102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2042

 

Introduced 2/26/2021, by Sen. Cristina H. Pacione-Zayas

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-2.1  from Ch. 122, par. 34-2.1
105 ILCS 5/34-2.2  from Ch. 122, par. 34-2.2
105 ILCS 5/34-2.4b  from Ch. 122, par. 34-2.4b
105 ILCS 5/34-8.3  from Ch. 122, par. 34-8.3
105 ILCS 5/34-8.4

    Amends the Chicago School District Article of the School Code. Provides that a local school council shall be established for each public small school, contract school, and military school within the school district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. Requires a supermajority of 8 votes by the local school council to veto any action proposed or approved regarding certain schools placed on probation and intervention actions by the Chicago Schools Academic Accountability Council. Makes other changes. Effective immediately.


LRB102 16607 CMG 22005 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2042LRB102 16607 CMG 22005 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
534-2.1, 34-2.2, 34-2.4b, 34-8.3, and 34-8.4 as follows:
 
6    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
7    Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9    (a) (a) Notwithstanding any other provision of law, a A
10local school council shall be established for each attendance
11center within the school district, except for private schools,
12but including public small schools, contract schools, and
13military schools within the district. Each local school
14council shall consist of the following 12 voting members: the
15principal of the attendance center, 2 teachers employed and
16assigned to perform the majority of their employment duties at
17the attendance center, 6 parents of students currently
18enrolled at the attendance center, one employee of the school
19district employed and assigned to perform the majority of his
20or her employment duties at the attendance center who is not a
21teacher, and 2 community residents. Neither the parents nor
22the community residents who serve as members of the local
23school council shall be employees of the Board of Education.

 

 

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1In each secondary attendance center, the local school council
2shall consist of 13 voting members -- the 12 voting members
3described above and one full-time student member, appointed as
4provided in subsection (m) below. In each attendance center
5enrolling students in 7th or 8th grade, one full-time student
6member shall be appointed as provided in subsection (m) of
7this Section. In the event that the chief executive officer of
8the Chicago School Reform Board of Trustees determines that a
9local school council is not carrying out its financial duties
10effectively, the chief executive officer is authorized to
11appoint a representative of the business community with
12experience in finance and management to serve as an advisor to
13the local school council for the purpose of providing advice
14and assistance to the local school council on fiscal matters.
15The advisor shall have access to relevant financial records of
16the local school council. The advisor may attend executive
17sessions. The chief executive officer shall issue a written
18policy defining the circumstances under which a local school
19council is not carrying out its financial duties effectively.
20    (b) Within 7 days of January 11, 1991, the Mayor shall
21appoint the members and officers (a Chairperson who shall be a
22parent member and a Secretary) of each local school council
23who shall hold their offices until their successors shall be
24elected and qualified. Members so appointed shall have all the
25powers and duties of local school councils as set forth in this
26amendatory Act of 1991. The Mayor's appointments shall not

 

 

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1require approval by the City Council.
2    The membership of each local school council shall be
3encouraged to be reflective of the racial and ethnic
4composition of the student population of the attendance center
5served by the local school council.
6    (c) Beginning with the 1995-1996 school year and in every
7even-numbered year thereafter, the Board shall set second
8semester Parent Report Card Pick-up Day for Local School
9Council elections and may schedule elections at year-round
10schools for the same dates as the remainder of the school
11system. Elections shall be conducted as provided herein by the
12Board of Education in consultation with the local school
13council at each attendance center.
14    (c-5) Notwithstanding subsection (c), for the local school
15council election set for the 2019-2020 school year, the Board
16may hold the election on the first semester Parent Report Card
17Pick-up Day of the 2020-2021 school year, making any necessary
18modifications to the election process or date to comply with
19guidance from the Department of Public Health and the federal
20Centers for Disease Control and Prevention. The terms of
21office of all local school council members eligible to serve
22and seated on or after March 23, 2020 through January 10, 2021
23are extended through January 10, 2021, provided that the
24members continue to meet eligibility requirements for local
25school council membership.
26    (d) Beginning with the 1995-96 school year, the following

