SB2042sam001 102ND GENERAL ASSEMBLY

Sen. Cristina H. Pacione-Zayas

Filed: 5/30/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2042

2    AMENDMENT NO. ______. Amend Senate Bill 2042 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 34-2.1, 34-2.2, 34-2.4b, and 34-8.3 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) Notwithstanding any other provision of law, a A local
10school council shall be established for each attendance center
11within the school district, except for private schools, but
12including public small schools within the district. Each local
13school council shall consist of the following 12 voting
14members: the principal of the attendance center, 2 teachers
15employed and assigned to perform the majority of their
16employment duties at the attendance center, 6 parents of

 

 

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1students currently enrolled at the attendance center, one
2employee of the school district employed and assigned to
3perform the majority of his or her employment duties at the
4attendance center who is not a teacher, and 2 community
5residents. Neither the parents nor the community residents who
6serve as members of the local school council shall be
7employees of the Board of Education. In each secondary
8attendance center, the local school council shall consist of
913 voting members -- the 12 voting members described above and
10one full-time student member, appointed as provided in
11subsection (m) below. In each attendance center enrolling
12students in 7th or 8th grade, one full-time student member
13shall be appointed as provided in subsection (m) of this
14Section. In the event that the chief executive officer of the
15Chicago School Reform Board of Trustees determines that a
16local school council is not carrying out its financial duties
17effectively, the chief executive officer is authorized to
18appoint a representative of the business community with
19experience in finance and management to serve as an advisor to
20the local school council for the purpose of providing advice
21and assistance to the local school council on fiscal matters.
22The advisor shall have access to relevant financial records of
23the local school council. The advisor may attend executive
24sessions. The chief executive officer shall issue a written
25policy defining the circumstances under which a local school
26council is not carrying out its financial duties effectively.

 

 

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1    (b) Within 7 days of January 11, 1991, the Mayor shall
2appoint the members and officers (a Chairperson who shall be a
3parent member and a Secretary) of each local school council
4who shall hold their offices until their successors shall be
5elected and qualified. Members so appointed shall have all the
6powers and duties of local school councils as set forth in this
7amendatory Act of 1991. The Mayor's appointments shall not
8require approval by the City Council.
9    The membership of each local school council shall be
10encouraged to be reflective of the racial and ethnic
11composition of the student population of the attendance center
12served by the local school council.
13    (c) Beginning with the 1995-1996 school year and in every
14even-numbered year thereafter, the Board shall set second
15semester Parent Report Card Pick-up Day for Local School
16Council elections and may schedule elections at year-round
17schools for the same dates as the remainder of the school
18system. Elections shall be conducted as provided herein by the
19Board of Education in consultation with the local school
20council at each attendance center.
21    (c-5) Notwithstanding subsection (c), for the local school
22council election set for the 2019-2020 school year, the Board
23may hold the election on the first semester Parent Report Card
24Pick-up Day of the 2020-2021 school year, making any necessary
25modifications to the election process or date to comply with
26guidance from the Department of Public Health and the federal

 

 

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1Centers for Disease Control and Prevention. The terms of
2office of all local school council members eligible to serve
3and seated on or after March 23, 2020 through January 10, 2021
4are extended through January 10, 2021, provided that the
5members continue to meet eligibility requirements for local
6school council membership.
7    (d) Beginning with the 1995-96 school year, the following
8procedures shall apply to the election of local school council
9members at each attendance center:
10        (i) The elected members of each local school council
11    shall consist of the 6 parent members and the 2 community
12    resident members.
13        (ii) Each elected member shall be elected by the
14    eligible voters of that attendance center to serve for a
15    two-year term commencing on July 1 immediately following
16    the election described in subsection (c), except that the
17    terms of members elected to a local school council under
18    subsection (c-5) shall commence on January 11, 2021 and
19    end on July 1, 2022. Eligible voters for each attendance
20    center shall consist of the parents and community
21    residents for that attendance center.
22        (iii) Each eligible voter shall be entitled to cast
23    one vote for up to a total of 5 candidates, irrespective of
24    whether such candidates are parent or community resident
25    candidates.
26        (iv) Each parent voter shall be entitled to vote in

 

 

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1    the local school council election at each attendance
2    center in which he or she has a child currently enrolled.
3    Each community resident voter shall be entitled to vote in
4    the local school council election at each attendance
5    center for which he or she resides in the applicable
6    attendance area or voting district, as the case may be.
7        (v) Each eligible voter shall be entitled to vote
8    once, but not more than once, in the local school council
9    election at each attendance center at which the voter is
10    eligible to vote.
11        (vi) The 2 teacher members and the non-teacher
12    employee member of each local school council shall be
13    appointed as provided in subsection (l) below each to
14    serve for a two-year term coinciding with that of the
15    elected parent and community resident members. From March
16    23, 2020 through January 10, 2021, the chief executive
17    officer or his or her designee may make accommodations to
18    fill the vacancy of a teacher or non-teacher employee
19    member of a local school council.
20        (vii) At secondary attendance centers and attendance
21    centers enrolling students in 7th or 8th grade, the voting
22    student member shall be appointed as provided in
23    subsection (m) below to serve for a one-year term
24    coinciding with the beginning of the terms of the elected
25    parent and community members of the local school council.
26    For the 2020-2021 school year, the chief executive officer

