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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||||||
5 | 34-2.1, 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)
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7 | Sec. 34-2.1. Local School Councils - Composition - | ||||||||||||||||||||||||||||||||
8 | Voter-Eligibility
- Elections - Terms. | ||||||||||||||||||||||||||||||||
9 | (a) (a) Notwithstanding any other provision of law, a A | ||||||||||||||||||||||||||||||||
10 | local school council shall be established for each attendance
| ||||||||||||||||||||||||||||||||
11 | center within the school district , except for private schools, | ||||||||||||||||||||||||||||||||
12 | but including public small schools, contract schools, and | ||||||||||||||||||||||||||||||||
13 | military schools within the district . Each local school | ||||||||||||||||||||||||||||||||
14 | council shall
consist of the following 12 voting members: the | ||||||||||||||||||||||||||||||||
15 | principal of the
attendance center, 2 teachers employed and | ||||||||||||||||||||||||||||||||
16 | assigned to perform the
majority of their employment duties at | ||||||||||||||||||||||||||||||||
17 | the attendance center, 6 parents of
students currently | ||||||||||||||||||||||||||||||||
18 | enrolled at the attendance center, one employee of the school | ||||||||||||||||||||||||||||||||
19 | district employed and assigned to perform the majority of his | ||||||||||||||||||||||||||||||||
20 | or her employment duties at the attendance center who is not a | ||||||||||||||||||||||||||||||||
21 | teacher, and 2 community
residents. Neither the parents nor | ||||||||||||||||||||||||||||||||
22 | the community residents who serve as
members of the local | ||||||||||||||||||||||||||||||||
23 | school council shall be employees of the Board of
Education. |
| |||||||
| |||||||
1 | In each secondary attendance center, the local school council
| ||||||
2 | shall consist of 13 voting members -- the 12 voting members | ||||||
3 | described above
and one full-time student member, appointed as | ||||||
4 | provided in subsection
(m) below. In each attendance center | ||||||
5 | enrolling students in 7th or 8th grade, one full-time student | ||||||
6 | member shall be appointed as provided in subsection (m) of | ||||||
7 | this Section.
In the event that the chief executive officer of | ||||||
8 | the Chicago School Reform
Board of Trustees determines that a | ||||||
9 | local school council is not carrying out
its financial duties | ||||||
10 | effectively, the chief executive officer is authorized to
| ||||||
11 | appoint a representative of the business community with | ||||||
12 | experience in finance
and management
to serve as an advisor to | ||||||
13 | the local school council for
the purpose of providing advice | ||||||
14 | and assistance to the local school council on
fiscal matters.
| ||||||
15 | The advisor shall have access to relevant financial records of | ||||||
16 | the
local school council. The advisor may attend executive | ||||||
17 | sessions.
The chief executive officer shall
issue a written | ||||||
18 | policy defining the circumstances under which a local school
| ||||||
19 | council is not carrying out its financial duties effectively.
| ||||||
20 | (b) Within 7 days of January 11, 1991, the Mayor shall | ||||||
21 | appoint the
members and officers (a Chairperson who shall be a | ||||||
22 | parent member and a
Secretary) of each local school council | ||||||
23 | who shall hold their offices until
their successors shall be | ||||||
24 | elected and qualified. Members so appointed shall
have all the | ||||||
25 | powers and duties of local school councils as set forth in
this | ||||||
26 | amendatory Act of 1991. The Mayor's appointments shall not |
| |||||||
| |||||||
1 | require
approval by the City Council.
| ||||||
2 | The membership of each local school council shall be | ||||||
3 | encouraged to be
reflective of the racial and ethnic | ||||||
4 | composition of the student population
of the attendance center | ||||||
5 | served by the local school council.
| ||||||
6 | (c) Beginning with the 1995-1996 school year and in every | ||||||
7 | even-numbered
year thereafter, the Board shall set second | ||||||
8 | semester Parent Report Card
Pick-up Day for Local School | ||||||
9 | Council elections and may schedule elections at
year-round | ||||||
10 | schools for the same dates as the remainder of the school | ||||||
11 | system.