 

 

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1procedures shall apply to the election of local school council
2members at each attendance center:
3        (i) The elected members of each local school council
4    shall consist of the 6 parent members and the 2 community
5    resident members.
6        (ii) Each elected member shall be elected by the
7    eligible voters of that attendance center to serve for a
8    two-year term commencing on July 1 immediately following
9    the election described in subsection (c), except that the
10    terms of members elected to a local school council under
11    subsection (c-5) shall commence on January 11, 2021 and
12    end on July 1, 2022. Eligible voters for each attendance
13    center shall consist of the parents and community
14    residents for that attendance center.
15        (iii) Each eligible voter shall be entitled to cast
16    one vote for up to a total of 5 candidates, irrespective of
17    whether such candidates are parent or community resident
18    candidates.
19        (iv) Each parent voter shall be entitled to vote in
20    the local school council election at each attendance
21    center in which he or she has a child currently enrolled.
22    Each community resident voter shall be entitled to vote in
23    the local school council election at each attendance
24    center for which he or she resides in the applicable
25    attendance area or voting district, as the case may be.
26        (v) Each eligible voter shall be entitled to vote

 

 

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1    once, but not more than once, in the local school council
2    election at each attendance center at which the voter is
3    eligible to vote.
4        (vi) The 2 teacher members and the non-teacher
5    employee member of each local school council shall be
6    appointed as provided in subsection (l) below each to
7    serve for a two-year term coinciding with that of the
8    elected parent and community resident members. From March
9    23, 2020 through January 10, 2021, the chief executive
10    officer or his or her designee may make accommodations to
11    fill the vacancy of a teacher or non-teacher employee
12    member of a local school council.
13        (vii) At secondary attendance centers and attendance
14    centers enrolling students in 7th or 8th grade, the voting
15    student member shall be appointed as provided in
16    subsection (m) below to serve for a one-year term
17    coinciding with the beginning of the terms of the elected
18    parent and community members of the local school council.
19    For the 2020-2021 school year, the chief executive officer
20    or his or her designee may make accommodations to fill the
21    vacancy of a student member of a local school council.
22    (e) The Council shall publicize the date and place of the
23election by posting notices at the attendance center, in
24public places within the attendance boundaries of the
25attendance center and by distributing notices to the pupils at
26the attendance center, and shall utilize such other means as

 

 

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1it deems necessary to maximize the involvement of all eligible
2voters.
3    (f) Nomination. The Council shall publicize the opening of
4nominations by posting notices at the attendance center, in
5public places within the attendance boundaries of the
6attendance center and by distributing notices to the pupils at
7the attendance center, and shall utilize such other means as
8it deems necessary to maximize the involvement of all eligible
9voters. Not less than 2 weeks before the election date,
10persons eligible to run for the Council shall submit their
11name, date of birth, social security number, if available, and
12some evidence of eligibility to the Council. The Council shall
13encourage nomination of candidates reflecting the
14racial/ethnic population of the students at the attendance
15center. Each person nominated who runs as a candidate shall
16disclose, in a manner determined by the Board, any economic
17interest held by such person, by such person's spouse or
18children, or by each business entity in which such person has
19an ownership interest, in any contract with the Board, any
20local school council or any public school in the school
21district. Each person nominated who runs as a candidate shall
22also disclose, in a manner determined by the Board, if he or
23she ever has been convicted of any of the offenses specified in
24subsection (c) of Section 34-18.5; provided that neither this
25provision nor any other provision of this Section shall be
26deemed to require the disclosure of any information that is

 

 

