Full Text of SB2688 95th General Assembly
SB2688ham002 95TH GENERAL ASSEMBLY
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Rep. Edward J. Acevedo
Filed: 5/29/2008
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| AMENDMENT TO SENATE BILL 2688
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| AMENDMENT NO. ______. Amend Senate Bill 2688 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 3. The School Code is amended by changing Section | 5 |
| 34-2.1 as follows:
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| (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
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| Sec. 34-2.1. Local School Councils - Composition - | 8 |
| Voter-Eligibility
- Elections - Terms.
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| (a) A local school council shall be established for each | 10 |
| attendance
center within the school district. Each local school | 11 |
| council shall
consist of the following 11 voting members: the | 12 |
| principal of the
attendance center, 2 teachers employed and | 13 |
| assigned to perform the
majority of their employment duties at | 14 |
| the attendance center, 6 parents of
students currently enrolled | 15 |
| at the attendance center and 2 community
residents. Neither the | 16 |
| parents nor the community residents who serve as
members of the |
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| local school council shall be employees of the Board of
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| Education. In each secondary attendance center, the local | 3 |
| school council
shall consist of 12 voting members -- the 11 | 4 |
| voting members described above
and one full-time student | 5 |
| member, appointed as provided in subsection
(m) below.
In the | 6 |
| event that the chief executive officer of the Chicago School | 7 |
| Reform
Board of Trustees determines that a local school council | 8 |
| is not carrying out
its financial duties effectively, the chief | 9 |
| executive officer is authorized to
appoint a representative of | 10 |
| the business community with experience in finance
and | 11 |
| management
to serve as an advisor to the local school council | 12 |
| for
the purpose of providing advice and assistance to the local | 13 |
| school council on
fiscal matters.
The advisor shall have access | 14 |
| to relevant financial records of the
local school council. The | 15 |
| advisor may attend executive sessions.
The chief executive | 16 |
| officer shall
issue a written policy defining the circumstances | 17 |
| under which a local school
council is not carrying out its | 18 |
| financial duties effectively.
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| (b) Within 7 days of January 11, 1991, the Mayor shall | 20 |
| appoint the
members and officers (a Chairperson who shall be a | 21 |
| parent member and a
Secretary) of each local school council who | 22 |
| shall hold their offices until
their successors shall be | 23 |
| elected and qualified. Members so appointed shall
have all the | 24 |
| powers and duties of local school councils as set forth in
this | 25 |
| amendatory Act of 1991. The Mayor's appointments shall not | 26 |
| require
approval by the City Council.
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| The membership of each local school council shall be | 2 |
| encouraged to be
reflective of the racial and ethnic | 3 |
| composition of the student population
of the attendance center | 4 |
| served by the local school council.
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| (c) Beginning with the 1995-1996 school year and in every | 6 |
| even-numbered
year thereafter, the Board shall set second | 7 |
| semester Parent Report Card
Pick-up Day for Local School | 8 |
| Council elections and may schedule elections at
year-round | 9 |
| schools for the same dates as the remainder of the school | 10 |
| system.
Elections shall be
conducted as provided herein by the | 11 |
| Board of Education in consultation with
the local school | 12 |
| council at each attendance center.
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| (d) Beginning with the 1995-96 school year, the following
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| procedures shall apply to the election of local school council | 15 |
| members at each
attendance center:
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| (i) The elected members of each local school council | 17 |
| shall consist of
the 6 parent members and the 2 community | 18 |
| resident members.
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| (ii) Each elected member shall be elected by the | 20 |
| eligible voters of
that attendance center to serve for a | 21 |
| two-year term
commencing on July 1
immediately following | 22 |
| the election described in subsection
(c). Eligible
voters | 23 |
| for each attendance center shall consist of the parents and | 24 |
| community
residents for that attendance center.
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| (iii) Each eligible voter shall be entitled
to cast one | 26 |
| vote for up to
a total of 5 candidates, irrespective of |
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| whether such candidates are parent
or community resident | 2 |
| candidates.