Elections shall be
conducted as provided herein by the | ||||||
12 | Board of Education in consultation with
the local school | ||||||
13 | council at each attendance center. | ||||||
14 | (c-5) Notwithstanding subsection (c), for the local school | ||||||
15 | council election set for the 2019-2020 school year, the Board | ||||||
16 | may hold the election on the first semester Parent Report Card | ||||||
17 | Pick-up Day of the 2020-2021 school year, making any necessary | ||||||
18 | modifications to the election process or date to comply with | ||||||
19 | guidance from the Department of Public Health and the federal | ||||||
20 | Centers for Disease Control and Prevention. The terms of | ||||||
21 | office of all local school council members eligible to serve | ||||||
22 | and seated on or after March 23, 2020 through January 10, 2021 | ||||||
23 | are extended through January 10, 2021, provided that the | ||||||
24 | members continue to meet eligibility requirements for local | ||||||
25 | school council membership.
| ||||||
26 | (d) Beginning with the 1995-96 school year, the following
|
| |||||||
| |||||||
1 | procedures shall apply to the election of local school council | ||||||
2 | members 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 |
| |||||||
| |||||||
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 | ||||||
23 | election by
posting notices at the attendance center, in | ||||||
24 | public places within the
attendance boundaries of the | ||||||
25 | attendance center and by distributing notices
to the pupils at | ||||||
26 | the attendance center, and shall utilize such other means
as |
| |||||||
| |||||||
1 | it deems necessary to maximize the involvement of all eligible | ||||||
2 | voters.
| ||||||
3 | (f) Nomination. The Council shall publicize the opening of | ||||||
4 | nominations
by posting notices at the attendance center, in | ||||||
5 | public places within the
attendance boundaries of the | ||||||
6 | attendance center and by distributing notices
to the pupils at | ||||||
7 | the attendance center, and shall utilize such other means
as | ||||||
8 | it deems necessary to maximize the involvement of all eligible | ||||||
9 | voters.
Not less than 2 weeks before the election date, | ||||||
10 | persons eligible to run for
the Council shall submit their | ||||||
11 | name,
date of birth, social
security number, if
available,
and | ||||||
12 | some evidence of eligibility
to the Council. The Council shall | ||||||
13 | encourage nomination of candidates
reflecting the | ||||||
14 | racial/ethnic population of the students at the attendance
| ||||||
15 | center. Each person nominated who runs as a candidate shall | ||||||
16 | disclose, in a
manner determined by the Board, any economic | ||||||
17 | interest held by such person,
by such person's spouse or | ||||||
18 | children, or by each business entity in which
such person has | ||||||
19 | an ownership interest, in any contract with the Board, any
| ||||||
20 | local school council or any public school in the school
| ||||||
21 | district.
Each person
nominated who runs as a candidate shall | ||||||
22 | also disclose, in a manner determined
by the Board, if he or | ||||||
23 | she ever has been convicted of any of the offenses
specified in | ||||||
24 | subsection (c) of Section 34-18.5; provided that neither this
| ||||||
25 | provision nor any other provision of this Section shall be | ||||||
26 | deemed to require
the disclosure of any information that is |
| |||||||
| |||||||
1 | contained in any law enforcement
record or juvenile court | ||||||
2 | record that is confidential or whose accessibility or
| ||||||
3 | disclosure is restricted or prohibited under Section 5-901 or
| ||||||
4 | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||||||
5 | disclosure shall render a person ineligible
for election or to | ||||||
6 | serve on the local school council. The same
disclosure shall | ||||||
7 | be
required of persons under consideration for appointment to | ||||||
8 | the Council
pursuant to subsections (l) and (m) of this | ||||||
9 | Section.
| ||||||
10 | (f-5) Notwithstanding disclosure, a person who has been | ||||||
11 | convicted of any
of
the
following offenses at any time shall be | ||||||
12 | ineligible for election or appointment
to a local
school | ||||||
13 | council and ineligible for appointment to a local school | ||||||
14 | council
pursuant to
subsections (l) and (m) of this Section: | ||||||
15 | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
16 | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | ||||||
17 | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||||||
18 | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | ||||||
19 | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012, or (ii) any offense committed or attempted in any | ||||||
21 | other
state or
against the laws of the United States, which, if | ||||||
22 | committed or attempted in this
State,
would have been | ||||||
23 | punishable as one or more of the foregoing offenses.
