Bill Text: IL HB4208 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that a school district shall employ a ratio of no less than one school counselor to 150 students (rather than allowing a school district to employ a ratio of no less than one school counselor to 250 students). Requires school counselors to meet with their assigned students at least once each month.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2022-04-01 - Added Co-Sponsor Rep. Maurice A. West, II [HB4208 Detail]

Download: Illinois-2021-HB4208-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4208 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-22.24b
105 ILCS 5/34-18 from Ch. 122, par. 34-18
Amends the School Code. Provides that a school district shall employ a ratio of no less than one school counselor to 150 students (rather than allowing a school district to employ a ratio of no less than one school counselor to 250 students). Requires school counselors to meet with their assigned students at least once each month.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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
10-22.24b and 34-18 as follows:
(105 ILCS 5/10-22.24b)
Sec. 10-22.24b. School counseling services. School
counseling services in public schools may be provided by
school counselors as defined in Section 10-22.24a of this Code
or by individuals who hold a Professional Educator License
with a school support personnel endorsement in the area of
school counseling under Section 21B-25 of this Code.
School counseling services may include, but are not
limited to:
(1) designing and delivering a comprehensive school
counseling program that promotes student achievement and
wellness;
(2) incorporating the common core language into the
school counselor's work and role;
(3) school counselors working as culturally skilled
professionals who act sensitively to promote social
justice and equity in a pluralistic society;
(4) providing individual and group counseling;

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(5) providing a core counseling curriculum that serves
all students and addresses the knowledge and skills
appropriate to their developmental level through a
collaborative model of delivery involving the school
counselor, classroom teachers, and other appropriate
education professionals, and including prevention and
pre-referral activities;
(6) making referrals when necessary to appropriate
offices or outside agencies;
(7) providing college and career development
activities and counseling;
(8) developing individual career plans with students;
(9) assisting all students with a college or
post-secondary education plan, which must include a
discussion on all post-secondary education options,
including 4-year colleges or universities, community
colleges, and vocational schools;
(10) intentionally addressing the career and college
needs of first generation students;
(11) educating all students on scholarships, financial
aid, and preparation of the Federal Application for
Federal Student Aid;
(12) collaborating with institutions of higher
education and local community colleges so that students
understand post-secondary education options and are ready
to transition successfully;

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(13) providing crisis intervention and contributing to
the development of a specific crisis plan within the
school setting in collaboration with multiple
stakeholders;
(14) educating students, teachers, and parents on
anxiety, depression, cutting, and suicide issues and
intervening with students who present with these issues;
(15) providing counseling and other resources to
students who are in crisis;
(16) providing resources for those students who do not
have access to mental health services;
(17) addressing bullying and conflict resolution with
all students;
(18) teaching communication skills and helping
students develop positive relationships;
(19) using culturally-sensitive skills in working with
all students to promote wellness;
(20) addressing the needs of undocumented students in
the school, as well as students who are legally in the
United States, but whose parents are undocumented;
(21) contributing to a student's functional behavioral
assessment, as well as assisting in the development of
non-aversive behavioral intervention strategies;
(22) (i) assisting students in need of special
education services by implementing the academic supports
and social-emotional and college or career development

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counseling services or interventions per a student's
individualized education program (IEP); (ii) participating
in or contributing to a student's IEP and completing a
social-developmental history; or (iii) providing services
to a student with a disability under the student's IEP or
federal Section 504 plan, as recommended by the student's
IEP team or Section 504 plan team and in compliance with
federal and State laws and rules governing the provision
of educational and related services and school-based
accommodations to students with disabilities and the
qualifications of school personnel to provide such
services and accommodations;
(23) assisting in the development of a personal
educational plan with each student;
(24) educating students on dual credit and learning
opportunities on the Internet;
(25) providing information for all students in the
selection of courses that will lead to post-secondary
education opportunities toward a successful career;
(26) interpreting achievement test results and guiding
students in appropriate directions;
(27) counseling with students, families, and teachers,
in compliance with federal and State laws;
(28) providing families with opportunities for
education and counseling as appropriate in relation to the
student's educational assessment;