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1contained in any law enforcement record or juvenile court
2record that is confidential or whose accessibility or
3disclosure is restricted or prohibited under Section 5-901 or
45-905 of the Juvenile Court Act of 1987. Failure to make such
5disclosure shall render a person ineligible for election or to
6serve on the local school council. The same disclosure shall
7be required of persons under consideration for appointment to
8the Council pursuant to subsections (l) and (m) of this
9Section.
10    (f-5) Notwithstanding disclosure, a person who has been
11convicted of any of the following offenses at any time shall be
12ineligible for election or appointment to a local school
13council and ineligible for appointment to a local school
14council pursuant to subsections (l) and (m) of this Section:
15(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1611-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1711-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1812-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
19Section 11-14.3, of the Criminal Code of 1961 or the Criminal
20Code of 2012, or (ii) any offense committed or attempted in any
21other state or against the laws of the United States, which, if
22committed or attempted in this State, would have been
23punishable as one or more of the foregoing offenses.
24Notwithstanding disclosure, a person who has been convicted of
25any of the following offenses within the 10 years previous to
26the date of nomination or appointment shall be ineligible for

 

 

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1election or appointment to a local school council: (i) those
2defined in Section 401.1, 405.1, or 405.2 of the Illinois
3Controlled Substances Act or (ii) any offense committed or
4attempted in any other state or against the laws of the United
5States, which, if committed or attempted in this State, would
6have been punishable as one or more of the foregoing offenses.
7    Immediately upon election or appointment, incoming local
8school council members shall be required to undergo a criminal
9background investigation, to be completed prior to the member
10taking office, in order to identify any criminal convictions
11under the offenses enumerated in Section 34-18.5. The
12investigation shall be conducted by the Department of State
13Police in the same manner as provided for in Section 34-18.5.
14However, notwithstanding Section 34-18.5, the social security
15number shall be provided only if available. If it is
16determined at any time that a local school council member or
17member-elect has been convicted of any of the offenses
18enumerated in this Section or failed to disclose a conviction
19of any of the offenses enumerated in Section 34-18.5, the
20general superintendent shall notify the local school council
21member or member-elect of such determination and the local
22school council member or member-elect shall be removed from
23the local school council by the Board, subject to a hearing,
24convened pursuant to Board rule, prior to removal.
25    (g) At least one week before the election date, the
26Council shall publicize, in the manner provided in subsection

 

 

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1(e), the names of persons nominated for election.
2    (h) Voting shall be in person by secret ballot at the
3attendance center between the hours of 6:00 a.m. and 7:00 p.m.
4    (i) Candidates receiving the highest number of votes shall
5be declared elected by the Council. In cases of a tie, the
6Council shall determine the winner by lot.
7    (j) The Council shall certify the results of the election
8and shall publish the results in the minutes of the Council.
9    (k) The general superintendent shall resolve any disputes
10concerning election procedure or results and shall ensure
11that, except as provided in subsections (e) and (g), no
12resources of any attendance center shall be used to endorse or
13promote any candidate.
14    (l) Beginning with the 1995-1996 school year and in every
15even numbered year thereafter, the Board shall appoint 2
16teacher members to each local school council. These
17appointments shall be made in the following manner:
18        (i) The Board shall appoint 2 teachers who are
19    employed and assigned to perform the majority of their
20    employment duties at the attendance center to serve on the
21    local school council of the attendance center for a
22    two-year term coinciding with the terms of the elected
23    parent and community members of that local school council.
24    These appointments shall be made from among those teachers
25    who are nominated in accordance with subsection (f).
26        (ii) A non-binding, advisory poll to ascertain the

 

 

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1    preferences of the school staff regarding appointments of
2    teachers to the local school council for that attendance
3    center shall be conducted in accordance with the
4    procedures used to elect parent and community Council
5    representatives. At such poll, each member of the school
6    staff shall be entitled to indicate his or her preference
7    for up to 2 candidates from among those who submitted
8    statements of candidacy as described above. These
9    preferences shall be advisory only and the Board shall
10    maintain absolute discretion to appoint teacher members to
11    local school councils, irrespective of the preferences
12    expressed in any such poll.
13        (iii) In the event that a teacher representative is
14    unable to perform his or her employment duties at the
15    school due to illness, disability, leave of absence,
16    disciplinary action, or any other reason, the Board shall
17    declare a temporary vacancy and appoint a replacement
18    teacher representative to serve on the local school
19    council until such time as the teacher member originally
20    appointed pursuant to this subsection (l) resumes service
21    at the attendance center or for the remainder of the term.
22    The replacement teacher representative shall be appointed
23    in the same manner and by the same procedures as teacher
24    representatives are appointed in subdivisions (i) and (ii)
25    of this subsection (l).
26    (m) Beginning with the 1995-1996 school year, and in every