| ||||||
24 | Notwithstanding
disclosure, a person who has been convicted of | ||||||
25 | any of the following offenses
within the
10 years previous to | ||||||
26 | the date of nomination or appointment shall be ineligible
for |
| |||||||
| |||||||
1 | election or
appointment to a local school council:
(i) those | ||||||
2 | defined in Section 401.1, 405.1, or 405.2 of the Illinois | ||||||
3 | Controlled
Substances Act or (ii) any
offense committed
or | ||||||
4 | attempted in any other state or against the laws of the United | ||||||
5 | States,
which, if
committed or attempted in this State, would | ||||||
6 | have been punishable as one or more
of the
foregoing offenses.
| ||||||
7 | Immediately upon election or appointment, incoming local | ||||||
8 | school
council members
shall be
required to undergo a criminal | ||||||
9 | background investigation, to be completed prior
to the member | ||||||
10 | taking office,
in order to identify
any criminal convictions | ||||||
11 | under the offenses enumerated in Section 34-18.5.
The | ||||||
12 | investigation shall be conducted by the Department of State | ||||||
13 | Police in the
same manner as provided for in Section 34-18.5. | ||||||
14 | However, notwithstanding
Section 34-18.5, the social security | ||||||
15 | number shall be provided only if
available.
If it is | ||||||
16 | determined at any time that a local school council member or
| ||||||
17 | member-elect has been convicted
of any of the offenses | ||||||
18 | enumerated in this Section or failed to disclose a
conviction | ||||||
19 | of any of the offenses enumerated in Section 34-18.5, the | ||||||
20 | general
superintendent shall notify the local school council | ||||||
21 | member or member-elect of
such
determination and the local | ||||||
22 | school council member or member-elect shall be
removed from | ||||||
23 | the
local school council by the Board, subject to a hearing,
| ||||||
24 | convened pursuant to Board rule, prior to removal.
| ||||||
25 | (g) At least one week before the election date, the | ||||||
26 | Council shall
publicize, in the manner provided in subsection |
| |||||||
| |||||||
1 | (e), the names of persons
nominated for election.
| ||||||
2 | (h) Voting shall be in person by secret ballot at the | ||||||
3 | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||||||
4 | (i) Candidates receiving the highest number of votes shall | ||||||
5 | be declared
elected by the Council. In cases of a tie, the | ||||||
6 | Council shall determine the
winner by lot.
| ||||||
7 | (j) The Council shall certify the results of the election | ||||||
8 | and shall
publish the results in the minutes of the Council.
| ||||||
9 | (k) The general superintendent shall resolve any
disputes
| ||||||
10 | concerning election procedure or results and shall ensure | ||||||
11 | that, except as
provided in subsections (e) and (g), no | ||||||
12 | resources of any attendance center
shall be used to endorse or | ||||||
13 | promote any candidate.
| ||||||
14 | (l) Beginning with the 1995-1996 school year
and in every
| ||||||
15 | even numbered
year thereafter, the Board shall appoint 2 | ||||||
16 | teacher
members to each
local school council. These | ||||||
17 | appointments 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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
1 | year thereafter, the Board shall appoint one student member to | ||||||
2 | each
secondary attendance center and attendance center | ||||||
3 | enrolling students in 7th or 8th grade, although no attendance | ||||||
4 | center shall have more than one student member . These | ||||||
5 | appointments 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 |
| |||||||
| |||||||
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 | ||||||
16 | regulations for
election procedures as may be deemed necessary | ||||||
17 | to ensure fair elections.
| ||||||
18 | (o) In the event that a vacancy occurs during a member's | ||||||
19 | term, the
Council shall appoint a person eligible to serve on | ||||||
20 | the Council, to fill
the unexpired term created by the | ||||||
21 | vacancy, except that any teacher vacancy
shall be filled by | ||||||
22 | the Board after considering the preferences of the school
| ||||||
23 | staff as ascertained through a non-binding advisory poll of | ||||||
24 | school staff.
| ||||||
25 | (p) If less than the specified number of persons is | ||||||
26 | elected within each
candidate category, the newly elected |
| |||||||
| |||||||
1 | local school council shall appoint
eligible persons to serve | ||||||
2 | as members of the Council for two-year terms.
