Bill Text: IL HB3143 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the School Code. Lowers the compulsory school age from 6 to 5 years of age beginning with the 2023-2024 school year. Requires all school districts to establish kindergarten for the instruction of children who are 5 years of age or older. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3143 Detail]
Download: Illinois-2023-HB3143-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 | 10-20.19a, 10-22.18, 26-1, 26-2, and 34-19 as follows:
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6 | (105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
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7 | Sec. 10-20.19a. Kindergartens. After July 1, 1970, to | ||||||||||||||||||||||||||||||||
8 | establish and
maintain kindergartens for the instruction of | ||||||||||||||||||||||||||||||||
9 | children in accordance with
rules and regulations prescribed | ||||||||||||||||||||||||||||||||
10 | by the State Board of Education. Such
kindergartens may | ||||||||||||||||||||||||||||||||
11 | provide for either a 1/2 day or a full day of attendance
for | ||||||||||||||||||||||||||||||||
12 | pupils enrolled therein. | ||||||||||||||||||||||||||||||||
13 | This Section is repealed on July 1, 2023.
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14 | (Source: P.A. 84-18.)
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15 | (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
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16 | Sec. 10-22.18. Kindergartens. To establish kindergartens | ||||||||||||||||||||||||||||||||
17 | for the
instruction of children between the
ages of 4 and 6 | ||||||||||||||||||||||||||||||||
18 | years, if in their judgment the public interest requires
it, | ||||||||||||||||||||||||||||||||
19 | and to pay the necessary expenses thereof out of the school | ||||||||||||||||||||||||||||||||
20 | funds of
the district. Upon petition of at
least 50 parents or | ||||||||||||||||||||||||||||||||
21 | guardians of children
between the ages of 4 and 6, residing | ||||||||||||||||||||||||||||||||
22 | within any school district and within
one mile of the public |
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1 | school where such kindergarten is proposed to be
established, | ||||||
2 | the board of directors shall, if funds are available,
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3 | establish a kindergarten in connection with the public school | ||||||
4 | designated in
the petition and maintain it as long as the | ||||||
5 | annual average daily attendance
therein is not less than 15. | ||||||
6 | The board may establish a kindergarten with
half-day | ||||||
7 | attendance or with full-day attendance. If the board | ||||||
8 | establishes
full-day kindergarten, it shall also establish | ||||||
9 | half-day kindergarten.
No one shall be employed to teach in a | ||||||
10 | kindergarten who does not hold a license
as provided by law.
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11 | Beginning with the 2023-2024 school year, each school | ||||||
12 | district,
including a school district organized under Article | ||||||
13 | 34, must establish
kindergarten for the instruction of | ||||||
14 | children who are 5 years of age or
older.
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15 | (Source: P.A. 102-894, eff. 5-20-22.)
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16 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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17 | Sec. 26-1. Compulsory school age; exemptions. Whoever has | ||||||
18 | custody or control of any child (i) between the ages of 7 and | ||||||
19 | 17
years (unless the child has already graduated from high | ||||||
20 | school) for school years before the 2014-2015 school year or | ||||||
21 | (ii) between the ages
of 6 (on or before September 1) and 17 | ||||||
22 | years (unless the child has already graduated from high | ||||||
23 | school) for school years before the 2023-2024 beginning with | ||||||
24 | the 2014-2015 school year or (ii) between the ages of 5 (on or | ||||||
25 | before September 1) and 17 (unless the child has already |
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1 | graduated from high school) beginning with the 2023-2024 | ||||||
2 | school year
shall cause such child to attend some public | ||||||
3 | school in the district
wherein the child resides the entire | ||||||
4 | time it is in session during the
regular school term, except as | ||||||
5 | provided in Section 10-19.1, and during a
required summer | ||||||
6 | school program established under Section 10-22.33B; provided,
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7 | that
the following children shall not be required to attend | ||||||
8 | the public schools:
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9 | 1. Any child attending a private or a parochial school | ||||||
10 | where children
are taught the branches of education taught | ||||||
11 | to children of corresponding
age and grade in the public | ||||||
12 | schools, and where the instruction of the child
in the | ||||||
13 | branches of education is in the English language;
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14 | 2. Any child who is physically or mentally unable to | ||||||
