SEC. 843. Authorized persons; entry of schools.-The Department may use deputy fire marshals or local fire chiefs to conduct such fire drills. The State fire marshal, any deputy fire marshal or local fire chief with specific authority of the State fire marshal may enter any school building while school is in session for the purpose of conducting a fire drill, provided supervisory personnel of the school have approved. [1965, Aug. 2, Laws 1965, p. 2391, sec. 3.] Critical Health Problems and Comprehensive SEC. 861. Short title.-This Act shall be known and may be cited as the "Critical Health Problems and Comprehensive Health Education Act". [P.A. 77-1405, sec. 1, eff. Aug. 31, 1971.] SEC. 862. Definitions.-The following terms shall have the following meanings respectively prescribed for them, except as the context otherwise requires: (a) “Comprehensive Health Education Program": a systematic and extensive educational program designed to provide a variety of learning experiences based upon scientific knowledge of the human organism as it functions within its environment which will favorably influence the knowledge, attitudes, values and practices of Illinois school youth; and which will aid them in making wise personal decisions in matters of health. [P.A. 77-1405, sec. 2, eff. Aug. 31, 1971.] SEC. 863. Comprehensive health education program. The program established hereunder shall include, but not be limited to, the following major educational areas as a basis for curricula in all elementary and secondary schools in this State; human ecology and health, human growth and development, prevension and control of disease, public and environmental health, consumer health, safety education and disaster survival, mental health and illness, personal health habits, alcohol, drug use and abuse, tobacco, nutrition and dental health. [P.A. 77-1405, sec. 3, eff. Aug. 31, 1971.] SEC. 864. Powers of the Superintendent of Public Instruction.--In order to carry out the purposes of this Act the Superintendent of Public Instruction is empowered to: (a) Establish the minimum amount of instruction time to be devoted to comprehensive health education at all elementary and secondary grade levels. (b) Establish guidelines to aid local school districts in developing comprehensive health education programs at all grade levels. (c) Establish special in-service programs to provide professional preparation in the field of health education for teachers and administrators throughout the schools of the State. (d) Develop cooperative health training programs between school districts and institutions of higher education whereby qualified health education personnel of such institutions will be available to guide the continuing professional preparation of teachers in health education. (e) Encourage institutions of higher education to develop and extend curricula in health education for professional preparation in both in-service and pre-service programs. (g) Assist in the development of evaluative techniques which will insure that a comprehensive program in health education is being conducted throughout the State which meets the needs of Illinois youth. (h) Make such additions to the staff of the Office of the Superintendent of Public Instruction to insure a sufficient number of health education personnel to effectuate the purposes of this Act. [P.A. 77-1405, sec. 4, eff. Aug. 31, 1971.] Federal Aid School Boards (art. 10). SEC. 10-22.26. School Lunch Program; purchase of equipment.-To maintain and operate a school lunch program in accordance with applicable regulations of the Superintendent of Public Instruction and agencies of the United States government. Equipment to be used in the school lunch program shall be paid for from the operations, building and maintenance fund of the district or from any surplus remaining in the school lunch account at the end of the school term. [Amended by 1965, May 19, Laws 1965, p. 648, sec. 1; P.A. 77-2744, sec. 1, eff. Oct. 1, 1972.] Miscellaneous Laws SEC. 698. Federal Vocational Education Fund; custody and expenditure.-The State Treasurer shall act as the custodian of all moneys allotted to this State under the provisions of the Federal Vocational Education Law. These moneys shall be kept by the State Treasurer in a separate fund, to be known as "The Federal Vocational Education Fund" and shall be paid out only upon the requisition of the Board, in the manner hereinafter provided. The State Comptroller is hereby authorized and directed to draw warrants upon the State Treasurer against “The Federal Vocational Education Fund", upon vouchers certified as correct by the executive officer for vocational and technical education and approved by the Department of Finance. [Amended by 1963, June 4, Laws 1963, p. 1053, sec. 1; P.A. 78-592, sec. 46, eff. Oct. 1, 1973.] Miscellaneous General Provisions *** (art. 22). SEC. 10-22.6a. Instructions for pregnant pupils.