| ||||||
3 | (q) The Board shall promulgate rules regarding conflicts | ||||||
4 | of interest
and disclosure of economic interests which shall | ||||||
5 | apply to local school
council members and which shall require | ||||||
6 | reports or statements to be filed
by Council members at | ||||||
7 | regular intervals with the Secretary of the
Board. Failure to | ||||||
8 | comply with such rules
or intentionally falsifying such | ||||||
9 | reports shall be grounds for
disqualification from local | ||||||
10 | school council membership. A vacancy on the
Council for | ||||||
11 | disqualification may be so declared by the Secretary of the
| ||||||
12 | Board. Rules regarding conflicts of interest and disclosure of
| ||||||
13 | economic interests promulgated by the Board shall apply to | ||||||
14 | local school council
members. No less than 45 days prior to the | ||||||
15 | deadline, the general
superintendent shall provide notice, by | ||||||
16 | mail, to each local school council
member of all requirements | ||||||
17 | and forms for compliance with economic interest
statements.
| ||||||
18 | (r) (1) If a parent member of a local school council ceases | ||||||
19 | to have any
child
enrolled in the attendance center governed | ||||||
20 | by the Local School Council due to
the graduation or voluntary | ||||||
21 | transfer of a child or children from the attendance
center, | ||||||
22 | the parent's membership on the Local School Council and all | ||||||
23 | voting
rights are terminated immediately as of the date of the | ||||||
24 | child's graduation or
voluntary transfer. If the child of a | ||||||
25 | parent member of a local school council dies during the | ||||||
26 | member's term in office, the member may continue to serve on |
| |||||||
| |||||||
1 | the local school council for the balance of his or her term. | ||||||
2 | Further,
a local school council member may be removed from the | ||||||
3 | Council by a
majority vote of the Council as provided in | ||||||
4 | subsection (c) of Section
34-2.2 if the Council member has | ||||||
5 | missed 3 consecutive regular meetings, not
including committee | ||||||
6 | meetings, or 5 regular meetings in a 12 month period,
not | ||||||
7 | including committee meetings.
If a parent member of a local | ||||||
8 | school council ceases to be eligible to serve
on the Council | ||||||
9 | for any other reason, he or she shall be removed by the Board
| ||||||
10 | subject
to a hearing, convened pursuant to Board rule, prior | ||||||
11 | to removal.
A vote to remove a Council member by the local | ||||||
12 | school council shall
only be valid if the Council member has | ||||||
13 | been notified personally or by
certified mail, mailed to the | ||||||
14 | person's last known address, of the Council's
intent to vote | ||||||
15 | on the Council member's removal at least 7 days prior to the
| ||||||
16 | vote. The Council member in question shall have the right to | ||||||
17 | explain
his or her actions and shall be eligible to vote on the
| ||||||
18 | question of his or her removal from the Council. The | ||||||
19 | provisions of this
subsection shall be contained within the | ||||||
20 | petitions used to nominate Council
candidates.
| ||||||
21 | (2) A person may continue to serve as a community resident | ||||||
22 | member of a
local
school council as long as he or she resides | ||||||
23 | in the attendance area served by
the
school and is not employed | ||||||
24 | by the Board nor is a parent of a student enrolled
at the | ||||||
25 | school. If a community resident member ceases to be eligible | ||||||
26 | to serve
on the Council, he or she shall be removed by the |
| |||||||
| |||||||
1 | Board subject to a hearing,
convened pursuant to Board rule, | ||||||
2 | prior to removal.
| ||||||
3 | (3) A person may continue to serve as a teacher member of a | ||||||
4 | local school
council as long as he or she is employed and | ||||||
5 | assigned to perform a majority of
his or her duties at the | ||||||
6 | school, provided that if the teacher representative
resigns | ||||||
7 | from employment with the Board or
voluntarily transfers to | ||||||
8 | another school, the teacher's membership on the local
school | ||||||
9 | council and all voting rights are terminated immediately as of | ||||||
10 | the date
of the teacher's resignation or upon the date of the | ||||||
11 | teacher's voluntary
transfer to another school. If a teacher | ||||||
12 | member of a local school council
ceases to be eligible to serve | ||||||
13 | on a local school council for any other reason,
that member | ||||||
14 | shall be removed by the Board subject to a hearing, convened
| ||||||
15 | pursuant to Board rule, prior to removal. | ||||||
16 | (s) As used in this Section only, "community resident" | ||||||
17 | means a person, 17 years of age or older, residing within an | ||||||
18 | attendance area served by a school, excluding any person who | ||||||
19 | is a parent of a student enrolled in that school; provided that | ||||||
20 | with respect to any multi-area school, community resident | ||||||
21 | means any person, 17 years of age or older, residing within the | ||||||
22 | voting district established for that school pursuant to | ||||||
23 | Section 34-2.1c, excluding any person who is a parent of a | ||||||
24 | student enrolled in that school. This definition does not | ||||||
25 | apply to any provisions concerning school boards.