 

 

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1year thereafter, the Board shall appoint one student member to
2each secondary attendance center and attendance center
3enrolling students in 7th or 8th grade, although no attendance
4center shall have more than one student member. These
5appointments shall be made in the following manner:
6        (i) Appointments shall be made from among those
7    students who submit statements of candidacy to the
8    principal of the attendance center, such statements to be
9    submitted commencing on the first day of the twentieth
10    week of school and continuing for 2 weeks thereafter. The
11    form and manner of such candidacy statements shall be
12    determined by the Board.
13        (ii) During the twenty-second week of school in every
14    year, the principal of each attendance center shall
15    conduct a non-binding, advisory poll to ascertain the
16    preferences of the school students regarding the
17    appointment of a student to the local school council for
18    that attendance center. At such poll, each student shall
19    be entitled to indicate his or her preference for up to one
20    candidate from among those who submitted statements of
21    candidacy as described above. The Board shall promulgate
22    rules to ensure that these non-binding, advisory polls are
23    conducted in a fair and equitable manner and maximize the
24    involvement of all school students. The preferences
25    expressed in these non-binding, advisory polls shall be
26    transmitted by the principal to the Board. However, these

 

 

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1    preferences shall be advisory only and the Board shall
2    maintain absolute discretion to appoint student members to
3    local school councils, irrespective of the preferences
4    expressed in any such poll.
5        (iii) For the 1995-96 school year only, appointments
6    shall be made from among those students who submitted
7    statements of candidacy to the principal of the attendance
8    center during the first 2 weeks of the school year. The
9    principal shall communicate the results of any nonbinding,
10    advisory poll to the Board. These results shall be
11    advisory only, and the Board shall maintain absolute
12    discretion to appoint student members to local school
13    councils, irrespective of the preferences expressed in any
14    such poll.
15    (n) The Board may promulgate such other rules and
16regulations for election procedures as may be deemed necessary
17to ensure fair elections.
18    (o) In the event that a vacancy occurs during a member's
19term, the Council shall appoint a person eligible to serve on
20the Council, to fill the unexpired term created by the
21vacancy, except that any teacher vacancy shall be filled by
22the Board after considering the preferences of the school
23staff as ascertained through a non-binding advisory poll of
24school staff.
25    (p) If less than the specified number of persons is
26elected within each candidate category, the newly elected

 

 

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1local school council shall appoint eligible persons to serve
2as members of the Council for two-year terms.
3    (q) The Board shall promulgate rules regarding conflicts
4of interest and disclosure of economic interests which shall
5apply to local school council members and which shall require
6reports or statements to be filed by Council members at
7regular intervals with the Secretary of the Board. Failure to
8comply with such rules or intentionally falsifying such
9reports shall be grounds for disqualification from local
10school council membership. A vacancy on the Council for
11disqualification may be so declared by the Secretary of the
12Board. Rules regarding conflicts of interest and disclosure of
13economic interests promulgated by the Board shall apply to
14local school council members. No less than 45 days prior to the
15deadline, the general superintendent shall provide notice, by
16mail, to each local school council member of all requirements
17and forms for compliance with economic interest statements.
18    (r) (1) If a parent member of a local school council ceases
19to have any child enrolled in the attendance center governed
20by the Local School Council due to the graduation or voluntary
21transfer of a child or children from the attendance center,
22the parent's membership on the Local School Council and all
23voting rights are terminated immediately as of the date of the
24child's graduation or voluntary transfer. If the child of a
25parent member of a local school council dies during the
26member's term in office, the member may continue to serve on

 

 