-To provide by home instruction, correspondence courses or otherwise courses of instruction for pupils who are unable to attend school because of pregnancy. (1961, March 18, Laws 1961, p. 31, sec. 10-22.6a, added 1967, July 20, Laws 1967, p. 1875, sec. 1.] SEC. 10-22.43. Credit for proficiency in foreign language.-To grant one year of high school foreign language credit to any student who has graduated from an accredited elementary school and who can demonstrate proficiency in a language other than English. Proficiency shall be determined by academic criteria acceptable to local school boards. [1961, March 18, Laws 1961, p. 31, sec. 10-22.43, added by P.A. 78-487, sec. 1, eff. Oct. 1, 1973.] Scholarships (art. 30). SEC. 30-1. Number; teachers scholarships.—(a) There shall be awarded annually at the end of each school year to each recognized public, private and parochial high school maintaining the twelfth grade with an enrollment of fewer than 500 students, 5 scholarships; to each such school with an enrollment of 500 or more students, one scholarship for each 100 students enrolled. In addition to the scholarships awarded to high schools on the basis of enrollment, there shall be awarded annually at the end of each school year to each recognized junior college with an enrollment of fewer than 500 students, 4 scholarships; to each such junior college with an enrollment of 500 to 1,000 students, inclusive, 5 scholarships; and to each such junior college with an enrollment of more than 1,000 students, 6 scholarships. The scholarships provided in this paragraph shall entitle holders thereof to the privileges set forth in Section 30-13 except that the scholarships provided in this paragraph shall be for a period of not more than 2 calendar years and shall be available for use at any time during such period of study except as provided in Section 30-14. In addition to the scholarships awarded to high schools and junior colleges on the basis of enrollment, there may be awarded annually at the end of each school year not more than 15 scholarships to persons receiving High School Equivalency Certificates during the preceding year and who have achieved an average standard score on all tests of General Education Development of 50 or above. The scholarships provided in this paragraph shall entitle the holders thereof to the privileges set forth in Section 30-13. (b) In addition to the scholarships awarded to the high schools on the basis of enrollment, there shall be awarded annually at the end of each school year 250 scholarships to persons qualifying as member of either of the following groups: (1) Students who are otherwise qualified to receive a scholarship as provided in Sections 30-2 and 30-3 of this Act and who make application to the Super intendent of Public Instruction for such scholarship and agree to take courses that will prepare the student for the teaching of children described in Section 14-1 of this Act. (2) Persons holding a valid certificate issued under the laws relating to the certification of teachers and who make application to the Superintendent of Public Instruction for such scholarship and agree to take courses that will prepare them for the teaching of children described in Section 14-1 of this Act. (c) Scholarships awarded under this Section shall be issued pursuant to regulations promulgated by the Superintendent of Public Instruction. For the purposes of this Article scholarships awarded each school year shall be deemed to be issued on July 1 of the year in which the school term ends and all calculations for use of the scholarship shall be based on such date. Each scholarship shall entitle its holder to exemption from fees as provided in Section 30-13 while enrolled in a program of teacher education, for a period of not more than 4 calendar years and shall be available for use at any time during such period of study except as provided in Section 30-14. Scholarships issued to holders of a valid certificate issued under the laws relating to the certification of teachers as provided in subparagraph (2) of paragraph (b) of this Section may also entitle the holder thereof to a program of teacher education that will prepare the student for the teaching of children described in Section 14-1 of this Act at the graduate level. (d) Notwithstanding any provision in this Section, after 1971 all scholarships under paragraph (a) of this Section are abolished. However, nothing in this paragraph affects the rights of holders of scholarships issued prior to such date. [Amended by 1963, Aug. 16, Laws 1963, p. 3067, sec. 1;1965, July 15, Laws 1965, p. 1610, sec. 1; P.A. 77-1311, sec. 1, eff. Aug. 27, 1971.] SEC. 30-2. Certification by principal; scholastic rank. - On or before March 1 in each year, the principal of each recognized public, private and parochial high school maintaining the twelfth grade or junior college shall certify to the county superintendent of schools of the county in which such high school or junior college is located the names and addresses of all students who ranked scholastically in the upper one-half of their graduating class and who graduated from such school during the preceding school year in the order of their scholastic rank in the four-year high school or junior college course of study at the end of the seventh semester. The name of no student shall be so certified unless he signifies in a letter presented to the principal his intention to prepare to teach in the public schools of Illinois. [As amended 1963, Aug. 16, Laws 1963, p. 3067, sec. 1; 1967, July 24, Laws 1967, p. 1996, sec. 1.] SEC. 30-3. Certification to Superintendent of Public Instruction; issuance of scholarship.