| ||||||
26 | (Source: P.A. 101-643, eff. 6-18-20.)
|
| |||||||
| |||||||
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 | ||||||
4 | council
shall be held at the attendance center or via | ||||||
5 | videoconference or teleconference if guidance from the | ||||||
6 | Department of Public Health or Centers for Disease Control and | ||||||
7 | Prevention limits the size of in-person meetings at the time | ||||||
8 | of the meeting. At the annual organization meeting,
which | ||||||
9 | shall be held no sooner than July 1 and no later than July 14, | ||||||
10 | a parent
member of the local school council shall be selected | ||||||
11 | by the members of such
council as its chairperson, and a | ||||||
12 | secretary shall be selected by the members of
such council | ||||||
13 | from among their number, each to serve a term of one year.
| ||||||
14 | However, an organizational meeting held by members elected to | ||||||
15 | a local school council under subsection (c-5) of Section | ||||||
16 | 34-2.1 may be held no sooner than January 11, 2021 and no later | ||||||
17 | than January 31, 2021. Whenever a vacancy in the office of | ||||||
18 | chairperson or secretary of a local school
council shall | ||||||
19 | occur, a new chairperson (who shall be a parent member) or
| ||||||
20 | secretary, as the case may be, shall be elected by the members | ||||||
21 | of the local
school council from among their number to serve as | ||||||
22 | such
chairperson or secretary for the unexpired term of office | ||||||
23 | in which the
vacancy occurs. At each annual organizational | ||||||
24 | meeting, the time and
place of any regular meetings of the | ||||||
25 | local school council shall be fixed.
Special meetings of the |
| |||||||
| |||||||
1 | local school council may be called by the
chairperson or by any | ||||||
2 | 4 members by giving notice thereof in writing,
specifying the | ||||||
3 | time, place and purpose of the meeting. Public notice of
| ||||||
4 | meetings shall also be given in accordance with the Open | ||||||
5 | Meetings Act.
| ||||||
6 | (b) Members and officers of the local school council shall | ||||||
7 | serve
without compensation and without reimbursement of any | ||||||
8 | expenses incurred in
the performance of their duties, except | ||||||
9 | that the board of education may by
rule establish a procedure | ||||||
10 | and thereunder provide for reimbursement of
members and | ||||||
11 | officers of local school councils for such of their reasonable
| ||||||
12 | and necessary expenses (excluding any lodging or meal | ||||||
13 | expenses) incurred in
the performance of their duties as the | ||||||
14 | board may deem appropriate.
| ||||||
15 | (c) A majority of the full membership of the local school | ||||||
16 | council
shall constitute a quorum, and whenever a vote is | ||||||
17 | taken on any measure
before the local school council, a quorum | ||||||
18 | being present, the affirmative
vote of a majority of the votes | ||||||
19 | of the full membership then serving of the
local school | ||||||
20 | council shall determine the outcome thereof; provided that
| ||||||
21 | whenever the measure before the local school council is (i) | ||||||
22 | the evaluation
of the principal, or (ii) the renewal of his or | ||||||
23 | her performance contract or
the inclusion of any provision or | ||||||
24 | modification of the contract, or (iii)
the direct selection by | ||||||
25 | the local school council of a new principal
(including
a new | ||||||
26 | principal to fill a vacancy) to serve under a 4 year |
| |||||||
| |||||||
1 | performance
contract, or (iv) the determination of the names | ||||||
2 | of candidates to be submitted
to the general superintendent | ||||||
3 | for the position of
principal, the
principal and
student | ||||||
4 | member of a high school council shall not be counted for | ||||||
5 | purposes of
determining whether a quorum is present to act on | ||||||
6 | the measure and shall have no
vote thereon; and provided | ||||||
7 | further that 7 affirmative votes of the local school
council | ||||||
8 | shall be required for the direct selection by the local school
| ||||||
9 | council
of a new principal
to serve under a 4 year performance | ||||||
10 | contract but not for the renewal of a
principal's performance | ||||||
11 | contract. A supermajority of 8 votes is required to veto any | ||||||
12 | action proposed or approved pursuant to subsection (d) of | ||||||
13 | Section 34-8.3 of this Code or any action proposed or approved | ||||||
14 | under Section 34-8.4 of this Code.