15 | attend school, such
disability being certified to the | ||||||
16 | county or district truant officer by a
competent physician | ||||||
17 | licensed in Illinois to practice medicine and surgery in | ||||||
18 | all its branches, a chiropractic physician licensed under | ||||||
19 | the Medical Practice Act of 1987, a licensed advanced | ||||||
20 | practice registered nurse, a licensed physician assistant, | ||||||
21 | or a Christian Science practitioner residing in this
State | ||||||
22 | and listed in the Christian Science Journal; or who is | ||||||
23 | excused for
temporary absence for cause by
the principal | ||||||
24 | or teacher of the school which the child attends, with | ||||||
25 | absence for cause by illness being required to include the | ||||||
26 | mental or behavioral health of the child for up to 5 days |
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1 | for which the child need not provide a medical note, in | ||||||
2 | which case the child shall be given the opportunity to | ||||||
3 | make up any school work missed during the mental or | ||||||
4 | behavioral health absence and, after the second mental | ||||||
5 | health day used, may be referred to the appropriate school | ||||||
6 | support personnel; the exemptions
in this paragraph (2) do | ||||||
7 | not apply to any female who is pregnant or the
mother of | ||||||
8 | one or more children, except where a female is unable to | ||||||
9 | attend
school due to a complication arising from her | ||||||
10 | pregnancy and the existence
of such complication is | ||||||
11 | certified to the county or district truant officer
by a | ||||||
12 | competent physician;
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13 | 3. Any child necessarily and lawfully employed | ||||||
14 | according to the
provisions of the law regulating child | ||||||
15 | labor may be excused from attendance
at school by the | ||||||
16 | county superintendent of schools or the superintendent of
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17 | the public school which the child should be attending, on | ||||||
18 | certification of
the facts by and the recommendation of | ||||||
19 | the school board of the public
school district in which | ||||||
20 | the child resides. In districts having part-time
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21 | continuation schools, children so excused shall attend | ||||||
22 | such schools at
least 8 hours each week;
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23 | 4. Any child over 12 and under 14 years of age while in | ||||||
24 | attendance at
confirmation classes;
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25 | 5. Any child absent from a public school on a | ||||||
26 | particular day or days
or at a particular time of day for |
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1 | the reason that he is unable to attend
classes or to | ||||||
2 | participate in any examination, study, or work | ||||||
3 | requirements on
a particular day or days or at a | ||||||
4 | particular time of day because of religious reasons, | ||||||
5 | including the observance of a religious holiday or | ||||||
6 | participation in religious instruction, or because the | ||||||
7 | tenets
of his religion forbid secular activity on a | ||||||
8 | particular day or days or at a
particular time of day. A | ||||||
9 | school
board may require the parent or guardian of a child | ||||||
10 | who is to be excused
from attending school because of | ||||||
11 | religious reasons to give
notice, not exceeding 5 days, of | ||||||
12 | the child's absence to the school
principal or other | ||||||
13 | school personnel. Any child excused from attending
school | ||||||
14 | under this paragraph 5 shall not be required to submit a | ||||||
15 | written
excuse for such absence after returning to school. | ||||||
16 | A district superintendent shall develop and distribute to | ||||||
17 | schools appropriate procedures regarding a student's | ||||||
18 | absence for religious reasons, how schools are notified of | ||||||
19 | a student's impending absence for religious reasons, and | ||||||
20 | the requirements of Section 26-2b of this Code; | ||||||
21 | 6. Any child 16 years of age or older who (i) submits | ||||||
22 | to a school district evidence of necessary and lawful | ||||||
23 | employment pursuant to paragraph 3 of this Section and | ||||||
24 | (ii) is enrolled in a graduation incentives program | ||||||
25 | pursuant to Section 26-16 of this Code or an alternative | ||||||
26 | learning opportunities program established pursuant to |
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1 | Article 13B of this Code;
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2 | 7. A child in any of grades 6 through 12 absent from a | ||||||
3 | public school on a particular day or days or at a | ||||||
4 | particular time of day for the purpose of sounding "Taps" | ||||||
5 | at a military honors funeral held in this State for a | ||||||
6 | deceased veteran. In order to be excused under this | ||||||
7 | paragraph 7, the student shall notify the school's | ||||||
8 | administration at least 2 days prior to the date of the | ||||||
9 | absence and shall provide the school's administration with | ||||||