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| (iv) Each parent voter shall be entitled to vote in the | 4 |
| local
school
council election at each attendance center in | 5 |
| which he or she has a child
currently enrolled. Each | 6 |
| community resident voter shall be entitled to
vote in the | 7 |
| local school council election at each attendance center for
| 8 |
| which he or she resides in the applicable attendance area | 9 |
| or voting
district, as the case may be.
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| (v) Each eligible voter shall be entitled to vote once, | 11 |
| but
not more
than once, in the local school council | 12 |
| election at each attendance center
at which the voter is | 13 |
| eligible to vote.
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| (vi) The 2 teacher members of each local school council
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| shall be
appointed as provided in subsection (l) below each | 16 |
| to serve for a
two-year
term coinciding with that of the | 17 |
| elected parent and community resident
members.
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| (vii) At secondary attendance centers, the voting | 19 |
| student
member shall
be appointed as provided in subsection | 20 |
| (m) below to serve
for a one-year term coinciding with the | 21 |
| beginning of the terms of the elected
parent and community | 22 |
| members of the local school council.
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| (e) The Council shall publicize the date and place of the | 24 |
| election by
posting notices at the attendance center, in public | 25 |
| places within the
attendance boundaries of the attendance | 26 |
| center and by distributing notices
to the pupils at the |
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| attendance center, and shall utilize such other means
as it | 2 |
| deems necessary to maximize the involvement of all eligible | 3 |
| voters.
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| (f) Nomination. The Council shall publicize the opening of | 5 |
| nominations
by posting notices at the attendance center, in | 6 |
| public places within the
attendance boundaries of the | 7 |
| attendance center and by distributing notices
to the pupils at | 8 |
| the attendance center, and shall utilize such other means
as it | 9 |
| deems necessary to maximize the involvement of all eligible | 10 |
| voters.
Not less than 2 weeks before the election date, persons | 11 |
| eligible to run for
the Council shall submit their name,
date | 12 |
| of birth, social
security number, if
available,
and some | 13 |
| evidence of eligibility
to the Council. The Council shall | 14 |
| encourage nomination of candidates
reflecting the | 15 |
| racial/ethnic population of the students at the attendance
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| center. Each person nominated who runs as a candidate shall | 17 |
| disclose, in a
manner determined by the Board, any economic | 18 |
| interest held by such person,
by such person's spouse or | 19 |
| children, or by each business entity in which
such person has | 20 |
| an ownership interest, in any contract with the Board, any
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| local school council or any public school in the school
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| district.
Each person
nominated who runs as a candidate shall | 23 |
| also disclose, in a manner determined
by the Board, if he or | 24 |
| she ever has been convicted of any of the offenses
specified in | 25 |
| subsection (c) of Section 34-18.5; provided that neither this
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| provision nor any other provision of this Section shall be |
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| deemed to require
the disclosure of any information that is | 2 |
| contained in any law enforcement
record or juvenile court | 3 |
| record that is confidential or whose accessibility or
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| disclosure is restricted or prohibited under Section 5-901 or
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| 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | 6 |
| disclosure shall render a person ineligible
for election or to | 7 |
| serve on the local school council. The same
disclosure shall be
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| required of persons under consideration for appointment to the | 9 |
| Council
pursuant to subsections (l) and (m) of this Section.
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| (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 11-6,
11-9.1, 11-16,
11-17.1, | 16 |
| 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, | 17 |
| 12-15, or
12-16 of the
Criminal Code of 1961 or (ii) any | 18 |
| offense committed or attempted in any other
state or
against | 19 |
| the laws of the United States, which, if committed or attempted | 20 |
| in this
State,
would have been punishable as one or more of the | 21 |
| foregoing offenses.
Notwithstanding
disclosure, a person who | 22 |
| has been convicted of any of the following offenses
within the
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| 10 years previous to the date of nomination or appointment | 24 |
| shall be ineligible
for election or
appointment to a local | 25 |
| school council:
(i) those defined in Section 401.1, 405.1, or | 26 |
| 405.2 of the Illinois Controlled
Substances Act or (ii) any
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| offense committed
or attempted in any other state or against | 2 |
| the laws of the United States,
which, if
committed or attempted | 3 |
| in this State, would have been punishable as one or more
of the
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| foregoing offenses.
