February 10, 2022 at 6:30 PM - Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. COMMUNICATIONS AND/OR OPPORTUNITY FOR EXPRESSION OF PUBLIC CONCERNS

3.1. FOIA Requests:

3.1.1. Illinois Retired Teachers Organization.

3.1.2. WLS - ABC7 Chicago

3.1.3. Gerardo Mendez, Construction Analyst.

4. CONSENT AGENDA

4.1. Approval of Minutes

4.1.1. Regular Board Meeting Minutes, January 13, 2022.

4.1.2. Closed Session Board Meeting Minutes, January 13, 2022.

4.2. New Hire

4.2.1. Yesli Carrera, Westdale School, Lunch Monitor, effective January 31, 2022.

4.2.2. Esmeralda Torres, Transportation Department, Bus Driver, effective January 26, 2022.

4.3. Intent to Return to District 83

4.3.1. Susan Gonzalez, Teacher, effective for 2022 - 2023 school year.

4.4. Resignation

4.4.1. Ashley Molina, Enger School, Lunch Monitor, Effective January 5, 2002.

4.4.2. Rubicelia Diaz, Westdale School, Lunch Monitor, effective January 18, 2022.

4.5. Released from Duty

4.5.1. Teresa Manden, Enger School, Classroom Aide, effective February 2, 2022.

4.6. Bills

4.6.1. Bills February 2022

4.7. First Reading of Board Policy

4.7.1. 5:30, Hiring Process and Criteria - The policy, Legal References, and footnotes are updated in response to 105 ILCS 5/21B-85, amended by P.A. 102-522, requiring a board (formerly ISBE) to provide written notice to TRS when it learns a teacher has been convicted of a felony, and for continuous improvement.
Footnote 5 is updated in response to IHRA, 775 ILCS 5/2-103.1(c), added by P.A. 101-656, with a discussion regarding application of the IHRA’s interactive assessment requirement for disqualifying offenses listed in 105 ILCS 5/21B-80. Footnote 6 is updated in response to IDHR guidance for implementation of 775 ILCS 5/2-103.1, added by P.A. 101-656, at: www2.illinois.gov/dhr/Pages/Conviction_Record_Protection_Frequently_Asked_Questions.aspx.
 

4.7.2. 5:30-AP1, Interview Questions - The procedure is updated in response to:

1. IHRA amendment noted in 5:20, Workplace Harassment Prohibited, above (work authorization status);
2. 105 ILCS 5/21B-80, amended by P.A. 102-552; and
3. IDHR guidance for implementation of 775 ILCS 5/2-103.1, added by P.A. 101-656, at: www2.illinois.gov/dhr/Pages/Conviction_Record_Protection_Frequently_Asked_Questions.aspx. In light of this guidance, consult the board attorney if the district wants to ask candidates about disqualifying convictions before the job offer stage.

 

4.7.3. 5:30-AP2, Investigations -The procedure is updated in response to:

1. 105 ILCS 5/10-21.9 and 5/21B-80, amended by P.A. 102-522, adding homicide offenses to the list of offenses barring individuals from school district employment;
2. Ill. Vehicle Code, 625 ILCS 5/6-106.1, amended by P.A. 102-168;
3. IHRA, 775 ILCS 5/2-103.1, added by P.A. 101-656, and PRESS Advisory Board (PAB) feedback regarding the need to account for the seven working day timeline for an applicant to respond to an Ill. State Police background report pursuant to the Ill. Uniform Conviction Information Act, 20 ILCS 2635/7, in addition to the five business day response timeline required under 775 ILCS 5/2-103.1. New footnotes 2, 3, and 4 are added to address issues arising from implementation of 775 ILCS 5/2-103.1, added by P.A. 101-656; and
4. Continuous improvement.

4.7.4. 5:30-AP2, E1, Notice of Preliminary Hiring Decision Based on Conviction Record - The exhibit is updated for reason #3 stated in 5:30-AP2, Investigations, above, and for continuous improvement.
 

4.7.5. 5:30-AP2, E2, Notice of Final Hiring Decision Based on Conviction Record - The exhibit is updated in response to issues arising from implementation of IHRA, 775 ILCS 5/2-103.1, added by P.A. 101-656, and for continuous improvement.
 

