Bill Text: IL SB2821 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-19 - Referred to Assignments [SB2821 Detail]

Download: Illinois-2023-SB2821-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2821 Introduced 1/19/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1
105 ILCS 5/34-18 from Ch. 122, par. 34-18
105 ILCS 5/34-21.3 from Ch. 122, par. 34-21.3
105 ILCS 5/34-49 from Ch. 122, par. 34-49
Amends the Chicago School District Article of the School Code. Provides that the Chicago Board of Education may not contract with a third party on or after the effective date of the amendatory Act for services relating to custodial, dietary, or daily maintenance of a district facility. Makes conforming changes.
LRB103 36851 RJT 66963 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
SB2821 LRB103 36851 RJT 66963 b
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
34-8.1, 34-18, 34-21.3, and 34-49 as follows:
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to
supervise the operation of each attendance center. Their
powers and duties shall include but not be limited to the
authority (i) to direct, supervise, evaluate, and suspend with
or without pay or otherwise discipline all teachers, assistant
principals, and other employees assigned to the attendance
center in accordance with board rules and policies and (ii) to
direct all other persons assigned to the attendance center
pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and
layoff shall be vested solely with the board, provided that
decisions to discharge or suspend nonlicensed employees,
including disciplinary layoffs, and the termination of
licensed employees from employment pursuant to a layoff or
reassignment policy are subject to review under the grievance
resolution procedure adopted pursuant to subsection (c) of
Section 10 of the Illinois Educational Labor Relations Act.

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The grievance resolution procedure adopted by the board shall
provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary,
the arbitrator's decision may include all make-whole relief,
including without limitation reinstatement. The principal
shall fill positions by appointment as provided in this
Section and may make recommendations to the board regarding
the employment, discharge, or layoff of any individual. The
authority of the principal shall include the authority to
direct the hours during which the attendance center shall be
open and available for use provided the use complies with
board rules and policies, to determine when and what
operations shall be conducted within those hours, and to
schedule staff within those hours. Under the direction of, and
subject to the authority of the principal, the Engineer In
Charge shall be accountable for the safe, economical operation
of the plant and grounds and shall also be responsible for
orientation, training, and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and
other plant operation employees under his or her direction.
There shall be established by the board a system of
semi-annual evaluations conducted by the principal as to
performance of the engineer in charge. Nothing in this Section
shall prevent the principal from conducting additional
evaluations. An overall numerical rating shall be given by the
principal based on the evaluation conducted by the principal.

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An unsatisfactory numerical rating shall result in
disciplinary action, which may include, without limitation and
in the judgment of the principal, loss of promotion or bidding
procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish procedures
for conducting the evaluation and reporting the results to the
engineer in charge.
Under the direction of, and subject to the authority of,
the principal, the Food Service Manager is responsible at all
times for the proper operation and maintenance of the lunch
room to which he is assigned and shall also be responsible for
the orientation, training, and supervising the work of cooks,
bakers, porters, and lunchroom attendants under his or her
direction.
There shall be established by the Board a system of
semi-annual evaluations conducted by the principal as to the
performance of the food service manager. Nothing in this
Section shall prevent the principal from conducting additional
evaluations. An overall numerical rating shall be given by the
principal based on the evaluation conducted by the principal.
An unsatisfactory numerical rating shall result in
disciplinary action which may include, without limitation and
in the judgment of the principal, loss of promotion or bidding
procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish rules for
conducting the evaluation and reporting the results to the

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food service manager.
Nothing in this Section shall be interpreted to require
the employment or assignment of an Engineer-In-Charge or a
Food Service Manager for each attendance center.
Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due to extended illness or leave of absence, an assistant
principal may be assigned as acting principal for a period not
to exceed 100 school days. Each principal shall assume
administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board,
for the planning, operation and evaluation of the educational
program of the attendance center to which he is assigned. The
principal shall submit recommendations to the general
superintendent concerning the appointment, dismissal,
retention, promotion, and assignment of all personnel assigned
to the attendance center; provided, that from and after
September 1, 1989: (i) if any vacancy occurs in a position at
the attendance center or if an additional or new position is
created at the attendance center, that position shall be
filled by appointment made by the principal in accordance with
procedures established and provided by the Board whenever the
majority of the duties included in that position are to be
performed at the attendance center which is under the
principal's supervision, and each such appointment so made by
the principal shall be made and based upon merit and ability to