10 | the date, time, and location of the military
honors | ||||||
11 | funeral. The school's administration may waive this 2-day | ||||||
12 | notification requirement if the student did not receive at | ||||||
13 | least 2 days advance notice, but the student shall notify | ||||||
14 | the school's administration as soon as possible of the | ||||||
15 | absence. A student whose absence is excused under this | ||||||
16 | paragraph 7 shall be counted as if the student attended | ||||||
17 | school for purposes of calculating the average daily | ||||||
18 | attendance of students in the school district. A student | ||||||
19 | whose absence is excused under this paragraph 7 must be | ||||||
20 | allowed a reasonable time to make up school work missed | ||||||
21 | during the absence. If the student satisfactorily | ||||||
22 | completes the school work, the day of absence shall be | ||||||
23 | counted as a day of compulsory attendance and he or she may | ||||||
24 | not be penalized for that absence; and | ||||||
25 | 8. Any child absent from a public school on a | ||||||
26 | particular day or days or at a particular time of day for |
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1 | the reason that his or her parent or legal guardian is an | ||||||
2 | active duty member of the uniformed services and has been | ||||||
3 | called to duty for, is on leave from, or has immediately | ||||||
4 | returned from deployment to a combat zone or | ||||||
5 | combat-support postings. Such a student shall be granted 5 | ||||||
6 | days of excused absences in any school year and, at the | ||||||
7 | discretion of the school board, additional excused | ||||||
8 | absences to visit the student's parent or legal guardian | ||||||
9 | relative to such leave or deployment of the parent or | ||||||
10 | legal guardian. In the case of excused absences pursuant | ||||||
11 | to this paragraph 8, the student and parent or legal | ||||||
12 | guardian shall be responsible for obtaining assignments | ||||||
13 | from the student's teacher prior to any period of excused | ||||||
14 | absence and for ensuring that such assignments are | ||||||
15 | completed by the student prior to his or her return to | ||||||
16 | school from such period of excused absence. | ||||||
17 | Any child from a public middle school or high school, | ||||||
18 | subject to guidelines established by the State Board of | ||||||
19 | Education, shall be permitted by a school board one school | ||||||
20 | day-long excused absence per school year for the child who is | ||||||
21 | absent from school to engage in a civic event. The school board | ||||||
22 | may require that the student provide reasonable advance notice | ||||||
23 | of the intended absence to the appropriate school | ||||||
24 | administrator and require that the student provide | ||||||
25 | documentation of participation in a civic event to the | ||||||
26 | appropriate school administrator. |
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1 | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; | ||||||
2 | 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. | ||||||
3 | 1-1-23 .)
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4 | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
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5 | Sec. 26-2. Enrolled pupils not of compulsory school age.
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6 | (a) For school years before the 2023-2024 school year, any | ||||||
7 | Any person having
custody or control of a child who is below | ||||||
8 | the age of 6 years or is 17 years of age or above and who is | ||||||
9 | enrolled in any of grades kindergarten
through 12 in the | ||||||
10 | public school shall cause the child to attend the public
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11 | school in the district wherein he or she resides when it is in | ||||||
12 | session
during the regular school term, unless the child is | ||||||
13 | excused under
Section 26-1 of this Code. Beginning with the | ||||||
14 | 2023-2024 school year, any person having custody or control of | ||||||
15 | a child who is below the age of 5 years or is 17 years of age | ||||||
16 | or above and who is enrolled in any of grades kindergarten
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17 | through 12 in the public school shall cause the child to attend | ||||||
18 | the public
school in the district wherein he or she resides | ||||||
19 | when it is in session
during the regular school term, unless | ||||||
20 | the child is excused under
Section 26-1 of this Code.
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21 | (b) A school district shall deny reenrollment in its | ||||||
22 | secondary schools
to any
child 19 years of age or above who has | ||||||
23 | dropped out of school
and who could
not, because of age and | ||||||
24 | lack of credits, attend classes during the normal
school year | ||||||
25 | and graduate before his or her twenty-first birthday.
A |
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1 | district may, however, enroll the child in a graduation | ||||||
2 | incentives program under Section 26-16 of this Code or an | ||||||
3 | alternative learning
opportunities program established
under | ||||||
4 | Article 13B.