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| Immediately upon election or appointment, incoming local | 6 |
| school
council members
shall be
required to undergo a criminal | 7 |
| background investigation, to be completed prior
to the member | 8 |
| taking office,
in order to identify
any criminal convictions | 9 |
| under the offenses enumerated in Section 34-18.5.
The | 10 |
| investigation shall be conducted by the Department of State | 11 |
| Police in the
same manner as provided for in Section 34-18.5. | 12 |
| However, notwithstanding
Section 34-18.5, the social security | 13 |
| number shall be provided only if
available.
If it is determined | 14 |
| at any time that a local school council member or
member-elect | 15 |
| has been convicted
of any of the offenses enumerated in this | 16 |
| Section or failed to disclose a
conviction of any of the | 17 |
| offenses enumerated in Section 34-18.5, the general
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| superintendent shall notify the local school council member or | 19 |
| member-elect of
such
determination and the local school council | 20 |
| member or member-elect shall be
removed from the
local school | 21 |
| council by the Board, subject to a hearing,
convened pursuant | 22 |
| to Board rule, prior to removal.
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| (g) At least one week before the election date, the Council | 24 |
| shall
publicize, in the manner provided in subsection (e), the | 25 |
| names of persons
nominated for election.
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| (h) Voting shall be in person by secret ballot at the |
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| attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
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| (i) Candidates receiving the highest number of votes shall | 3 |
| be declared
elected by the Council. In cases of a tie, the | 4 |
| Council shall determine the
winner by lot.
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| (j) The Council shall certify the results of the election | 6 |
| and shall
publish the results in the minutes of the Council.
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| (k) The general superintendent shall resolve any
disputes
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| concerning election procedure or results and shall ensure that, | 9 |
| except as
provided in subsections (e) and (g), no resources of | 10 |
| any attendance center
shall be used to endorse or promote any | 11 |
| candidate.
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| (l) Beginning with the 1995-1996 school year
and in every
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| even numbered
year thereafter, the Board shall appoint 2 | 14 |
| teacher
members to each
local school council. These | 15 |
| appointments shall be made in the following
manner:
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| (i) The Board shall appoint 2 teachers who are
employed | 17 |
| and assigned to
perform the majority of
their employment | 18 |
| duties at the attendance center
to serve on the local | 19 |
| school council of the attendance center for a two-year
term | 20 |
| coinciding with the terms of the elected parent and
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| community members of that local school council. These
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| appointments shall be made from among those teachers who | 23 |
| are nominated in
accordance with subsection (f).
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| (ii) A non-binding, advisory poll to ascertain the
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| preferences of the
school staff regarding appointments of | 26 |
| teachers to the local school council
for that attendance |
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| center shall be conducted in accordance with the
procedures | 2 |
| used to elect parent and community Council | 3 |
| representatives. At
such poll, each member of the school | 4 |
| staff shall be entitled to indicate
his or her preference | 5 |
| for up to 2 candidates from among those who submitted
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| statements of candidacy as described above. These | 7 |
| preferences shall be
advisory only and the Board shall | 8 |
| maintain absolute discretion to appoint
teacher members to | 9 |
| local school councils, irrespective of the preferences
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| expressed in any such poll.
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| (iii) In the event that a teacher representative is | 12 |
| unable to perform
his or her employment duties at the | 13 |
| school due to illness, disability, leave of
absence, | 14 |
| disciplinary action, or any other reason, the Board shall | 15 |
| declare
a temporary vacancy and appoint a replacement | 16 |
| teacher representative to serve
on the local school council | 17 |
| until such time as the teacher member originally
appointed | 18 |
| pursuant to this subsection (l) resumes service at the | 19 |
| attendance
center or for the remainder of the term. The | 20 |
| replacement teacher
representative shall be appointed in | 21 |
| the same manner and by the same procedures
as teacher | 22 |
| representatives are appointed in subdivisions (i) and (ii) | 23 |
| of this
subsection (l).
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| (m) Beginning with the 1995-1996 school year, and in every
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| year thereafter, the Board shall appoint one student member to | 26 |
| each
secondary attendance center. These appointments shall be |
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| made in the
following manner:
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| (i) Appointments shall be made from among those | 3 |
| students who submit
statements of candidacy to the | 4 |
| principal of the attendance center, such
statements to be | 5 |
| submitted commencing on the first day of the twentieth
week | 6 |
| of school and
continuing for 2 weeks thereafter. The form | 7 |
| and manner of such candidacy
statements shall be determined | 8 |
| by the Board.