4.7.6. 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition - The policy, Legal References, and footnotes are updated in response to:

1. 105 ILCS 5/27-13.2, amended by P.A. 102-195, requiring districts to educate students about the prevention and avoidance of drugs abuse and the dangers of opioid and substance abuse; and
2. PAB feedback for continuous improvement related to reasonable suspicion, now that a couple of years have passed since the Cannabis Regulation Tax Act (CRTA) became law.

Legal References are updated in response to continuous improvement
 

4.7.7. 5:90, Abused and Neglected Child Reporting - The policy, Legal References, Cross References, and footnotes are updated in response to:

1. 105 ILCS 5/14-1.02, amended by P.A. 102-172, requiring districts to provide special education services to students with disabilities who turn 22 during the school year for the remainder of that school year;
2. 105 ILCS 5/10-23.13 (Erin’s Law), amended by P.A. 102-610; and
3. 105 ILCS 5/21B-85, amended by P.A. 102-552, requiring a board (formerly ISBE) to provide written notice to TRS when it learns a teacher has been convicted of a felony, and continuous improvement.

The Legal References and footnote 18 are updated to incorporate the requirement of the Elementary and Secondary Education Act, 20 U.S.C. §7926, discussed in 5:150, Personnel Records, below.
Other continuous improvement updates are made throughout the policy and footnotes.


 

4.7.8. 5:90-AP, Coordination with Children’s Advocacy Center - The procedure is updated with the final citation to 105 ILCS 5/22-85(i), added by P.A. 101-531, and for continuous improvement. Footnote 2 is updated for clarity.
 

4.7.9. 5:100, Staff Development Program - The policy, Cross References, Administrative Procedure references, and footnotes are updated in response to 105 ILCS 5/10-23.13 (Erin’s Law), amended by P.A. 102-610, and for continuous improvement. Staff development program requirements related to mandated reporting training and Erin’s Law that previously appeared as an option in the footnotes have been moved into the default policy text and are accompanied by new footnote 2. Due to the insertion of new footnote 2, what were previously footnotes 4 and 5 are renumbered as footnotes 5 and 6. Old footnote 4/new footnote 5 was also updated in response to P.A. 102-197.
 

4.7.10. 5:100-AP, Staff Development Program - The procedure is updated for continuous improvement.
 

4.7.11. 5:120, Employee Ethics; Conduct; and Conflict of Interest - The policy, Legal References, Cross References, and footnotes are updated in response to, among other things, the General Assembly’s focus on resolving Educator Misconduct as follows:

1. 105 ILCS 5/10-23.13 (E_r_i_n_’s_ _L_a_w_), amended by P.A. 102-610;
2. 105 ILCS 5/22-90 (final citation pending), added by P.A. 102-327, eff. 1-1-22 (guidance counselor gift ban); and
3. Continuous improvement.

The General Assembly may consider HB 1975 during Veto Session. If HB 1975 is passed, more updates will be required to this policy
 

4.7.12. 5:120-AP2, Employee Conduct Standards - The procedure and its footnotes are updated in response to 105 ILCS 5/10-23.13 (E_r_i_n_’s_ _L_a_w_), amended by P.A. 102-610, and for continuous improvement. The footnotes are updated in response to:

1. 105 ILCS 5/27-13.2, amended by P.A. 102-195, including the dangers of opioid abuse within drug and substance abuse education;
2. 105 ILCS 5/21B-75, amended by P.A. 102-552, amending suspension or revocation of license provision to also apply to suspension or revocation of endorsements or approvals; and
3. 775 ILCS 5/2-103.1, added by P.A. 101-656, prohibiting certain adverse employment actions based on conviction records.

Do not automatically add this to the district’s procedure or personnel manual. Use this procedure to prompt local conversations related to employee conduct standards, including the prevention of sexual misconduct and grooming.
 

4.7.13. 5:120-AP2, E, Expectations and Guidelines for Employee-Student Boundaries - NEW. This exhibit is created in response to 105 ILCS 5/10-23.13 (E_r_i_n_’s_ _L_a_w_), amended by P.A. 102-610.
Do not automatically add this to the district’s procedure or personnel manual. Use this exhibit to structure local conversations around what the district will include for its examples of expectations and guidelines about professional boundaries in employee-student relationships.
 