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1the local school council for the balance of his or her term.
2Further, a local school council member may be removed from the
3Council by a majority vote of the Council as provided in
4subsection (c) of Section 34-2.2 if the Council member has
5missed 3 consecutive regular meetings, not including committee
6meetings, or 5 regular meetings in a 12 month period, not
7including committee meetings. If a parent member of a local
8school council ceases to be eligible to serve on the Council
9for any other reason, he or she shall be removed by the Board
10subject to a hearing, convened pursuant to Board rule, prior
11to removal. A vote to remove a Council member by the local
12school council shall only be valid if the Council member has
13been notified personally or by certified mail, mailed to the
14person's last known address, of the Council's intent to vote
15on the Council member's removal at least 7 days prior to the
16vote. The Council member in question shall have the right to
17explain his or her actions and shall be eligible to vote on the
18question of his or her removal from the Council. The
19provisions of this subsection shall be contained within the
20petitions used to nominate Council candidates.
21    (2) A person may continue to serve as a community resident
22member of a local school council as long as he or she resides
23in the attendance area served by the school and is not employed
24by the Board nor is a parent of a student enrolled at the
25school. If a community resident member ceases to be eligible
26to serve on the Council, he or she shall be removed by the

 

 

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1Board subject to a hearing, convened pursuant to Board rule,
2prior to removal.
3    (3) A person may continue to serve as a teacher member of a
4local school council as long as he or she is employed and
5assigned to perform a majority of his or her duties at the
6school, provided that if the teacher representative resigns
7from employment with the Board or voluntarily transfers to
8another school, the teacher's membership on the local school
9council and all voting rights are terminated immediately as of
10the date of the teacher's resignation or upon the date of the
11teacher's voluntary transfer to another school. If a teacher
12member of a local school council ceases to be eligible to serve
13on a local school council for any other reason, that member
14shall be removed by the Board subject to a hearing, convened
15pursuant to Board rule, prior to removal.
16    (s) As used in this Section only, "community resident"
17means a person, 17 years of age or older, residing within an
18attendance area served by a school, excluding any person who
19is a parent of a student enrolled in that school; provided that
20with respect to any multi-area school, community resident
21means any person, 17 years of age or older, residing within the
22voting district established for that school pursuant to
23Section 34-2.1c, excluding any person who is a parent of a
24student enrolled in that school. This definition does not
25apply to any provisions concerning school boards.
26(Source: P.A. 101-643, eff. 6-18-20.)
 

 

 

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1    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
2    Sec. 34-2.2. Local school councils - Manner of operation.
3    (a) The annual organizational meeting of each local school
4council shall be held at the attendance center or via
5videoconference or teleconference if guidance from the
6Department of Public Health or Centers for Disease Control and
7Prevention limits the size of in-person meetings at the time
8of the meeting. At the annual organization meeting, which
9shall be held no sooner than July 1 and no later than July 14,
10a parent member of the local school council shall be selected
11by the members of such council as its chairperson, and a
12secretary shall be selected by the members of such council
13from among their number, each to serve a term of one year.
14However, an organizational meeting held by members elected to
15a local school council under subsection (c-5) of Section
1634-2.1 may be held no sooner than January 11, 2021 and no later
17than January 31, 2021. Whenever a vacancy in the office of
18chairperson or secretary of a local school council shall
19occur, a new chairperson (who shall be a parent member) or
20secretary, as the case may be, shall be elected by the members
21of the local school council from among their number to serve as
22such chairperson or secretary for the unexpired term of office
23in which the vacancy occurs. At each annual organizational
24meeting, the time and place of any regular meetings of the
25local school council shall be fixed. Special meetings of the

 

 