-The county superintendent of schools shall on or before May 15 of each year certify the names and addresses of students certified to him for that year under Section 30-2 to the Superintendent of Public Instruction, who shall issue to each student whose rank, as shown on the list of names and addresses submitted entitled him to a certificate of scholarship which shall be accepted by any of the universities designated in Section 30-13 in lieu of any entrance examination. Each holder of a scholarship must furnish proof to the Superintendent of Public Instruction, in such form and at such intervals as the Superintendent of Public Instruction prescribes, of his continued enrollment in a teacher education program qualifying him for the scholarship. Any holder of a scholarship who fails to register in a program of teacher education at the university within 10 days after the commencement of the term, quarter or semester immediately following the receipt of the scholarship or who, having registered, withdraws from the university or transfers out of teacher education, shall thereupon forfeit the right to use it and it may be granted to the person having the next highest scholastic rank as shown on the list submitted to the Superintendent of Public Instruction. If the person having the next highest scholastic rank within 10 days after notification thereof by the Superintendent of Public Instruction, fails to register at any such university in a program of teacher education, or who, having registered, withdraws from the university or transfers out of teacher education, the scholarship may then be granted to the person shown on the list as having the scholastic rank next below such person. If the principal of any recognized public, private and parochial high school maintaining the twelfth grade or junior college fails to certify to the county superintendent of schools on or before May 1 of any year in accordance with Section 30-2 the names of a sufficient number of students to fill the scholarship or scholarships provided for in Section 30-1, the scholarship or scholarships available to high schools for which no names are certified shall become available to any eligible student from any other recognized public, private and parochial high school maintaining the twelfth grade in the county and the scholarships available to junior colleges for which no names are certified shall become available to any eligible student from any other junior college. In order to fill any such scholarships, the county superintendent of schools shall certify on or before May 15 of each year the name and address of any student certified to him by the principal of any other school in the county under Section 30-2 to the Superintendent of Public Instruction, who shall issue to such student a certificate of scholarship as provided in this section. Any scholarship that has become or becomes available to any eligible student in the county and is not issued before June 30 following the date it was available shall be transferred to a state pool in the office of the Superintendent of Public Instruction and may be issued to a student in a county that has used all scholarships available to that county. In order to obtain a scholarship in the state pool the county superintendent of schools shall certify to the Superintendent of Public Instruction that all scholarships available to his county have been filled and the name and address of any student certified to him by the principal of any school in the county under section 30-2. Upon such certification the Superintendent of Public Instruction shall issue a certificate of scholarship from any available scholarship in the State pool. [ Amended by 1963, Aug. 16, Laws 1963, p. 3067, sec. 1; 1967, July 24, Laws 1967, p. 1996, sec. 1; P.A. 76-1808, sec. 1, eff. Oct. 9, 1969.] SEC. 30-4a. Teaching requirement for scholarship holders.