4.7.14. 5:125, Personal Technology and Social Media; Usage and Conduct - The policy, Legal References, Cross References, and footnotes are updated in response to the requirements of districts outlined in 105 ILCS 5/10-23.13 (Erin’s Law), amended by P.A. 102-610. For more information about Erin’s Law requirements, see policy 4:165, Awareness and Prevention of Child Sexual Abuse and Grooming Behaviors, and the Ethics, Training, and Educator Misconduct bundle, above. Other continuous improvements are made throughout.
 

4.7.15. 5:150, Personnel Records - The policy, Legal References, Cross References, and footnotes are updated in response to:

1. 105 ILCS 5/10-23.13 (Erin’s Law), amended by P.A. 102-610, requiring policy 4:165, Awareness and Prevention of Child Sexual Abuse and Grooming Behaviors, and for more information read the Ethics, Training, and Educator Misconduct bundle, above; and
2. The Elementary and Secondary Education Act (ESEA), 20 U.S.C. §7926 (requiring policies to prohibit districts from providing a recommendation of employment for an employee, contractor, or agent that a district knows, or has probable cause to believe, has engaged in sexual misconduct with a student or minor in violation of the law).

4.7.16. 5:185, Family and Medical Leave - The policy, Legal References, and footnotes are updated in response to 105 ILCS 5/24-6.4, added by P.A. 102-335, lowering the threshold for FMLA eligibility for school employees to 1,000 1,250 hours worked in the preceding 12-months, and for continuous improvement.
 

4.7.17. 5:185-AP, Resource Guide for Family and Medical Leave - The procedure is updated in response to the same legislation noted in 5:185, Family and Medical Leave, above.
 

4.7.18. 5:200, Terms and Conditions of Employment and Dismissal - The policy, Legal References, and footnotes are updated. The policy is updated in response to PAB feedback regarding the need to comply with the terms of individual employment contracts, in addition to collective bargaining agreements and other legal requirements. A minor style change is made to the Legal References. Finally, the footnotes are updated in response to:

1. 105 ILCS 5/24-2, amended by P.A. 102-15, designating 2022 Election Day (11-8-22) as a school holiday;
2. 105 ILCS 5/24-2, amended by P.A.s 102-14 and 102-334, designating Juneteenth (June 19) as a holiday;
3. 105 ILCS 5/24A-5, amended by P.A. 102-252, allowing districts to evaluate tenured teachers rated as excellent or proficient every three (rather than two) years, in accordance with its teacher evaluation plan and an informal teacher observation plan, to be established by ISBE rule and the agreement of the PERA Joint Committee; and
4. Continuous improvement.

4.7.19. 5:210, Resignations - The policy is unchanged. The Legal References are updated with a minor style change. The footnotes are updated in response to 105 ILCS 5/24-14, amended by P.A. 102-552, requiring certain items be included in a district’s referral to the State Superintendent of a teacher who resigns during the school term. Continuous improvement updates are also made to the footnotes.
 

4.7.20. 5:220, Substitute Teachers - The policy and footnote 7 are updated in response to 105 ILCS 5/16-118, amended by P.A. 102-537, limiting substitute teaching hours for TRS annuitants to 500 hours per school year beginning 7-1-23, previously 7-1-21. Footnote 7 is also updated in response to 105 ILCS 5/16-150.1, amended by P.A. 102-440, allowing TRS annuitants to teach in a subject shortage area through 6-30-24, previously 6-30-21. Other continuous improvement updates are made throughout the policy and footnotes.
 

4.7.21. 5:220-AP, Substitute Teachers - The procedure is updated in response to:

1. 325 ILCS 5/4, amended by P.A. 101-564, requiring mandated reporter training within three months of initial employment and at least every three years thereafter;
2. 105 ILCS 5/24-5(b-4), amended by P.A. 101-81, allowing boards to require new substitute teachers to submit evidence of physical fitness and be subject to additional health examinations/screenings; and
3. Continuous improvement.

4.7.22. 5:250, Leaves of Absence - The policy and footnotes are updated in response to:

1. 105 ILCS 5/24-6, amended by P.A. 102-275, permitting eligible school employees to take up to 30 days of paid sick leave for birth, without medical certification, any time within one year following the birth, and for adoption, placement for adoption, or acceptance of a child in need of foster care; and
2. VESSA, 820 ILCS 180/, amended by P.A. 102-487, adding other crimes of violence to its leave protections.