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| (ii) During the twenty-second week of school in every | 10 |
| year,
the principal of
each attendance center shall conduct | 11 |
| a non-binding, advisory poll to
ascertain the preferences | 12 |
| of the school students regarding the appointment
of a | 13 |
| student to the local school council for that attendance | 14 |
| center. At
such poll, each student shall be entitled to | 15 |
| indicate his or her preference
for up to one candidate from | 16 |
| among those who submitted statements of
candidacy as | 17 |
| described above. The Board shall promulgate rules to ensure
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| that these non-binding, advisory polls are conducted in a | 19 |
| fair and
equitable manner and maximize the involvement of | 20 |
| all school students. The
preferences expressed in these | 21 |
| non-binding, advisory polls shall be
transmitted by the | 22 |
| principal to the Board. However, these preferences
shall be | 23 |
| advisory only and the Board shall maintain absolute | 24 |
| discretion to
appoint student members to local school | 25 |
| councils, irrespective of the
preferences expressed in any | 26 |
| such poll.
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| (iii) For the 1995-96 school year only, appointments | 2 |
| shall be made from
among those students who submitted | 3 |
| statements of candidacy to the principal
of the attendance | 4 |
| center during the first 2 weeks of the school year.
The
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| principal shall communicate the results of any nonbinding, | 6 |
| advisory poll to the
Board. These results shall be advisory | 7 |
| only, and the Board shall maintain
absolute discretion to | 8 |
| appoint student members to local school councils,
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| irrespective of the preferences expressed in any such poll.
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| (n) The Board may promulgate such other rules and | 11 |
| regulations for
election procedures as may be deemed necessary | 12 |
| to ensure fair elections.
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| (o) In the event that a vacancy occurs during a member's | 14 |
| term, the
Council shall appoint a person eligible to serve on | 15 |
| the Council, to fill
the unexpired term created by the vacancy, | 16 |
| except that any teacher vacancy
shall be filled by the Board | 17 |
| after considering the preferences of the school
staff as | 18 |
| ascertained through a non-binding advisory poll of school | 19 |
| staff.
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| (p) If less than the specified number of persons is elected | 21 |
| within each
candidate category, the newly elected local school | 22 |
| council shall appoint
eligible persons to serve as members of | 23 |
| the Council for two-year terms.
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| (q) The Board shall promulgate rules regarding conflicts of | 25 |
| interest
and disclosure of economic interests which shall apply | 26 |
| to local school
council members and which shall require reports |
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| or statements to be filed
by Council members at regular | 2 |
| intervals with the Secretary of the
Board. Failure to comply | 3 |
| with such rules
or intentionally falsifying such reports shall | 4 |
| be grounds for
disqualification from local school council | 5 |
| membership. A vacancy on the
Council for disqualification may | 6 |
| be so declared by the Secretary of the
Board. Rules regarding | 7 |
| conflicts of interest and disclosure of
economic interests | 8 |
| promulgated by the Board shall apply to local school council
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| members. No less than 45 days prior to the deadline, the | 10 |
| general
superintendent shall provide notice, by mail, to each | 11 |
| local school council
member of all requirements and forms for | 12 |
| compliance with economic interest
statements.
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| (r) (1) If a parent member of a local school council ceases | 14 |
| to have any
child
enrolled in the attendance center governed by | 15 |
| the Local School Council due to
the graduation or voluntary | 16 |
| transfer of a child or children from the attendance
center, the | 17 |
| parent's membership on the Local School Council and all voting
| 18 |
| rights are terminated immediately as of the date of the child's | 19 |
| graduation or
voluntary transfer. If the child of a parent | 20 |
| member of a local school council dies during the member's term | 21 |
| in office, the member may continue to serve on the local school | 22 |
| council for the balance of his or her term. Further,
a local | 23 |
| school council member may be removed from the Council by a
| 24 |
| majority vote of the Council as provided in subsection (c) of | 25 |
| Section
34-2.2 if the Council member has missed 3 consecutive | 26 |
| regular meetings, not
including committee meetings, or 5 |
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| regular meetings in a 12 month period,
not including committee | 2 |
| meetings.