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perform in that position without regard to seniority or length
of service, provided, that such appointments shall be subject
to the Board's desegregation obligations, including but not
limited to the Consent Decree and Desegregation Plan in U.S.
v. Chicago Board of Education; (ii) the principal shall submit
recommendations based upon merit and ability to perform in the
particular position, without regard to seniority or length of
service, to the general superintendent concerning the
appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is to
be made by the general superintendent whenever less than a
majority of the duties of that teacher, teacher aide,
counselor, clerk, hall guard, and security guard and any other
personnel are to be performed at the attendance center which
is under the principal's supervision; and (iii) subject to law
and the applicable collective bargaining agreements, the
authority and responsibilities of a principal with respect to
the evaluation of all teachers and other personnel assigned to
an attendance center shall commence immediately upon his or
her appointment as principal of the attendance center, without
regard to the length of time that he or she has been the
principal of that attendance center.
Notwithstanding the existence of any other law of this
State, nothing in this Code, other than any prohibition under
paragraph 30 of Section 34-18, Act shall prevent the board
from entering into a contract with a third party for services

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currently performed by any employee or bargaining unit member.
Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount of no more than $10,000, if the contract is endorsed by
the Local School Council.
Unless otherwise prohibited by law or by rule of the
board, the principal shall provide to local school council
members copies of all internal audits and any other pertinent
information generated by any audits or reviews of the programs
and operation of the attendance center.
Each principal shall hold a valid Professional Educator
License issued in accordance with Article 21B and endorsed as
required by that Article for the position of principal. The
board may establish or impose clear, specific, explicit, and
objective academic, educational, examination, and experience
requirements and criteria that are in addition to those
established and required by Article 21B for issuance of a
valid license endorsed for the position of principal as a
condition of the nomination, selection, appointment,
employment, or continued employment of a person as principal
of any attendance center or as a condition of the renewal of
any principal's performance contract. If the additional
requirements and criteria result or may result in the
exclusion of an otherwise qualified and licensed candidate
from being eligible for selection to serve as a principal of an
attendance center, then the board shall maintain a public

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database that includes the names of all the candidates who are
eligible to be selected as a principal and who do not choose to
not have their name included in the database. The board shall
give notice of no less than 30 days to all otherwise qualified
and licensed candidates each quarter of their ability to be
included in the database and shall make updates to the
database within no more than 10 days after the end of the
quarter for which notice is given.
The board must establish standards and procedures to
ensure that no candidate is deemed ineligible to be selected
as a principal for reasons that are not directly related to the
candidate's anticipated performance as a principal. The
standards and procedures established by the board must do all
of the following:
(1) Set forth all of the specific criteria used by the
board to make decisions concerning the eligibility of
candidates.
(2) Provide each candidate with a written,
competency-aligned score report and evidence-based
rationale related to the scoring criteria for each
competency area.
(3) Provide remediation goals and other supportive
services to assist a candidate in correcting any
deficiencies identified by the board in the board's
rationale.
(4) Include provisions to ensure that no person is

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discriminated against on the basis of conscious or
implicit biases associated with race, color, national
origin, or a disability that is unrelated to the person's
ability to perform the duties of a principal.
The board, in cooperation with the organization that
represents the district's principals and assistant principals,
must establish a grievance and hearing procedure for those
candidates the general superintendent or the general
superintendent's designee has deemed ineligible to serve as
principal of an attendance center or whose eligibility has
been slated for revocation. The evaluator must be a State
Board of Education-trained principal evaluator or must receive
such training before rendering a decision. The hearing officer
must receive sufficient training in principal evaluation
processes and criteria to render an informed decision.
Within 10 days after the general superintendent or the
general superintendent's designee determines that a candidate
is ineligible or makes a decision to revoke the eligibility of
an administrator, the general superintendent or the general
superintendent's designee must notify the candidate or
administrator, in writing, of the specific reasons for the
general superintendent's or the general superintendent's
designee's determination of the candidate's or administrator's
ineligibility. Within 30 days after receiving this
notification, the candidate or administrator may request that
the general superintendent or the general superintendent's

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designee initiate a review of the decision through the
grievance and hearing process established pursuant to this
Section.
In the case of a principal who is deemed ineligible based
on a performance evaluation, the evaluator conducting the
review must consider as evidence of the principal's
performance any local school council evaluation that covers
the same evaluation period. If a decision to revoke
eligibility is grieved, the administrator shall remain on the
eligibility list until the administrator receives a decision
in the grievance. However, prior to any hiring decision, the
board may communicate to any local school council that the
administrator has a grievance pending while the grievance is
pending. The grievance decision shall be binding on the
principal and the board.
If performance evaluations are included in the criteria
used by the board in determining that a principal is no longer
eligible to seek a principal position at an attendance center,
the board's criteria must use the standard of either an
unsatisfactory summative evaluation or 2 or more basic or
lower summative performance evaluations within a period of 7
school years, except as provided below in the case of a
principal who is in his or her first principal position. A
principal with summative performance evaluations of basic in
the principal's first 2 school years in that role shall not
impact a principal's eligibility status if the principal earns