The Legal References are updated with a minor style change. The footnotes are also updated in response to 56 Ill.Admin.Code Part 252, implementing the Child Bereavement Leave Act, 820 ILCS 154/, and for continuous improvement.
 

4.7.23. 5:260, Student Teachers - The policy is unchanged. The footnotes are updated in response to 105 ILCS 5/21B-80, amended by P.A. 102-552, and for continuous improvement.
 

4.7.24. 5:330, Sick Days, Vacation, Holidays, and Leaves - The policy and footnotes are updated in response to:

1. 105 ILCS 5/24-6, amended by P.A. 102-275, permitting eligible school employees to take up to 30 days of paid sick leave for birth, without medical certification, any time within one year following the birth, and for adoption, placement for adoption, or acceptance of a child in need of foster care;
2. VESSA, 820 ILCS 180/, amended by P.A. 102-487, adding other crimes of violence to the protections of VESSA;
3. 105 ILCS 5/24-2, amended by P.A. 102-15, designating 2022 Election Day (11-8-22) as a school holiday;
4. 105 ILCS 5/24-2, amended by P.A.s 102-14 and 102-334, designating Juneteenth (June 19) as a holiday; and
5. Continuous improvement.

The footnotes are also updated in response to 56 Ill.Admin.Code Part 252, implementing the Child Bereavement Leave Act, 820 ILCS 154/.
 

4.8. Second Reading and adoption of Board Policy

4.8.1. 4:60-AP1, Purchases - The procedure is updated in response to the Coal Tar Sealant Disclosure Act, 410 ILCS 170/, added by P.A. 102-242, eff. 1-1-23. Footnote 2 is added for continuous improvement related to the Grant Accountability and Transparency Act, 30 ILCS 708/.
 

4.8.2. 4:60-AP4, Federal and State Award Procurement Procedures - The procedure is updated in response to 2 C.F.R. Part 200, amended by 85 Fed.Reg. 49543, and for continuous improvement.

 

4.8.3. 4:80, Accounting and Audits - The policy is unchanged. The footnotes are updated in response to the Uniform Electronic Transactions Act, 815 ILCS 333/, added by P.A. 102-38.
 

4.8.4. 4:110, Transportation - The policy, Cross References, and footnotes are updated in response to 105 ILCS 5/10-20.59, amended by P.A. 102-199, requiring boards to appoint a liaison to facilitate the enrollment of students in the legal custody of the Ill. Dept. of Children and Family Services, and for continuous improvement.
 

4.8.5. 4:120, Food Services - The policy is unchanged. The footnotes are updated in response to a five-year review.
 

4.8.6. 4:150, Facility Management and Building Programs - The policy is unchanged. The footnotes are updated in response to 105 ILCS 5/10-20.63, added by P.As. 100-163 and 102-340, requiring school districts to make menstrual feminine hygiene products (defined as tampons and sanitary napkins for use in connection with the menstrual cycle) available, at no cost to students, in the bathrooms of every school building that is open for student use serving students in grades 4 6 through 12 during the regular school day.
 

4.8.7. 4:160, Environmental Quality of Buildings and Grounds - The policy, Legal References, and footnotes are updated in response to:

1. The Coal Tar Sealant Disclosure Act, 410 ILCS 170/, added by P.A. 102-242, eff. 1-1-23;
2. The Illinois Pesticide Act, 415 ILCS 60/14 3.F., amended by P.A. 102-548; and
3. Continuous improvement; footnote 1 now references that 40 C.F.R. §763.93(g)(4) and 77 Ill.Admin.Code §855.300(a)(3) require annual notice to parents and employees of the availability of the district’s asbestos management plan, along with a reference to the (Ill. Principals Association) IPA model handbook service.

4.8.8. 4:165, Awareness and Prevention of Child Sexual Abuse and Grooming Behaviors - NEW. This policy is created in response to 105 ILCS 5/10-23.13 (E_r_i_n_’s_ _L_a_w_), amended by P.A. 102-610, requiring districts to adopt and implement a policy addressing sexual abuse of children that includes an age-appropriate and evidence-informed curriculum for pre-K-12 students, evidence-informed training for school personnel on child sexual abuse, and evidence-informed educational information for parents/guardians in school handbooks.
 