No
child shall be denied reenrollment for the | ||||||
5 | above reasons
unless the school district first offers the | ||||||
6 | child
due process as required in cases of expulsion under | ||||||
7 | Section
10-22.6. If a child is denied reenrollment after being | ||||||
8 | provided with due
process, the school district must provide | ||||||
9 | counseling to that child and
must direct that child to
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10 | alternative educational
programs, including adult education | ||||||
11 | programs, that lead to graduation or
receipt of a State of | ||||||
12 | Illinois High School Diploma.
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13 | (c)
A school or school district may deny enrollment to a | ||||||
14 | student 17 years of age
or
older for one semester for failure | ||||||
15 | to meet minimum attendance standards if all
of the
following | ||||||
16 | conditions are met:
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17 | (1) The student was absent without valid cause for 20% | ||||||
18 | or more of the
attendance
days in the semester immediately | ||||||
19 | prior to the current semester.
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20 | (2) The student and the student's parent or guardian | ||||||
21 | are given written
notice
warning that the student is | ||||||
22 | subject to denial from enrollment for one
semester
unless | ||||||
23 | the student is absent without valid cause less than 20% of | ||||||
24 | the
attendance days
in the current semester.
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25 | (3) The student's parent or guardian is provided with | ||||||
26 | the right to appeal
the
notice, as determined by the State |
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1 | Board of Education in accordance with due
process.
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2 | (4) The student is provided with attendance | ||||||
3 | remediation services,
including
without limitation | ||||||
4 | assessment, counseling, and support services.
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5 | (5) The student is absent without valid cause for 20% | ||||||
6 | or more of the
attendance
days in the current semester.
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7 | A school or school district may not deny enrollment to a | ||||||
8 | student (or
reenrollment
to a dropout) who is at least 17
years | ||||||
9 | of age or older but below 19
years for more
than one | ||||||
10 | consecutive semester for failure to meet attendance
standards.
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11 | (d) No child may be denied reenrollment under this
Section | ||||||
12 | in violation
of the federal Individuals with Disabilities | ||||||
13 | Education Act or the Americans with
Disabilities Act.
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14 | (e) In this subsection (e), "reenrolled student" means a | ||||||
15 | dropout who has
reenrolled
full-time in a public school. Each | ||||||
16 | school district shall identify, track, and
report on the
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17 | educational progress and outcomes of reenrolled students as a | ||||||
18 | subset of the
district's
required reporting on all | ||||||
19 | enrollments.
A reenrolled student who again drops out must not | ||||||
20 | be counted again
against a district's dropout rate performance | ||||||
21 | measure.
The State
Board of Education shall set performance | ||||||
22 | standards for programs serving
reenrolled
students.
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23 | (f) The State Board of Education shall adopt any rules | ||||||
24 | necessary to
implement the
changes to this Section made by | ||||||
25 | Public Act 93-803.
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26 | (Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23; |
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1 | revised 12-13-22.)
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2 | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | ||||||
3 | Sec. 34-19. By-laws, rules and regulations; business | ||||||
4 | transacted at
regular meetings; voting; records. The board | ||||||
5 | shall, subject to the limitations
in this Article, establish | ||||||
6 | by-laws, rules and regulations, which shall have the
force of | ||||||
7 | ordinances, for the proper maintenance of a uniform system of
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8 | discipline for both employees and pupils, and for the entire | ||||||
9 | management of the
schools, and may fix the school age of | ||||||
10 | pupils, the minimum of which in
kindergartens (which, | ||||||
11 | beginning with the 2023-2024 school year, must be established | ||||||
12 | under Section 10-22.18 for children 5 years of age or older) | ||||||
13 | shall not be under 4 years, except that, based upon an | ||||||
14 | assessment of the child's readiness, children who have | ||||||
15 | attended a non-public preschool and continued their education | ||||||
16 | at that school through kindergarten, were taught in | ||||||
17 | kindergarten by an appropriately certified teacher, and will | ||||||