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an increased numerical rating in at least one competency
domain while maintaining ratings on all other competency
domains in the school year immediately following the basic
rating. A principal who is deemed ineligible based on a
performance evaluation may request that the general
superintendent review that determination under the grievance
procedure, in which case the general superintendent's designee
must be a State Board of Education-trained principal
evaluator, and, in conducting that review, the general
superintendent's designee must consider any local school
council evaluation that covers the same evaluation period. If
an individual evaluator rates an individual principal as
unsatisfactory for the first time, the board may not determine
that a principal is no longer eligible to serve as a principal
based on performance evaluations from that evaluator if,
during the same school term of service, the local school
council's evaluation of the principal's performance was
distinguished. If a principal has been deemed ineligible based
on a performance evaluation, the principal's status is
restored to eligible when the principal receives a proficient
or higher summative performance evaluation rating, provided
the principal meets all other criteria for eligibility.
The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify in
the 4 year performance contracts for use with respect to all
principals, that his or her primary responsibility is in the

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improvement of instruction. A majority of the time spent by a
principal shall be spent on curriculum and staff development
through both formal and informal activities, establishing
clear lines of communication regarding school goals,
accomplishments, practices and policies with parents and
teachers. The principal, with the assistance of the local
school council, shall develop a school improvement plan as
provided in Section 34-2.4 and, upon approval of the plan by
the local school council, shall be responsible for directing
implementation of the plan. The principal, with the assistance
of the professional personnel leadership committee, shall
develop the specific methods and contents of the school's
curriculum within the board's system-wide curriculum standards
and objectives and the requirements of the school improvement
plan. The board shall ensure that all principals are evaluated
on their instructional leadership ability and their ability to
maintain a positive education and learning climate. It shall
also be the responsibility of the principal to utilize
resources of proper law enforcement agencies when the safety
and welfare of students and teachers are threatened by illegal
use of drugs and alcohol, by illegal use or possession of
weapons, or by illegal gang activity.
Nothing in this Section shall prohibit the board and the
exclusive representative of the district's teachers from
entering into an agreement under Section 34-85c of this Code
to establish alternative procedures for teacher evaluation,

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remediation, and removal for cause after remediation,
including an alternative system for peer evaluation and
recommendations, for teachers assigned to schools identified
in that agreement.
On or before October 1, 1989, the Board of Education, in
consultation with any professional organization representing
principals in the district, shall promulgate rules and
implement a lottery for the purpose of determining whether a
principal's existing performance contract (including the
performance contract applicable to any principal's position in
which a vacancy then exists) expires on June 30, 1990 or on
June 30, 1991, and whether the ensuing 4 year performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education shall establish and conduct the lottery in such
manner that of all the performance contracts of principals
(including the performance contracts applicable to all
principal positions in which a vacancy then exists), 50% of
such contracts shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal on
May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
other than as provided by Section 34-2.3, shall be deemed by
operation of law to be serving under a performance contract
which expires on June 30, 1990 or June 30, 1991; and unless
such performance contract of any such principal is renewed (or
such person is again appointed to serve as principal) in the

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manner provided by Section 34-2.2 or 34-2.3, the employment of
such person as principal shall terminate on June 30, 1990 or
June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and
thereafter, the principal of each attendance center shall be
the person selected in the manner provided by Section 34-2.3
to serve as principal of that attendance center under a 4 year
performance contract. All performance contracts of principals
expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their
performance contracts and the appointment of principals when
their performance contracts are not renewed shall be governed
by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the
office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a
4 year performance contract in the manner provided by Section
34-2.3.
The board of education shall develop and prepare, in
consultation with the organization representing principals, a
performance contract for use at all attendance centers, and
shall furnish the same to each local school council. The term
of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer
pursuant to subdivision 1.5 of Section 34-2.3, in which case
the contract shall be extended for 2 years. The performance
contract of each principal shall consist of the uniform

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performance contract, as developed or from time to time
modified by the board, and such additional criteria as are
established by a local school council pursuant to Section
34-2.3 for the performance contract of its principal.
During the term of his or her performance contract, a
principal may be removed only as provided for in the
performance contract except for cause. He or she shall also be
obliged to follow the rules of the board of education
concerning conduct and efficiency.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, or in the event a principal
is appointed to any position of superintendent or higher
position, or voluntarily resigns his position of principal,
his or her employment as a principal shall terminate and such
former principal shall not be reinstated to the position from
which he or she was promoted to principal, except that he or
she, if otherwise qualified and licensed in accordance with
Article 21B, shall be placed by the board on appropriate
eligibility lists which it prepares for use in the filling of
vacant or additional or newly created positions for teachers.
The principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.