If a parent member of a local school council ceases | 3 |
| to be eligible to serve
on the Council for any other reason, he | 4 |
| or she shall be removed by the Board
subject
to a hearing, | 5 |
| convened pursuant to Board rule, prior to removal.
A vote to | 6 |
| remove a Council member by the local school council shall
only | 7 |
| be valid if the Council member has been notified personally or | 8 |
| by
certified mail, mailed to the person's last known address, | 9 |
| of the Council's
intent to vote on the Council member's removal | 10 |
| at least 7 days prior to the
vote. The Council member in | 11 |
| question shall have the right to explain
his or her actions and | 12 |
| shall be eligible to vote on the
question of his or her removal | 13 |
| from the Council. The provisions of this
subsection shall be | 14 |
| contained within the petitions used to nominate Council
| 15 |
| candidates.
| 16 |
| (2) A person may continue to serve as a community resident | 17 |
| member of a
local
school council as long as he or she resides | 18 |
| in the attendance area served by
the
school and is not employed | 19 |
| by the Board nor is a parent of a student enrolled
at the | 20 |
| school. If a community resident member ceases to be eligible to | 21 |
| serve
on the Council, he or she shall be removed by the Board | 22 |
| subject to a hearing,
convened pursuant to Board rule, prior to | 23 |
| removal.
| 24 |
| (3) A person may continue to serve as a teacher member of a | 25 |
| local school
council as long as he or she is employed and | 26 |
| assigned to perform a majority of
his or her duties at the |
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| school, provided that if the teacher representative
resigns | 2 |
| from employment with the Board or
voluntarily transfers to | 3 |
| another school, the teacher's membership on the local
school | 4 |
| council and all voting rights are terminated immediately as of | 5 |
| the date
of the teacher's resignation or upon the date of the | 6 |
| teacher's voluntary
transfer to another school. If a teacher | 7 |
| member of a local school council
ceases to be eligible to serve | 8 |
| on a local school council for any other reason,
that member | 9 |
| shall be removed by the Board subject to a hearing, convened
| 10 |
| pursuant to Board rule, prior to removal.
| 11 |
| (Source: P.A. 90-378, eff. 8-14-97; 90-590, eff. 1-1-00; | 12 |
| 91-622, eff.
8-19-99; 91-728, eff. 6-2-00.)
| 13 |
| Section 5. The School Safety Drill Act is amended by | 14 |
| changing Section 20 as follows: | 15 |
| (105 ILCS 128/20)
| 16 |
| Sec. 20. Number of drills; incidents covered; local | 17 |
| authority participation.
| 18 |
| (a) During each academic year, schools must conduct a | 19 |
| minimum of 3 school evacuation drills to address and prepare | 20 |
| students and school personnel for fire incidents. These drills | 21 |
| must meet all of the following criteria: | 22 |
| (1) One of the 3 school evacuation drills shall require | 23 |
| the participation of the appropriate local fire department | 24 |
| or district. |
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| (A) Each local fire department or fire district | 2 |
| must contact the appropriate school administrator or | 3 |
| his or her designee no later than September 1 of each | 4 |
| year in order to arrange for the participation of the | 5 |
| department or district in the school evacuation drill. | 6 |
| (B) Each school administrator or his or her | 7 |
| designee must contact the responding local fire | 8 |
| official no later than September 15 of each year and | 9 |
| propose to the local fire official 4 dates within the | 10 |
| month of October, during at least 2 different weeks of | 11 |
| October, on which the drill shall occur. The fire | 12 |
| official may choose any of the 4 available dates, and | 13 |
| if he or she does so, the drill shall occur on that | 14 |
| date. | 15 |
| (C) The school administrator or his or her designee | 16 |
| and the local fire official may also, by mutual | 17 |
| agreement, set any other date for the drill, including | 18 |
| a date outside of the month of October. | 19 |
| (D) If the fire official does not select one of the | 20 |
| 4 offered dates in October or set another date by | 21 |
| mutual agreement, the requirement that the school | 22 |
| include the local fire service in one of its mandatory | 23 |
| school evacuation drills shall be waived. Schools, | 24 |
| however, shall continue to be strongly encouraged to | 25 |