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(29) consulting and collaborating with teachers and
other school personnel regarding behavior management and
intervention plans and inclusion in support of students;
(30) teaming and partnering with staff, parents,
businesses, and community organizations to support student
achievement and social-emotional learning standards for
all students;
(31) developing and implementing school-based
prevention programs, including, but not limited to,
mediation and violence prevention, implementing social and
emotional education programs and services, and
establishing and implementing bullying prevention and
intervention programs;
(32) developing culturally-sensitive assessment
instruments for measuring school counseling prevention and
intervention effectiveness and collecting, analyzing, and
interpreting data;
(33) participating on school and district committees
to advocate for student programs and resources, as well as
establishing a school counseling advisory council that
includes representatives of key stakeholders selected to
review and advise on the implementation of the school
counseling program;
(34) acting as a liaison between the public schools
and community resources and building relationships with
important stakeholders, such as families, administrators,

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teachers, and board members;
(35) maintaining organized, clear, and useful records
in a confidential manner consistent with Section 5 of the
Illinois School Student Records Act, the Family
Educational Rights and Privacy Act, and the Health
Insurance Portability and Accountability Act;
(36) presenting an annual agreement to the
administration, including a formal discussion of the
alignment of school and school counseling program missions
and goals and detailing specific school counselor
responsibilities;
(37) identifying and implementing
culturally-sensitive measures of success for student
competencies in each of the 3 domains of academic, social
and emotional, and college and career learning based on
planned and periodic assessment of the comprehensive
developmental school counseling program;
(38) collaborating as a team member in Response to
Intervention (RtI) and other school initiatives;
(39) conducting observations and participating in
recommendations or interventions regarding the placement
of children in educational programs or special education
classes;
(40) analyzing data and results of school counseling
program assessments, including curriculum, small-group,
and closing-the-gap results reports, and designing

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strategies to continue to improve program effectiveness;
(41) analyzing data and results of school counselor
competency assessments;
(42) following American School Counselor Association
Ethical Standards for School Counselors to demonstrate
high standards of integrity, leadership, and
professionalism;
(43) knowing and embracing common core standards by
using common core language;
(44) practicing as a culturally-skilled school
counselor by infusing the multicultural competencies
within the role of the school counselor, including the
practice of culturally-sensitive attitudes and beliefs,
knowledge, and skills;
(45) infusing the Social-Emotional Standards, as
presented in the State Board of Education standards,
across the curriculum and in the counselor's role in ways
that empower and enable students to achieve academic
success across all grade levels;
(46) providing services only in areas in which the
school counselor has appropriate training or expertise, as
well as only providing counseling or consulting services
within his or her employment to any student in the
district or districts which employ such school counselor,
in accordance with professional ethics;
(47) having adequate training in supervision knowledge

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and skills in order to supervise school counseling interns
enrolled in graduate school counselor preparation programs
that meet the standards established by the State Board of
Education;
(48) being involved with State and national
professional associations;
(49) participating, at least once every 2 years, in an
in-service training program for school counselors
conducted by persons with expertise in domestic and sexual
violence and the needs of expectant and parenting youth,
which shall include training concerning (i) communicating
with and listening to youth victims of domestic or sexual
violence and expectant and parenting youth, (ii)
connecting youth victims of domestic or sexual violence
and expectant and parenting youth to appropriate in-school
services and other agencies, programs, and services as
needed, and (iii) implementing the school district's
policies, procedures, and protocols with regard to such
youth, including confidentiality; at a minimum, school
personnel must be trained to understand, provide
information and referrals, and address issues pertaining
to youth who are parents, expectant parents, or victims of
domestic or sexual violence;
(50) participating, at least every 2 years, in an
in-service training program for school counselors
conducted by persons with expertise in anaphylactic