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In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, such principal shall be
eligible to continue to receive his or her previously provided
level of health insurance benefits for a period of 90 days
following the non-renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment
and maintenance throughout the year or for such portion
thereof as it may direct, not less than 9 months and in
compliance with Section 10-19.05, of schools of all grades
and kinds, including normal schools, high schools, night
schools, schools for defectives and delinquents, parental
and truant schools, schools for the blind, the deaf, and
persons with physical disabilities, schools or classes in
manual training, constructural and vocational teaching,
domestic arts, and physical culture, vocation and
extension schools and lecture courses, and all other
educational courses and facilities, including

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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
district funds or denied participation in comparable
physical education and athletic programs solely by reason

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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
guardians;
6. To grant the use of assembly halls and classrooms

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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
school district to apply for enrollment of their children
in any attendance center within the school district which

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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
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes

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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 nonlicensed personnel or employ nonlicensed
personnel to assist in the instruction of pupils under the
immediate supervision of a teacher holding a valid
educator license, directly engaged in teaching subject
matter or conducting activities; provided that the teacher

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shall be continuously aware of the nonlicensed persons'
activities and shall be able to control or modify them.
The general superintendent shall determine qualifications
of such personnel and shall prescribe rules for
determining the duties and activities to be assigned to
such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of
1995, to provide assistance to schools in times of
violence or other traumatic incidents within a school
community by providing crisis intervention services to
lessen the effects of emotional trauma on individuals and
the community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;

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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
wrongful act or omission, acting within the scope of his
or her employment or under direction of the board, the

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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
informing students of the educational and career
opportunities available in the military if the board has

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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
student's directory information in an amount that is not
more than the actual costs incurred by the high school.

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(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:
(1) "Computer" means an internally programmed,
general purpose digital device capable of

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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 $35,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments, or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which
is equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a
county with a population of 3,000,000 or more, the Cook
County Forest Preserve District, the Chicago Park

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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,
the county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation

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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 is encouraged to employ a sufficient
number of licensed school counselors to maintain a
student/counselor ratio of 250 to 1. Each counselor shall
spend at least 75% of his work time in direct contact with
students and shall maintain a record of such time;
21. To make available to students vocational and

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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).
(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

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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
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;

SB2821 - 31 - LRB103 36851 RJT 66963 b
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
licensed teachers, by allowing credit for professional
employment in related fields when determining point of
entry on the teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Code in order to ensure
they have the knowledge and skills to perform their
duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section
34-2.3. Nothing in this paragraph shall be construed to
require any additional appropriations of State funds for
this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Code
Act or any other law to the contrary other than any
prohibition under this paragraph 30, to contract with
third parties for services otherwise performed by

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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. However, the board may not contract with a third
party on or after the effective date of this amendatory
Act of the 103rd General Assembly for services relating to
custodial, dietary, or daily maintenance of a district
facility. 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;
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;

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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. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21;
102-894, eff. 5-20-22; 103-8, eff. 1-1-24.)
(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
Sec. 34-21.3. Contracts. The board shall by record vote
let all contracts (other than those excepted by Section
10-20.21 or paragraph 30 of Section 34-18 of this Code) for
supplies, materials, or work and contracts with private

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carriers for transportation of pupils involving an expenditure
in excess of $35,000 or a lower amount as required by board
policy by competitive bidding as provided in Section 10-20.21
of this Code.
The board may delegate to the general superintendent of
schools, by resolution, the authority to approve contracts in
amounts of $35,000 or less.
For a period of one year from and after the expiration or
other termination of his or her term of office as a member of
the board: (i) the former board member shall not be eligible
for employment nor be employed by the board, a local school
council, an attendance center, or any other subdivision or
agent of the board or the school district governed by the
board, and (ii) neither the board nor the chief purchasing
officer shall let or delegate authority to let any contract
for services, employment, or other work to the former board
member or to any corporation, partnership, association, sole
proprietorship, or other entity other than publicly traded
companies from which the former board member receives an
annual income, dividends, or other compensation in excess of
$1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing
officer shall contain a provision stating that the contract is
not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation