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1local school council may be called by the chairperson or by any
24 members by giving notice thereof in writing, specifying the
3time, place and purpose of the meeting. Public notice of
4meetings shall also be given in accordance with the Open
5Meetings Act.
6    (b) Members and officers of the local school council shall
7serve without compensation and without reimbursement of any
8expenses incurred in the performance of their duties, except
9that the board of education may by rule establish a procedure
10and thereunder provide for reimbursement of members and
11officers of local school councils for such of their reasonable
12and necessary expenses (excluding any lodging or meal
13expenses) incurred in the performance of their duties as the
14board may deem appropriate.
15    (c) A majority of the full membership of the local school
16council shall constitute a quorum, and whenever a vote is
17taken on any measure before the local school council, a quorum
18being present, the affirmative vote of a majority of the votes
19of the full membership then serving of the local school
20council shall determine the outcome thereof; provided that
21whenever the measure before the local school council is (i)
22the evaluation of the principal, or (ii) the renewal of his or
23her performance contract or the inclusion of any provision or
24modification of the contract, or (iii) the direct selection by
25the local school council of a new principal (including a new
26principal to fill a vacancy) to serve under a 4 year

 

 

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1performance contract, or (iv) the determination of the names
2of candidates to be submitted to the general superintendent
3for the position of principal, the principal and student
4member of a high school council shall not be counted for
5purposes of determining whether a quorum is present to act on
6the measure and shall have no vote thereon; and provided
7further that 7 affirmative votes of the local school council
8shall be required for the direct selection by the local school
9council of a new principal to serve under a 4 year performance
10contract but not for the renewal of a principal's performance
11contract. A supermajority of 8 votes is required to veto any
12action proposed or approved pursuant to subsection (d) of
13Section 34-8.3 of this Code or any action proposed or approved
14under Section 34-8.4 of this Code.
15    (d) Student members of high school councils shall not be
16eligible to vote on personnel matters, including but not
17limited to principal evaluations and contracts and the
18allocation of teaching and staff resources.
19    (e) The local school council of an attendance center which
20provides bilingual education shall be encouraged to provide
21translators at each council meeting to maximize participation
22of parents and the community.
23    (f) Each local school council of an attendance center
24which provides bilingual education shall create a Bilingual
25Advisory Committee or recognize an existing Bilingual Advisory
26Committee as a standing committee. The Chair and a majority of

 

 

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1the members of the advisory committee shall be parents of
2students in the bilingual education program. The parents on
3the advisory committee shall be selected by parents of
4students in the bilingual education program, and the committee
5shall select a Chair. The advisory committee for each
6secondary attendance center shall include at least one
7full-time bilingual education student. The Bilingual Advisory
8Committee shall serve only in an advisory capacity to the
9local school council.
10    (g) Local school councils may utilize the services of an
11arbitration board to resolve intra-council disputes.
12(Source: P.A. 101-643, eff. 6-18-20.)
 
13    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
14    Sec. 34-2.4b. Limitation upon applicability. The
15provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4
16and 34-8.3, and those provisions of paragraph 1 of Section
1734-18 and paragraph (c) of Section 34A-201a relating to the
18allocation or application -- by formula or otherwise -- of
19lump sum amounts and other funds to attendance centers, shall
20not apply to attendance centers that have applied for and been
21designated as a "Small School" by the Board, the Cook County
22Juvenile Detention Center and Cook County Jail schools, nor to
23the district's alternative schools for pregnant girls, nor to
24alternative schools established under Article 13A, nor to a
25contract school, nor to the Michael R. Durso School, the

 

 

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1Jackson Adult Center, the Hillard Adult Center, the
2Alternative Transitional School, or any other attendance
3center designated by the Board as an alternative school,
4provided that the designation is not applied to an attendance
5center that has in place a legally constituted local school
6council, except for contract turnaround schools. The board of
7education shall have and exercise with respect to those
8schools and with respect to the conduct, operation, affairs
9and budgets of those schools, and with respect to the
10principals, teachers and other school staff there employed,
11the same powers which are exercisable by local school councils
12with respect to the other attendance centers, principals,
13teachers and school staff within the district, together with
14all powers and duties generally exercisable by the board of
15education with respect to all attendance centers within the
16district. The board of education shall develop appropriate
17alternative methods for involving parents, community members
18and school staff to the maximum extent possible in all of the
19activities of those schools, and may delegate to the parents,
20community members and school staff so involved the same powers
21which are exercisable by local school councils with respect to
22other attendance centers.
23(Source: P.A. 96-105, eff. 7-30-09.)
 
