 weeks following the official school
calendar end date for districts with a school year end date of
June 15 or later. The regional superintendent shall certify and
file with the State Superintendent of Education district State
aid claims by July 1 for districts with an official school
calendar end date before June 15 or no later than July 15 for
districts with an official school calendar end date of June 15
or later. Failure to so file by these deadlines constitutes a
forfeiture of the right to receive payment by the State until
such claim is filed and vouchered for payment. The regional

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superintendent of schools shall certify the county report of
claims by July 15; and the State Superintendent of Education
shall voucher for payment those claims to the State Comptroller
as provided in Section 18-11.
Except as otherwise provided in this Section, if any school
district fails to provide the minimum school term specified in
Section 10-19, the State aid claim for that year shall be
reduced by the State Superintendent of Education in an amount
equivalent to 1/176 or .56818% for each day less than the
number of days required by this Code.
If the State Superintendent of Education determines that
the failure to provide the minimum school term was occasioned
by an act or acts of God, or was occasioned by conditions
beyond the control of the school district which posed a
hazardous threat to the health and safety of pupils, the State
aid claim need not be reduced.
If a school district is precluded from providing the
minimum hours of instruction required for a full day of
attendance due to an adverse weather condition or a condition
beyond the control of the school district that poses a
hazardous threat to the health and safety of students, then the
partial day of attendance may be counted if (i) the school
district has provided at least one hour of instruction prior to
the closure of the school district, (ii) a school building has
provided at least one hour of instruction prior to the closure
of the school building, or (iii) the normal start time of the

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school district is delayed.
If, prior to providing any instruction, a school district
must close one or more but not all school buildings after
consultation with a local emergency response agency or due to a
condition beyond the control of the school district, then the
school district may claim attendance for up to 2 school days
based on the average attendance of the 3 school days
immediately preceding the closure of the affected school
building. The partial or no day of attendance described in this
Section and the reasons therefore shall be certified within a
month of the closing or delayed start by the school district
superintendent to the regional superintendent of schools for
forwarding to the State Superintendent of Education for
approval.
No exception to the requirement of providing a minimum
school term may be approved by the State Superintendent of
Education pursuant to this Section unless a school district has
first used all emergency days provided for in its regular
calendar.
If the State Superintendent of Education declares that an
energy shortage exists during any part of the school year for
the State or a designated portion of the State, a district may
operate the school attendance centers within the district 4
days of the week during the time of the shortage by extending
each existing school day by one clock hour of school work, and
the State aid claim shall not be reduced, nor shall the

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employees of that district suffer any reduction in salary or
benefits as a result thereof. A district may operate all
attendance centers on this revised schedule, or may apply the
schedule to selected attendance centers, taking into
consideration such factors as pupil transportation schedules
and patterns and sources of energy for individual attendance
centers.
Electronically submitted State aid claims shall be
submitted by duly authorized district or regional individuals
over a secure network that is password protected. The
electronic submission of a State aid claim must be accompanied
with an affirmation that all of the provisions of Sections
18-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
all respects.
(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
95-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
Sec. 26-2a. A "truant" is defined as a child subject to
compulsory school attendance and who is absent without valid
cause from such attendance for a school day or portion thereof.
"Valid cause" for absence shall be illness, observance of a
religious holiday, death in the immediate family, family
emergency, and shall include such other situations beyond the
control of the student as determined by the board of education
in each district, or such other circumstances which cause

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reasonable concern to the parent for the safety or health of
the student.
"Chronic or habitual truant" shall be defined as a child
subject to compulsory school attendance and who is absent
without valid cause from such attendance for 10% or more of the
previous 180 regular attendance days.
"Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
A "dropout" is defined as any child enrolled in grades one
9 through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program of
studies and who has not transferred to another public or
private school or moved out of the United States and is not
known to be home-schooled by his or her parents or guardians or
continuing school in another country.
"Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 96-1423, eff. 8-3-10.)