| include the fire service in a school evacuation drill | 26 |
| at a mutually agreed-upon time. |
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| (E) Upon the participation of the local fire | 2 |
| service, the appropriate local fire official shall | 3 |
| certify that the school evacuation drill was | 4 |
| conducted. | 5 |
| (F) When scheduling the school evacuation drill, | 6 |
| the school administrator or his or her designee and the | 7 |
| local fire department or fire district may, by mutual | 8 |
| agreement on or before September 14, choose to waive | 9 |
| the provisions of subparagraphs (B), (C), and (D) of | 10 |
| this paragraph (1). | 11 |
| Additional school evacuation drills for fire incidents | 12 |
| may involve the participation of the appropriate local fire | 13 |
| department or district. | 14 |
| (2) Schools may conduct additional school evacuation | 15 |
| drills to account for other evacuation incidents, | 16 |
| including without limitation suspicious items or bomb | 17 |
| threats. | 18 |
| (3) All drills shall be conducted at each school | 19 |
| building that houses school children. | 20 |
| (b) During each academic year, schools must conduct a | 21 |
| minimum of one bus evacuation drill. This drill shall be | 22 |
| accounted for in the curriculum in all public schools and in | 23 |
| all other educational institutions in this State that are | 24 |
| supported or maintained, in whole or in part, by public funds | 25 |
| and that provide instruction in any of the grades kindergarten | 26 |
| through 12. This curriculum shall include instruction in safe |
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| bus riding practices for all students. Schools may conduct | 2 |
| additional bus evacuation drills. All drills shall be conducted | 3 |
| at each school building that houses school children. | 4 |
| (c) During each academic year, schools must may conduct a | 5 |
| strongly encouraged law enforcement drill drills to address and | 6 |
| prepare students and school personnel for incidents, including | 7 |
| without limitation reverse evacuations, lock-downs, shootings, | 8 |
| bomb threats, or hazardous materials. Such drills must be | 9 |
| conducted according to the school district's or private | 10 |
| school's emergency and crisis response plans, protocols, and | 11 |
| procedures, with the participation of the appropriate law | 12 |
| enforcement agency. Law enforcement drills may be conducted on | 13 |
| days and times when students are not present in the school | 14 |
| building. | 15 |
| (1) A If conducted, a law enforcement drill must meet | 16 |
| all of the following criteria: | 17 |
| (A) During each calendar year, the appropriate | 18 |
| local law enforcement agency shall contact the | 19 |
| appropriate school administrator to request to | 20 |
| participate in a law enforcement drill and may actively | 21 |
| participate on-site in a drill. | 22 |
| (B) Upon the participation of a local law | 23 |
| enforcement agency in a law enforcement drill, the | 24 |
| appropriate local law enforcement official shall | 25 |
| certify that the law enforcement drill was conducted. | 26 |
| (2) Schools may conduct additional law enforcement |
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| drills at their discretion. | 2 |
| (3) (Blank). All drills shall be conducted at each | 3 |
| school building that houses school children. | 4 |
| (d) During each academic year, schools must conduct a | 5 |
| minimum of one severe weather and shelter-in-place drill to | 6 |
| address and prepare students and school personnel for possible | 7 |
| tornado incidents and may conduct additional severe weather and | 8 |
| shelter-in-place drills to account for other incidents, | 9 |
| including without limitation earthquakes or hazardous | 10 |
| materials. All drills shall be conducted at each school | 11 |
| building that houses school children.
| 12 |
| (Source: P.A. 94-600, eff. 8-16-05.) | 13 |
| Section 90. The State Mandates Act is amended by adding | 14 |
| Section 8.32 as follows: | 15 |
| (30 ILCS 805/8.32 new) | 16 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 |
| of this Act, no reimbursement by the State is required for the | 18 |
| implementation of any mandate created by this amendatory Act of | 19 |
| the 95th General Assembly.
| 20 |
| Section 99. Effective date. This Act takes effect July 1, | 21 |
| 2008.".
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