- Any person who has accepted a scholarship under the preceding Sections of this Article must, after graduation from or termination of enrollment in a teacher education program, teach in any recognized public, private or parochial school in this State for at least 2 of the 5 years immediately following that graduation or termination, excluding, however, from the computation of that 5 year period any time up to 4 years spent in the military service, whether such service occurs before or after the person graduates, and excluding from the computation of that 5 year period any time that person is enrolled full-time in an academic program leading to a postgraduate degree. Any such person who fails to fulfill this teaching requirement shall pay to the Superintendent of Public Instruction the amount of tuition waived by virtue of his acceptance of the scholarship, together with interest at 5% per year on that amount. However, this obligation to repay the amount of tuition waived plus interest does not apply when the failure to fulfill the teaching requirement results from the death or adjudication as incompetent of the person holding the scholarship, and no claim for repayment may be filed against the estate of such a decedent or incompetent. Payments received by the Superintendent of Public Instruction under this Section shall be remitted to the State Treasurer for deposit in the general revenue fund. Each person applying for such a scholarship shall be provided with a copy of this Section at the time he applies for the benefits of such a scholarship. [1961, Mar. 18, Laws 1961, p. 31, sec. 30-4a, added by P.A. 76-1808, sec. 1, eff. Oct. 9, 1969. Amended by P.A. 78-772, sec. 1, eff. Oct. 1, 1973.] Miscellaneous Laws-Community School Lunch Programs- SEC. 712.1 Definitions.- For the purposes of this Act: "School board" means school principal, directors, board of education and board of school inspectors of public and private schools. "Welfare center" means an institution not otherwise receiving funds from any governmental agency, serving lunches to children of school age or under, in conformance with the authorized school lunch program. "Free breakfast program" means those programs through which school boards may supply needy children in their respective districts with free school breakfasts. "Free lunch program" means those programs through which school boards supply all of the needy children in their respective districts with free school lunches. "School lunch program" means the program whereby certain types of lunches called balanced, nutritious lunches adopted as standard types and designated by the Superintendent of Public Instruction, are furnished to students. "Comptroller" means Comptroller of the State of Illinois. [Amended by P.A. 76-875, sec. 1, eff. Aug. 19, 1969; P.A. 76-2552, sec. 1, eff. July 7, 1970; P.A. 78-592, sec. 47, eff. Oct. 1, 1973.] SEC. 712.2 Reimbursement of sponsors.-The Superintendent of Public Instruction is authorized to reimburse school boards, welfare centers, and other designated sponsors of school lunch programs for a portion of the costs of food served in balanced, nutritious lunches, and served to students in schools operated not for profit, in non-profit public or parochial schools and non-profit welfare centers. The Superintendent of Public Instruction shall reimburse the amount of actual cost not to exceed $0.15 to School Boards for each free lunch and $0.15 for each free breakfast supplied by them. This appropriation shall be in addition to any federal contributions for Free Lunch Programs. [Amended by P.A. 76-875, sec. 1, eff. Aug. 19, 1969; P.A. 76-2552, sec. 1, eff. July 7, 1970; P.A. 78-210, sec. 1, eff. Oct. 1, 1973.] SEC. 712.3. Agreements with sponsors; standardized lunches.-The Superintendent of Public Instruction is authorized to enter into agreements with the sponsors of school lunch programs, and shall prepare a standardized, general list of type lunches, for which the State will reimburse, subject to the provisions of Section 8, the sponsors of school lunch programs, as follows: For each type of lunch designated as Type A, not more than 44. The Superintendent of Public Instruction is also authorized to enter into agreements with any governmental agency, school boards or welfare centers which would permit the distribution of surplus commodities or in any other way tend to improve the school lunch program. [Amended by P.A. 76-875, sec. 1, eff. Aug. 19, 1969.] SEC. 712.4 Accounts; copies of menus served; free lunch program required.-School boards and welfare centers shall keep an accurate, detailed and separate account of all moneys expended for school lunch programs and free breakfast and free lunch programs, and of the amounts for which they are reimbursed by any governmental agency, moneys received from students and from any other contributors to the program. School boards and welfare centers shall also keep on file a copy of all menus served under the school lunch program or free breakfast or free lunch program, which together with all records of receipts and disbursements, shall be made available to representatives of the office of the Superintendent of Public Instruction at any time. Every public school must have a free lunch program in effect by September 1, 1970. [Amended by P.A. 76-875, sec. 1, eff. Aug. 19, 1969; P.A. 76-2552, sec. 1, eff. July 7, 1970.] SEC. 712.5. Application for participation in programs.