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(105 ILCS 5/34-8) (from Ch. 122, par. 34-8)
Sec. 34-8. Powers and duties of general superintendent. The
general superintendent of schools shall prescribe and control,
subject to the approval of the board and to other provisions of
this Article, the courses of study mandated by State law,
textbooks, educational apparatus and equipment, discipline in
and conduct of the schools, and shall perform such other duties
as the board may by rule prescribe. The superintendent shall
also notify the State Board of Education, the board and the
chief administrative official, other than the alleged
perpetrator himself, in the school where the alleged
perpetrator serves, that any person who is employed in a school
or otherwise comes into frequent contact with children in the
school has been named as a perpetrator in an indicated report
filed pursuant to the Abused and Neglected Child Reporting Act,
approved June 26, 1975, as amended.
The general superintendent may be granted the authority by
the board to hire a specific number of employees to assist in
meeting immediate responsibilities. Conditions of employment
for such personnel shall not be subject to the provisions of
Section 34-85.
The general superintendent may, pursuant to a delegation of
authority by the board and Section 34-18, approve contracts and
expenditures.
Pursuant to other provisions of this Article, sites shall
be selected, schoolhouses located thereon and plans therefor

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approved, and textbooks and educational apparatus and
equipment shall be adopted and purchased by the board only upon
the recommendation of the general superintendent of schools or
by a majority vote of the full membership of the board and, in
the case of textbooks, subject to Article 28 of this Act. The
board may furnish free textbooks to pupils and may publish its
own textbooks and manufacture its own apparatus, equipment and
supplies.
In addition, each year at a time designated by the State
Superintendent of Education in January of each year, the
general superintendent of schools shall report to the State
Board of Education the number of high school students in the
district who are enrolled in accredited courses (for which high
school credit will be awarded upon successful completion of the
courses) at any community college, together with the name and
number of the course or courses which each such student is
taking.
The general superintendent shall also have the authority to
monitor the performance of attendance centers, to identify and
place an attendance center on remediation and probation, and to
recommend to the board that the attendance center be placed on
intervention and be reconstituted, subject to the provisions of
Sections 34-8.3 and 8.4.
The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board

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approved principal evaluation form. The evaluation shall be
based on factors, including the following: (i) student academic
improvement, as defined by the school improvement plan; (ii)
student absenteeism rates at the school; (iii) instructional
leadership; (iv) effective implementation of programs,
policies, or strategies to improve student academic
achievement; (v) school management; and (vi) other factors,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement.
Effective no later than September 1, 2012, the general
superintendent or his or her designee shall develop a written
principal evaluation plan. The evaluation plan must be in
writing and shall supersede the evaluation requirements set
forth in this Section. The evaluation plan must do at least all
of the following:
(1) Provide for annual evaluation of all principals
employed under a performance contract by the general
superintendent or his or her designee, no later than July
1st of each year.
(2) Consider the principal's specific duties,
responsibilities, management, and competence as a
principal.

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(3) Specify the principal's strengths and weaknesses,
with supporting reasons.
(4) Align with research-based standards.
(5) Use data and indicators on student growth as a
significant factor in rating principal performance.
(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
(105 ILCS 5/2-3.9 rep.)
(105 ILCS 5/2-3.10 rep.)
(105 ILCS 5/2-3.17 rep.)
(105 ILCS 5/2-3.70 rep.)
(105 ILCS 5/2-3.87 rep.)
(105 ILCS 5/2-3.111 rep.)
(105 ILCS 5/13B-35.15 rep.)
(105 ILCS 5/13B-35.20 rep.)
(105 ILCS 5/13B-40 rep.)
Section 10. The School Code is amended by repealing
Sections 2-3.9, 2-3.10, 2-3.17, 2-3.70, 2-3.87, 2-3.111,
13B-35.15, 13B-35.20, and 13B-40.
Section 15. The Critical Health Problems and Comprehensive
Health Education Act is amended by changing Section 6 as
follows:
(105 ILCS 110/6) (from Ch. 122, par. 866)
Sec. 6. Rules and Regulations. In carrying out the powers

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and duties of the State Board of Education and the advisory
committee established by this Act, the State Board is and such
committee are authorized to promulgate rules and regulations in
order to implement the provisions of this Act.
(Source: P.A. 81-1508.)
(105 ILCS 110/5 rep.)
Section 20. The Critical Health Problems and Comprehensive
Health Education Act is amended by repealing Section 5.
(105 ILCS 215/Act rep.)
Section 25. The Chicago Community Schools Study Commission
Act is repealed.
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INDEX
Statutes amended in order of appearance