24    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
25    Sec. 34-8.3. Remediation and probation of attendance

 

 

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1centers.
2    (a) The general superintendent shall monitor the
3performance of the attendance centers within the district and
4shall identify attendance centers, pursuant to criteria that
5the board shall establish, in which:
6        (1) there is a failure to develop, implement, or
7    comply with a school improvement plan;
8        (2) there is a pervasive breakdown in the educational
9    program as indicated by factors, including, but not
10    limited to, the absence of improvement in student reading
11    and math achievement scores, an increased drop-out rate, a
12    decreased graduation rate, and a decrease in rate of
13    student attendance;
14        (3) (blank); or
15        (4) there is a failure or refusal to comply with the
16    provisions of this Act, other applicable laws, collective
17    bargaining agreements, court orders, or with Board rules
18    which the Board is authorized to promulgate.
19    (b) If the general superintendent identifies a
20nonperforming school as described herein, he or she shall
21place the attendance center on remediation by developing a
22remediation plan for the center. The purpose of the
23remediation plan shall be to correct the deficiencies in the
24performance of the attendance center by one or more of the
25following methods:
26        (1) drafting a new school improvement plan;

 

 

SB2042- 22 -LRB102 16607 CMG 22005 b

1        (2) applying to the board for additional funding for
2    training for the local school council;
3        (3) directing implementation of a school improvement
4    plan;
5        (4) mediating disputes or other obstacles to reform or
6    improvement at the attendance center.
7    Nothing in this Section removes any authority of the local
8school council, which shall retain the right to reject or
9modify any school improvement plan or implementation thereof.
10    If, however, the general superintendent determines that
11the problems are not able to be remediated by these methods,
12the general superintendent shall place the attendance center
13on probation. The board shall establish guidelines that
14determine the factors for placing an attendance center on
15probation.
16    (c) Each school placed on probation shall have a school
17improvement plan and school budget for correcting deficiencies
18identified by the board. The plan shall include specific steps
19that the local school council and school staff must take to
20correct identified deficiencies and specific objective
21criteria by which the school's subsequent progress will be
22determined. The school budget shall include specific
23expenditures directly calculated to correct educational and
24operational deficiencies identified at the school by the
25probation team.
26    (d) Schools placed on probation that, after a maximum of

 

 

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1one year, fail to make adequate progress in correcting
2deficiencies are subject to the following actions by the
3general superintendent with the approval of the board, after
4opportunity for a hearing:
5        (1) Ordering new local school council elections.
6        (2) Removing and replacing the principal.
7        (3) Replacement of faculty members, subject to the
8    provisions of Section 24A-5.
9        (4) Reconstitution of the attendance center and
10    replacement and reassignment by the general superintendent
11    of all employees of the attendance center.
12        (5) Intervention under Section 34-8.4.
13        (5.5) Operating an attendance center as a contract
14    turnaround school.
15        (6) Closing of the school.
16    Any action proposed or approved under this subsection (d)
17is subject to veto by a supermajority of 8 of the voting
18members of the local school council.
19    (e) Schools placed on probation shall remain on probation
20from year to year until deficiencies are corrected, even if
21such schools make acceptable annual progress. The board shall
22establish, in writing, criteria for determining whether or not
23a school shall remain on probation. If academic achievement
24tests are used as the factor for placing a school on probation,
25the general superintendent shall consider objective criteria,
26not just an increase in test scores, in deciding whether or not

 

 