| ||||||
15 | (d) Student members of high school councils shall not be | ||||||
16 | eligible
to vote on personnel matters, including but not | ||||||
17 | limited to principal
evaluations and contracts and the | ||||||
18 | allocation of teaching and staff resources.
| ||||||
19 | (e) The local school council of an attendance center which | ||||||
20 | provides
bilingual education shall be encouraged to provide | ||||||
21 | translators at each
council meeting to maximize participation | ||||||
22 | of parents and the community.
| ||||||
23 | (f) Each local school council of an attendance center | ||||||
24 | which provides
bilingual education shall create a Bilingual | ||||||
25 | Advisory Committee or
recognize an existing Bilingual Advisory | ||||||
26 | Committee as a standing committee.
The Chair and a majority of |
| |||||||
| |||||||
1 | the members of the advisory committee shall be
parents of | ||||||
2 | students in the bilingual education program. The parents on | ||||||
3 | the
advisory committee shall be selected by parents of | ||||||
4 | students in the
bilingual education program, and the committee | ||||||
5 | shall select a Chair. The
advisory committee for each | ||||||
6 | secondary attendance center shall include at
least one | ||||||
7 | full-time bilingual education student. The Bilingual Advisory
| ||||||
8 | Committee shall serve only in an advisory capacity to the | ||||||
9 | local school council.
| ||||||
10 | (g) Local school councils may utilize the services of an | ||||||
11 | arbitration
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 | ||||||
15 | provisions of
Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4 | ||||||
16 | and 34-8.3, and
those provisions of paragraph 1 of Section | ||||||
17 | 34-18 and paragraph (c) of
Section 34A-201a relating to the | ||||||
18 | allocation or application -- by formula or
otherwise -- of | ||||||
19 | lump sum amounts and other funds to attendance centers,
shall | ||||||
20 | not apply to attendance centers that have applied for and
been | ||||||
21 | designated as a "Small School" by the Board, the
Cook County | ||||||
22 | Juvenile Detention Center and Cook
County Jail schools, nor to | ||||||
23 | the district's alternative schools for pregnant
girls, nor to | ||||||
24 | alternative schools established under Article 13A, nor to a | ||||||
25 | contract school,
nor to the
Michael R. Durso School, the |
| |||||||
| |||||||
1 | Jackson Adult Center, the Hillard Adult
Center, the | ||||||
2 | Alternative Transitional School, or any other attendance
| ||||||
3 | center designated by the Board as an alternative school, | ||||||
4 | provided that the
designation is not applied to an attendance | ||||||
5 | center that has in place a legally
constituted local school | ||||||
6 | council, except for contract turnaround schools. The board of | ||||||
7 | education shall have and
exercise with respect to those | ||||||
8 | schools and with respect to the conduct,
operation, affairs | ||||||
9 | and budgets of those schools, and with respect to the
| ||||||
10 | principals, teachers and other school staff there employed, | ||||||
11 | the same powers
which are exercisable by local school councils | ||||||
12 | with respect to the other
attendance centers, principals, | ||||||
13 | teachers and school staff within the
district, together with | ||||||
14 | all powers and duties generally exercisable by the
board of | ||||||
15 | education with respect to all attendance centers within the
| ||||||
16 | district. The board of education shall develop appropriate | ||||||
17 | alternative
methods for involving parents, community members | ||||||
18 | and school staff to the
maximum extent possible in all of the | ||||||
19 | activities of those schools, and may
delegate to the parents, | ||||||
20 | community members and school staff so involved the
same powers | ||||||
21 | which are exercisable by local school councils with respect to
| ||||||
22 | other 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 |
| |||||||
| |||||||
1 | centers.