4.8.9. 4:170, Safety - The policy and footnotes are updated in response to 105 ILCS 128/20(c), amended by P.A. 102-395, requiring schools to notify and allow parents/guardians to opt their children out of lockdown drills involving student participation. Continuous improvement updates are also made to the policy, Legal References, Cross References, and footnotes.
 

4.8.10. 4:170-AP1, Comprehensive Safety and Security Plan - The procedure is updated for the reasons stated in 4:170, Safety, above.
 

4.8.11. 4:170-AP2, Routine Communications Concerning Safety and Security - The procedure is updated for the reasons stated in 4:170, Safety, above.
 

4.8.12. 4:170-AP2, E5, Notice to Parents/Guardians of Lockdown Drill; Opt-out - NEW. This exhibit is created in response to 105 ILCS 128/20(c), amended by P.A. 102-395.
 

4.8.13. 4:175, Convicted Child Sex Offender; Screening; Notifications - The policy, Legal References, Cross References, and footnotes are updated. The footnotes are updated in response to:

1. The Sex Offender Community Notification Law, 730 ILCS 152/121(b), amended by P.A. 102-197, the school counselor terminology change; and
2. 725 ILCS 191/15, added by P.A. 102-652, creating the Privacy of Adult Victims of Criminal Sexual Offenses Act. Other continuous improvement updates are made throughout the policy, Legal References, Cross References, and footnotes.

 

4.8.14. 4:175-AP1, Criminal Offender Notification Laws; Screening - The procedure is updated in response to:

1. 725 ILCS 191/15, added by P.A. 102-652, creating the Privacy of Adult Victims of Criminal Sexual Offenses Act;
2. 105 ILCS 5/21B-85, amended by P.A. 102-552, requiring a board (formerly ISBE) to provide written notice to TRS when it learns a teacher has been convicted of a felony; and  Continuous improvement.

4.8.15. 5:10, Equal Employment Opportunity and Minority Recruitment - The policy and footnotes are updated in response to:

1. Ill. Human Rights Act (IHRA), 775 ILCS 5/2-101, 5/2-102, and 5/2-104, amended by P.A. 102-33, adding discrimination on the basis of work authorization status as a civil rights violation.
2. Victims’ Economic Security and Safety Act (VESSA), 820 ILCS 180/30, amended by P.A. 102-487, expanding the protections of the Act to employees impacted by other crimes of violence.

The footnotes are also updated with continuous improvement changes.
 

4.8.16. 5:20, Workplace Harassment Prohibited - The policy, footnotes, and Legal References are updated. The policy is updated in response to IHRA, 775 ILCS 5/2-101, 5/2-102, and 5/2-104, amended by P.A. 102-33, adding discrimination (including harassment) on the basis of work authorization status as a civil rights violation. The footnotes are updated for the same reason as the policy and in response to:

1. The Ill. Dept. of Human Rights (IDHR) FAQ for Employers under Section 5/2-108 and Form IDHR 2-108;
2. New exhibit 5:120-AP2, E, Expectations and Guidelines for Employee-Student Boundaries; and
3. Continuous improvement.

The Legal References are updated with additional case citations for continuous improvement.
 

4.8.17. 5:20-AP, Sample Questions and Considerations for Conducting the Internal Harassment in the Workplace Investigation - The procedure is updated in response to the IHRA amendment stated in 5:20, Workplace Harassment Prohibited, above (work authorization status), and for continuous improvement.
 

5. SUPERINTENDENT'S REPORT

5.1. Buildings, Grounds, and Transportation - Ron Carleton 

5.1.1. February Department Update.

5.1.2. Bidder Schedule Recap.

5.1.3. Thomas Mazur, Construction Manager, Contract.

5.2. Architects Report - Guenther Schmidt

5.3. Business Department - Alicia Cieszykowski, Business Manger, CSBO

5.3.1. Resolution transferring funds from the educational fund of the District to the bond and interest fund of the District and abating the tax heretofore levied to pay debt service on Limited School Bonds, Series 2013A, Taxable Limited Schools Bonds, Series 2013B, School Bonds, Series 2013 C, and Taxable Refunding School Bonds, Series 2013D of the District.

6. OLD BUSINESS

7. NEW BUSINESS

8. MISCELLANEOUS

8.1. Board and Administrator - February 2022 Edition.

9. ADJOURN TO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING APPOINTMENT, EMPLOYMENT, PERSONNEL, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES, AND/OR REAL ESTATE.