- Applications for participation in the school lunch program, the free breakfast program and the free lunch program shall be made on forms provided by the Superintendent of Public Instruction and filed with him, through the County Superintendent of Schools. [Amended by P.A. 76-875, sec. 1, eff. Aug. 19, 1969; P.A. 76-2552, sec. 1, eff. July 7, 1970.] SEC. 712.8. Filing and forwarding claims for reimbursement. - School boards and welfare centers shall file claims for reimbursement in duplicate, on forms provided by the Superintendent of Public Instruction, with the County Superintendent of Schools, not later than the tenth day of each month, for any school lunch program or free breakfast or free lunch program cost incurred during the next preceding calendar month. The County Superintendent of Schools shall sign and forward to the Superintendent of Public Instruction, not later than the fifteenth day of each month, one copy of each such claim filed with him. [Amended by P.A. 76-875, sec. 1, eff. Aug. 19, 1969; P.A. 76-2552, sec. 1, eff. July 7, 1970.] SEC. 712.9. Report of claims certified; payment of claims.-The Superintendent of Public Instruction shall prepare and certify to the State Comptroller not later than the 25th day of each month, a report of all claims certified to him by the County Superintendent of Schools, for State reimbursement, setting forth the amount due each school and welfare center therefor, whereupon the Comptroller shall draw his warrants on the State Treasurer for the amounts certified to him to the county superintendent of schools for the various school districts and welfare centers in their respective counties certified thereto. The county superintendent straightway shall transmit the payment to the respective school boards through the proper school treasurer or to the welfare centers. [ Amended by P.A. 78-592, sec. 47, eff. Oct. 1, 1973.] INDIANA CONSTITUTIONAL PROVISIONS Public Aid For Nonpublic Schools Bill of Rights (art. 1). SEC. 6. No money for religious institutions.–No money shall be drawn from the treasury, for the benefit of any religious or theological institution. Education (art. 8). SEC. 3. Principal a perpetual fund; appropriation of income.–The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of Common schools, and to no other purpose whatever. Finance (art. 10). SEC. 5. State debt prohibited; exceptions. -No law shall authorize any debt to be contracted, on behalf of the State, except in the following cases: To meet casual deficits in the revenue; to pay the interest on the State Debt; to repel invasion, suppress insurrection, or if hostilities be threatened, provide for the public defense. SEC. 6. County indebtedness for stock; state assumption of debts.- No county shall subscribe for stock in any incorporated company, unless the same be paid for at the time of such subscription; nor shall any county loan its credit to any incorporated company, nor shall the General Assembly ever, on behalf of the State, assume the debts of any county, city, town, or township; nor of any corporation whatever. Miscellaneous Education (art. 8). SEC. 1. Common Schools.-Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all. Corporations (art. 11). SEC. 13. General laws.-Corporations, other than banking, shall not be created by special Act, but may be formed under general laws. STATUTORY PROVISIONS Education (title 20). Approval/Supervision/Support Art. 1. School Organization: State (ch. 1. State Board of Education: Powers) SEC. 6. In addition to any other powers and duties prescribed by law, the state board of education shall adopt and promulgate such rules and regulations according to the provisions of IC 1971, 4-22-2, as it may deem necessary and reasonable, concerning, but not limited to, the following matters: * * * (f) Accreditation of Public Schools. The inspection of all public schools of the state of Indiana for the purpose of determining the condition of said schools. The state board of education shall establish standards governing the accreditation of public schools. It shall be the duty of local public school officials to make such reports as shall be required of them and to otherwise cooperate with the state board of education in the inspections required herein. Nonpublic schools may also request the inspection for classification purposes should they desire it. [Effective July 1, 1973.] Superintendent of Public Instruction: School Inspection; Inspector (ch. 13). SEC. 1. The state superintendent of public instruction, with the approval of the state board of education, shall appoint, within thirty (30) days after this act takes effect, a suitable person to inspect elementary and high schools, and may appoint not to exceed one (1) additional assistant, to inspect elementary and high schools, if, in the judgment of the majority of the state board of education, the circumstances and needs of the schools warrant the services of more than one (1) inspector, who shall work under the direction of the state superintendent of public instruction and the state board of education. The person or persons so appointed shall visit and inspect all public elementary and high schools in the state, and confer with private and parochial school authorities and advise with them for the purpose of improving and |