| ||||||
2 | (a) The general superintendent shall monitor the
| ||||||
3 | performance of the
attendance centers within the district and | ||||||
4 | shall
identify
attendance centers, pursuant to criteria that | ||||||
5 | the 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
| ||||||
20 | nonperforming school
as described herein, he or she shall | ||||||
21 | place the attendance center on
remediation by developing a | ||||||
22 | remediation plan for the center. The purpose
of the | ||||||
23 | remediation plan shall be to correct the deficiencies in the
| ||||||
24 | performance of the attendance center by one or more of the | ||||||
25 | following methods:
| ||||||
26 | (1) drafting a new school improvement plan;
|
| |||||||
| |||||||
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 | ||||||
8 | school council, which shall retain the right to reject or | ||||||
9 | modify any school improvement plan or implementation thereof. | ||||||
10 | If, however, the general superintendent determines that
| ||||||
11 | the problems
are not able to be remediated by these methods, | ||||||
12 | the
general superintendent shall place the attendance center | ||||||
13 | on probation.
The board shall establish guidelines that | ||||||
14 | determine the factors for placing
an attendance center on | ||||||
15 | probation.
| ||||||
16 | (c) Each
school placed on probation shall have a school | ||||||
17 | improvement plan
and school budget for correcting deficiencies | ||||||
18 | identified
by the board. The plan shall
include specific steps | ||||||
19 | that the local school council and school staff must
take to | ||||||
20 | correct identified deficiencies and specific objective | ||||||
21 | criteria
by which the
school's subsequent progress will be | ||||||
22 | determined.
The school budget shall include specific | ||||||
23 | expenditures directly calculated to
correct educational and | ||||||
24 | operational deficiencies identified at the school by
the | ||||||
25 | probation team.
| ||||||
26 | (d) Schools placed on probation that, after a maximum of |
| |||||||
| |||||||
1 | one year, fail
to make
adequate progress in correcting | ||||||
2 | deficiencies are subject to the following actions
by the | ||||||
3 | general superintendent with the approval of the board, after
| ||||||
4 | opportunity 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) | ||||||
17 | is subject to veto by a supermajority of 8 of the voting | ||||||
18 | members of the local school council. | ||||||
19 | (e) Schools placed on probation shall remain on probation | ||||||
20 | from year to
year until deficiencies are corrected, even if | ||||||
21 | such schools make acceptable
annual progress.
The board shall | ||||||
22 | establish, in writing, criteria for determining whether or
not | ||||||
23 | a school shall remain on probation. If academic achievement | ||||||
24 | tests are used
as the factor for placing a school on probation, | ||||||
25 | the general superintendent
shall consider objective criteria, | ||||||
26 | not just an increase in test scores, in
deciding whether or not |
| |||||||
| |||||||
1 | a school shall remain on probation. These criteria
shall | ||||||
2 | include attendance, test scores, student mobility rates, | ||||||
3 | poverty rates,
bilingual education eligibility, special | ||||||
4 | education, and English language
proficiency programs, with | ||||||
5 | progress made in these areas being taken into
consideration in | ||||||
6 | deciding whether or not a school shall remain on probation. | ||||||
7 | Such criteria shall be delivered to each local school council | ||||||
8 | on or before August 1 of each year.
| ||||||
9 | (f) Where the board
has reason to believe that violations | ||||||
10 | of
civil rights, or of civil or criminal law have occurred, or | ||||||
11 | when the general
superintendent deems that the school is in | ||||||
12 | educational crisis it may take
immediate corrective action, | ||||||
13 | including the actions specified in this Section,
without first | ||||||
14 | placing the school on remediation or probation. Nothing
| ||||||
15 | described herein shall limit the authority of the board as | ||||||
16 | provided by any law
of this State. The board shall
develop | ||||||
17 | criteria governing the determination regarding when a school | ||||||
18 | is in
educational crisis. Such criteria shall be delivered to | ||||||
19 | each local school council on or before August 1 of each year. | ||||||
20 | An action under subsection (d) of this Section shall be | ||||||
21 | subject to veto by a supermajority of 8 of the voting members | ||||||
22 | of the local school council.
| ||||||
23 | (g) All persons serving as subdistrict superintendent on | ||||||
24 | May 1, 1995 shall
be deemed by operation of law to be serving | ||||||
25 | under a performance contract which
expires on June 30, 1995, | ||||||
26 | and the employment of each such person as subdistrict
|
| |||||||
| |||||||
1 | superintendent shall terminate on June 30, 1995. The board | ||||||
2 | shall have no
obligation to compensate any such person as a | ||||||
3 | subdistrict superintendent after
June 30, 1995.