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with the board, shall (i) review existing conflict of interest
and disclosure laws or regulations that are applicable to the
executive officers and governing boards of school districts
organized under this Article and school districts generally,
(ii) determine what additional disclosure and conflict of
interest provisions would enhance the reputation and fiscal
integrity of the board and the procedure under which contracts
for goods and services are let, and (iii) develop appropriate
reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school
district.
(Source: P.A. 103-8, eff. 1-1-24.)
(105 ILCS 5/34-49) (from Ch. 122, par. 34-49)
Sec. 34-49. Contracts, expense and liabilities without
appropriation. No contract shall be made or expense or
liability incurred by the board, or any member or committee
thereof, or by any person for or in its behalf,
notwithstanding the expenditure may have been ordered by the
board, unless an appropriation therefor has been previously
made. Neither the board, nor any member or committee, officer,
head of any department or bureau, or employee thereof shall
during a fiscal year expend or contract to be expended any
money, or incur any liability, or enter into any contract
which by its terms involves the expenditure of money for any of
the purposes for which provision is made in the budget, in

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excess of the amounts appropriated in the budget. Any
contract, verbal or written, made in violation of this Section
is void as to the board, and no moneys belonging thereto shall
be paid thereon. Provided, however, that the board may lease
from any Public Building Commission created pursuant to the
provisions of the Public Building Commission Act, approved
July 5, 1955, as heretofore or hereafter amended, or from any
individuals, partnerships or corporations, any real or
personal property for the purpose of securing space for its
school purposes or office or other space for its
administrative functions for any period of time not exceeding
40 years, and such lease may be made and the obligation or
expense thereunder incurred without making a previous
appropriation therefor, except as otherwise provided in
Section 34-21.1 of this Act. Provided that the board may enter
into agreements, including lease and lease purchase agreements
having a term not longer than 40 years from the date on which
such agreements are entered into, with individuals,
partnerships, or corporations for the construction of school
buildings, school administrative offices, site development,
and school support facilities. The board shall maintain
exclusive possession of all such schools, school
administrative offices, and school facilities which it is
occupying or acquiring pursuant to any such lease or lease
purchase agreement, and in addition shall have and exercise
complete control over the education program conducted at such

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schools, offices and facilities. The board's contribution
under any such lease or lease purchase agreement shall be
limited to the use of the real estate and existing
improvements on a rental basis which shall be exempt from any
form of leasehold tax or assessment, but the interests of the
board may be subordinated to the interests of a mortgage
holder or holders acquired as security for additional
improvements made on the property. Provided that the board may
enter into agreements, including lease and lease purchase
agreements, having a term not longer than 40 years from the
date on which such agreements are entered into for the
provision of school buildings and related property and
facilities for an agricultural science school pursuant to
subparagraphs (8) through (10) of Section 34-21.1; and such
agreements may be made and the obligations thereunder incurred
without making a previous appropriation therefor. This Section
does not prevent the making of lawful contracts for the
construction of buildings, the purchase of insurance, the
leasing of equipment, the purchase of personal property by a
conditional sales agreement, or the leasing of personal
property under an agreement that upon compliance with the
terms of which the board shall become or has the option to
become the owner of the property for no additional
consideration or for a nominal consideration, the term of
which may be for periods of more than 1 year, but, in no case,
shall such conditional sales agreements or leases of personal

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property by which the board may or will become the owner of the
personal property, provide for the consideration to be paid
during a period of time in excess of 10 years nor shall such
contracts provide for the payment of interest in excess of the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, on the
unpaid balance owing; nor shall this Section prevent the
making of lawful contracts for the purchase of fuel and the
removal of ashes for a period from July 1 of any year to June
30 of the year following, or the making of lawful contracts for
the transportation of pupils to and from school, or the
entering into of employment contracts with individuals or
groups of employees for any period not to exceed 4 years, or,
except as otherwise prohibited under paragraph 30 of Section
34-18, the entering into contracts with third parties for
services otherwise performed by employees for any period not
to exceed 5 years provided that the contracts with third
parties for services provided at attendance centers shall
specify that the principal of an attendance center shall have
authority, to the maximum extent possible, to direct persons
assigned to the attendance center pursuant to that contract,
or the making of requirement contracts for not to exceed one
year the terms of which may extend into the succeeding fiscal
year provided, however, that such contracts contain a
limitation on the amount to be expended and that such
contracts shall impose no obligation on the board except

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