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1a school shall remain on probation. These criteria shall
2include attendance, test scores, student mobility rates,
3poverty rates, bilingual education eligibility, special
4education, and English language proficiency programs, with
5progress made in these areas being taken into consideration in
6deciding whether or not a school shall remain on probation.
7Such criteria shall be delivered to each local school council
8on or before August 1 of each year.
9    (f) Where the board has reason to believe that violations
10of civil rights, or of civil or criminal law have occurred, or
11when the general superintendent deems that the school is in
12educational crisis it may take immediate corrective action,
13including the actions specified in this Section, without first
14placing the school on remediation or probation. Nothing
15described herein shall limit the authority of the board as
16provided by any law of this State. The board shall develop
17criteria governing the determination regarding when a school
18is in educational crisis. Such criteria shall be delivered to
19each local school council on or before August 1 of each year.
20An action under subsection (d) of this Section shall be
21subject to veto by a supermajority of 8 of the voting members
22of the local school council.
23    (g) All persons serving as subdistrict superintendent on
24May 1, 1995 shall be deemed by operation of law to be serving
25under a performance contract which expires on June 30, 1995,
26and the employment of each such person as subdistrict

 

 

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1superintendent shall terminate on June 30, 1995. The board
2shall have no obligation to compensate any such person as a
3subdistrict superintendent after June 30, 1995.
4    (h) The general superintendent shall, in consultation with
5local school councils, conduct an annual evaluation of each
6principal in the district pursuant to guidelines promulgated
7by the Board of Education.
8(Source: P.A. 96-105, eff. 7-30-09.)
 
9    (105 ILCS 5/34-8.4)
10    Sec. 34-8.4. Intervention. The Chicago Schools Academic
11Accountability Council may recommend to the Chicago School
12Reform Board of Trustees that any school placed on remediation
13or probation under Section 34-8.3 or schools that for the 3
14consecutive school years of 1992-1993, 1993-1994, and
151994-1995 have met the State Board of Education's category of
16"does not meet expectations" be made subject to intervention
17under this Section 34-8.4. In addition to any powers created
18under this Section, the Trustees shall have all powers created
19under Section 34-8.3 with respect to schools subjected to
20intervention.
21    Prior to subjecting a school to intervention, the Trustees
22shall conduct a public hearing and make findings of facts
23concerning the recommendation of the Chicago Schools Academic
24Accountability Council and the factors causing the failure of
25the school to adequately perform. The Trustees shall afford an

 

 

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1opportunity at the hearing for interested persons to comment
2about the intervention recommendation. After the hearing has
3been held and completion of findings of fact, the Trustees
4shall make a determination whether to subject the school to
5intervention.
6    If the Trustees determine that a school shall be subject
7to intervention under this Section, the Trustees shall develop
8an intervention implementation plan and shall cause a
9performance evaluation to be made of each employee at the
10school. Upon consideration of such evaluations, and consistent
11with the intervention implementation plan, the Trustees may
12reassign, layoff, or dismiss any employees at the attendance
13center, notwithstanding the provisions of Sections 24A-5 and
1434-85.
15    The chief educational officer shall appoint a principal
16for the school and shall set the terms and conditions of the
17principal's contract, which in no case may be longer than 2
18years. The principal shall select all teachers and
19non-certified personnel for the school as may be necessary.
20Any provision of Section 34-8.1 that conflicts with this
21Section shall not apply to a school subjected to intervention
22under this Section.
23    If pursuant to this Section, the general superintendent,
24with the approval of the board, orders new local school
25council elections, the general superintendent shall carry out
26the responsibilities of the local school council for a school

 

 

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1subject to intervention until the new local school council
2members are elected and trained.
3    Any action authorized by this Section must be vetoed by a
4supermajority vote of 8 of the voting members of the local
5school council for the attendance center affected by the
6action.
7    Each school year, 5% of the supplemental general State aid
8funds distributed to a school subject to intervention during
9that school year under subsection 5(i)(1)(a) of part A of
10Section 18-8 or subsection (H) of Section 18-8.05 shall be
11used for employee performance incentives. The Trustees shall
12prepare a report evaluating the results of any interventions
13undertaken pursuant to this Section and shall make
14recommendations concerning implementation of special programs
15for dealing with underperforming schools on an ongoing basis.
16This report shall be submitted to the State Superintendent of
17Education and Mayor of the City of Chicago by January 1, 1999.
18(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
1990-548, eff. 1-1-98.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.