| ||||||
4 | (h) The general superintendent shall, in
consultation with | ||||||
5 | local
school councils, conduct an annual evaluation of each | ||||||
6 | principal in the
district pursuant to guidelines promulgated | ||||||
7 | by 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 | ||||||
11 | Accountability Council may recommend to the
Chicago School | ||||||
12 | Reform Board of Trustees that any school placed on remediation
| ||||||
13 | or probation under Section 34-8.3 or schools that for the 3 | ||||||
14 | consecutive
school years of 1992-1993, 1993-1994, and | ||||||
15 | 1994-1995 have met the State Board of
Education's category of | ||||||
16 | "does not meet expectations" be made subject to
intervention | ||||||
17 | under this Section 34-8.4. In addition to any powers created
| ||||||
18 | under this Section, the Trustees shall have all powers created | ||||||
19 | under Section
34-8.3 with respect to schools subjected to | ||||||
20 | intervention.
| ||||||
21 | Prior to subjecting a school to intervention, the Trustees | ||||||
22 | shall conduct a
public hearing and make findings of facts | ||||||
23 | concerning the recommendation of the
Chicago Schools Academic | ||||||
24 | Accountability Council and the factors causing the
failure of | ||||||
25 | the school to adequately perform. The Trustees shall afford an
|
| |||||||
| |||||||
1 | opportunity at the hearing for interested persons to comment | ||||||
2 | about the
intervention recommendation. After the hearing has | ||||||
3 | been held and completion of
findings of fact,
the Trustees | ||||||
4 | shall make a determination whether to subject the school to
| ||||||
5 | intervention.
| ||||||
6 | If the Trustees determine that a school shall be subject | ||||||
7 | to intervention
under this Section, the Trustees shall develop | ||||||
8 | an intervention implementation
plan and shall cause a | ||||||
9 | performance evaluation to be made of each employee at
the | ||||||
10 | school. Upon consideration of such evaluations, and consistent | ||||||
11 | with the
intervention implementation plan, the Trustees may | ||||||
12 | reassign, layoff, or
dismiss any employees at the attendance | ||||||
13 | center, notwithstanding the provisions
of Sections 24A-5 and | ||||||
14 | 34-85.
| ||||||
15 | The chief educational officer shall appoint a principal | ||||||
16 | for the school and
shall set the terms and conditions of the | ||||||
17 | principal's contract, which in no
case may be longer than 2 | ||||||
18 | years. The principal shall select all teachers and
| ||||||
19 | non-certified personnel for the school as may be necessary. | ||||||
20 | Any provision of
Section 34-8.1 that conflicts with this | ||||||
21 | Section shall not apply to a school
subjected to intervention | ||||||
22 | under this Section.
| ||||||
23 | If pursuant to this Section, the general superintendent, | ||||||
24 | with the approval of
the board, orders new local school | ||||||
25 | council elections, the general
superintendent shall carry out | ||||||
26 | the responsibilities of the local school council
for a school |
| |||||||
| |||||||
1 | subject to intervention until the new local school council | ||||||
2 | members
are elected and trained. | ||||||
3 | Any action authorized by this Section must be vetoed by a
| ||||||
4 | supermajority vote of 8 of the voting members of the local | ||||||
5 | school council for the attendance center affected by the | ||||||
6 | action.
| ||||||
7 | Each school year, 5% of the supplemental general State aid
| ||||||
8 | funds distributed to a school subject
to intervention during | ||||||
9 | that school year under subsection 5(i)(1)(a)
of part A of | ||||||
10 | Section 18-8 or subsection (H) of Section 18-8.05 shall be
| ||||||
11 | used for employee performance incentives.
The Trustees shall | ||||||
12 | prepare a report evaluating the results of any interventions
| ||||||
13 | undertaken pursuant to this Section and shall make | ||||||
14 | recommendations concerning
implementation of special programs | ||||||
15 | for dealing with underperforming schools on
an ongoing basis. | ||||||
16 | This report shall be submitted to the State Superintendent
of | ||||||
17 | Education 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; | ||||||
19 | 90-548, eff. 1-1-98.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|