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reactions and management;
(51) participating, at least once every 2 years, in an
in-service training on educator ethics, teacher-student
conduct, and school employee-student conduct for all
personnel;
(52) participating, in addition to other topics at
in-service training programs, in training to identify the
warning signs of mental illness and suicidal behavior in
adolescents and teenagers and learning appropriate
intervention and referral techniques;
(53) obtaining training to have a basic knowledge of
matters relating to acquired immunodeficiency syndrome
(AIDS), including the nature of the disease, its causes
and effects, the means of detecting it and preventing its
transmission, and the availability of appropriate sources
of counseling and referral and any other information that
may be appropriate considering the age and grade level of
the pupils; the school board shall supervise such training
and the State Board of Education and the Department of
Public Health shall jointly develop standards for such
training; and
(54) participating in mandates from the State Board of
Education for bullying education and social-emotional
literary.
School districts shall may employ a sufficient number of
school counselors to maintain a the national and State

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recommended student-counselor ratio of 150 250 to 1. School
districts may have school counselors spend at least 80% of his
or her work time in direct contact with students. School
districts shall require school counselors to meet with their
assigned students at least once each month.
Nothing in this Section prohibits other qualified
professionals, including other endorsed school support
personnel, from providing the services listed in this Section.
(Source: P.A. 101-290, eff. 8-9-19.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
(Text of Section before amendment by P.A. 102-465)
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

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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
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

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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
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

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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
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

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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
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

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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
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 non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher

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holding a valid certificate, directly engaged in teaching
subject matter or conducting activities; provided that the
teacher shall be continuously aware of the
non-certificated 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
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

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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
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

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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
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

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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
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

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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;
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:

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(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
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 $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

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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
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,

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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"
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 shall is encouraged to employ a
sufficient number of licensed certified school counselors
to maintain a student/counselor ratio of 150 250 to 1 by
July 1, 1990. Each counselor shall spend at least 75% of

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the counselor's his work time in direct contact with
students and shall maintain a record of such time. Each
counselor shall meet with the counselor's assigned
students at least once each month;
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
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). Terms such as

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"Haitian" or "Negro" can be used in addition to "Black or
African American".
(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;
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

HB4208 - 26 - LRB102 21217 CMG 30307 b
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
certified teachers, by allowing credit for professional
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

HB4208 - 27 - LRB102 21217 CMG 30307 b
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
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;

HB4208 - 28 - LRB102 21217 CMG 30307 b
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
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;
102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-465)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education

HB4208 - 29 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 30 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 31 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 32 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 33 - LRB102 21217 CMG 30307 b
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
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;

HB4208 - 34 - LRB102 21217 CMG 30307 b
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 non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher
holding a valid certificate, directly engaged in teaching
subject matter or conducting activities; provided that the
teacher shall be continuously aware of the
non-certificated 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
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

HB4208 - 35 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 36 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 37 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 38 - LRB102 21217 CMG 30307 b
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;
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

HB4208 - 39 - LRB102 21217 CMG 30307 b
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
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 $10,000 or less;

HB4208 - 40 - LRB102 21217 CMG 30307 b
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
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

HB4208 - 41 - LRB102 21217 CMG 30307 b
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"
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,

HB4208 - 42 - LRB102 21217 CMG 30307 b
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 shall is encouraged to employ a
sufficient number of licensed certified school counselors
to maintain a student/counselor ratio of 150 250 to 1 by
July 1, 1990. Each counselor shall spend at least 75% of
the counselor's his work time in direct contact with
students and shall maintain a record of such time. Each
counselor shall meet with the counselor's assigned
students at least once each month;
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
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a

HB4208 - 43 - LRB102 21217 CMG 30307 b
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;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or

HB4208 - 44 - LRB102 21217 CMG 30307 b
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
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on the teacher pay scale;

HB4208 - 45 - LRB102 21217 CMG 30307 b
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
governing bodies of contract schools are subject to the
Freedom of Information Act and Open Meetings Act;

HB4208 - 46 - LRB102 21217 CMG 30307 b
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
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to

HB4208 - 47 - LRB102 21217 CMG 30307 b
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.)