18 | attain the age of 6 years on or before December 31 of the year | ||||||
19 | of the 2009-2010 school term and each school term thereafter | ||||||
20 | may attend first grade upon commencement of such term, and in | ||||||
21 | grade schools shall not be
under 6 years. It may expel, suspend | ||||||
22 | or, subject to the limitations of all
policies established or | ||||||
23 | adopted under Section 10-22.6 or 14-8.05, otherwise discipline | ||||||
24 | any
pupil found guilty of gross disobedience, misconduct, or | ||||||
25 | other violation of the
by-laws, rules, and regulations, |
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1 | including gross disobedience or misconduct perpetuated by | ||||||
2 | electronic means. An expelled pupil may be immediately | ||||||
3 | transferred to an alternative program in the manner provided | ||||||
4 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
5 | transfer because of the expulsion, except in cases in which | ||||||
6 | such transfer is deemed to cause a threat to the safety of | ||||||
7 | students or staff in the alternative program. A pupil who is | ||||||
8 | suspended in excess of 20 school days may be immediately | ||||||
9 | transferred to an alternative program in the manner provided | ||||||
10 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
11 | transfer because of the suspension, except in cases in which | ||||||
12 | such transfer is deemed to cause a threat to the safety of | ||||||
13 | students or staff in the alternative program. The bylaws, | ||||||
14 | rules and regulations of the board
shall be enacted, money | ||||||
15 | shall be appropriated or expended, salaries shall be
fixed or | ||||||
16 | changed, and textbooks, electronic textbooks, and courses of | ||||||
17 | instruction shall be adopted or
changed only at the regular | ||||||
18 | meetings of the board and by a vote of a
majority of the full | ||||||
19 | membership of the board; provided that
notwithstanding any | ||||||
20 | other provision of this Article or the School Code,
neither | ||||||
21 | the board or any local school council may purchase any | ||||||
22 | textbook for use in any public school of the
district from any | ||||||
23 | textbook publisher that fails to furnish any computer
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24 | diskettes as required under Section 28-21. Funds appropriated | ||||||
25 | for textbook purchases must be available for electronic | ||||||
26 | textbook purchases and the technological equipment necessary |
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1 | to gain access to and use electronic textbooks at the local | ||||||
2 | school council's discretion. The board shall be further
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3 | encouraged to provide opportunities for public hearing and | ||||||
4 | testimony before
the adoption of bylaws, rules and | ||||||
5 | regulations. Upon all propositions
requiring for their | ||||||
6 | adoption at least a majority of all the members of the
board | ||||||
7 | the yeas and nays shall be taken and reported. The by-laws, | ||||||
8 | rules and
regulations of the board shall not be repealed, | ||||||
9 | amended or added to, except
by a vote of 2/3 of the full | ||||||
10 | membership of the board. The board shall keep
a record of all | ||||||
11 | its proceedings. Such records and all
by-laws, rules and | ||||||
12 | regulations, or parts thereof, may be proved by a copy
thereof | ||||||
13 | certified to be such by the secretary of the board, but if they | ||||||
14 | are
printed in book or pamphlet form which are purported to be | ||||||
15 | published by
authority of the board they need not be otherwise | ||||||
16 | published and the book or
pamphlet shall be received as | ||||||
17 | evidence, without further proof, of the
records, by-laws, | ||||||
18 | rules and regulations, or any part thereof, as of the
dates | ||||||
19 | thereof as shown in such book or pamphlet, in all courts and | ||||||
20 | places
where judicial proceedings are had. | ||||||
21 | Notwithstanding any other provision in this Article or in | ||||||
22 | the School
Code, the board may delegate to the general | ||||||
23 | superintendent or to the
attorney the authorities granted to | ||||||
24 | the board in the School Code, provided
such delegation and | ||||||
25 | appropriate oversight procedures are made pursuant to
board | ||||||
26 | by-laws, rules and regulations, adopted as herein provided, |
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1 | except that
the board may not delegate its authorities and | ||||||
2 | responsibilities regarding (1)
budget approval obligations; | ||||||
3 | (2) rule-making functions; (3) desegregation
obligations; (4) | ||||||
4 | real estate acquisition, sale or lease in excess of 10 years
as | ||||||
5 | provided in Section 34-21; (5) the levy of taxes; or (6) any | ||||||
6 | mandates
imposed upon the board by "An Act in relation to | ||||||
7 | school reform in cities over
500,000, amending Acts herein | ||||||
8 | named", approved December 12, 1988 (P.A.
85-1418). | ||||||
9 | (Source: P.A. 99-456, eff. 9-15-16 .)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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