 

 

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1    or his or her designee may make accommodations to fill the
2    vacancy of a student member of a local school council.
3    (e) The Council shall publicize the date and place of the
4election 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.
10    (f) Nomination. The Council shall publicize the opening of
11nominations by posting notices at the attendance center, in
12public places within the attendance boundaries of the
13attendance center and by distributing notices to the pupils at
14the attendance center, and shall utilize such other means as
15it deems necessary to maximize the involvement of all eligible
16voters. Not less than 2 weeks before the election date,
17persons eligible to run for the Council shall submit their
18name, date of birth, social security number, if available, and
19some evidence of eligibility to the Council. The Council shall
20encourage nomination of candidates reflecting the
21racial/ethnic population of the students at the attendance
22center. Each person nominated who runs as a candidate shall
23disclose, in a manner determined by the Board, any economic
24interest held by such person, by such person's spouse or
25children, or by each business entity in which such person has
26an ownership interest, in any contract with the Board, any

 

 

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1local school council or any public school in the school
2district. Each person nominated who runs as a candidate shall
3also disclose, in a manner determined by the Board, if he or
4she ever has been convicted of any of the offenses specified in
5subsection (c) of Section 34-18.5; provided that neither this
6provision nor any other provision of this Section shall be
7deemed to require the disclosure of any information that is
8contained in any law enforcement record or juvenile court
9record that is confidential or whose accessibility or
10disclosure is restricted or prohibited under Section 5-901 or
115-905 of the Juvenile Court Act of 1987. Failure to make such
12disclosure shall render a person ineligible for election or to
13serve on the local school council. The same disclosure shall
14be required of persons under consideration for appointment to
15the Council pursuant to subsections (l) and (m) of this
16Section.
17    (f-5) Notwithstanding disclosure, a person who has been
18convicted of any of the following offenses at any time shall be
19ineligible for election or appointment to a local school
20council and ineligible for appointment to a local school
21council pursuant to subsections (l) and (m) of this Section:
22(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
2311-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
2411-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
2512-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
26Section 11-14.3, of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012, or (ii) any offense committed or attempted in any
2other state or against the laws of the United States, which, if
3committed or attempted in this State, would have been
4punishable as one or more of the foregoing offenses.
5Notwithstanding disclosure, a person who has been convicted of
6any of the following offenses within the 10 years previous to
7the date of nomination or appointment shall be ineligible for
8election or appointment to a local school council: (i) those
9defined in Section 401.1, 405.1, or 405.2 of the Illinois
10Controlled Substances Act or (ii) any offense committed or
11attempted in any other state or against the laws of the United
12States, which, if committed or attempted in this State, would
13have been punishable as one or more of the foregoing offenses.
14    Immediately upon election or appointment, incoming local
15school council members shall be required to undergo a criminal
16background investigation, to be completed prior to the member
17taking office, in order to identify any criminal convictions
18under the offenses enumerated in Section 34-18.5. The
19investigation shall be conducted by the Department of State
20Police in the same manner as provided for in Section 34-18.5.
21However, notwithstanding Section 34-18.5, the social security
22number shall be provided only if available. If it is
23determined at any time that a local school council member or
24member-elect has been convicted of any of the offenses
25enumerated in this Section or failed to disclose a conviction
26of any of the offenses enumerated in Section 34-18.5, the

 

 

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1general superintendent shall notify the local school council
2member or member-elect of such determination and the local
3school council member or member-elect shall be removed from
4the local school council by the Board, subject to a hearing,
5convened pursuant to Board rule, prior to removal.
6    (g) At least one week before the election date, the
7Council shall publicize, in the manner provided in subsection
8(e), the names of persons nominated for election.
9    (h) Voting shall be in person by secret ballot at the
10attendance center between the hours of 6:00 a.m. and 7:00 p.m.
11    (i) Candidates receiving the highest number of votes shall
12be declared elected by the Council. In cases of a tie, the
13Council shall determine the winner by lot.
14    (j) The Council shall certify the results of the election
15and shall publish the results in the minutes of the Council.
16    (k) The general superintendent shall resolve any disputes
17concerning election procedure or results and shall ensure
18that, except as provided in subsections (e) and (g), no
19resources of any attendance center shall be used to endorse or
20promote any candidate.
21    (l) In Beginning with the 1995-1996 school year and in
22every even numbered year thereafter, the Board shall appoint 2
23teacher members to each local school council. These
24appointments shall be made in the following manner:
25        (i) The Board shall appoint 2 teachers who are
26    employed and assigned to perform the majority of their

 

 

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1    employment duties at the attendance center to serve on the
2    local school council of the attendance center for a
3    two-year term coinciding with the terms of the elected
4    parent and community members of that local school council.
5    These appointments shall be made from among those teachers
6    who are nominated in accordance with subsection (f).
7        (ii) A binding election A non-binding, advisory poll
8    to ascertain the preferences of the school staff regarding
9    appointments of teachers to the local school council for
10    that attendance center shall be conducted in accordance
11    with the procedures used to elect parent and community
12    Council representatives. At such election poll, each
13    member of the school staff shall be entitled to indicate
14    his or her preference for up to 2 candidates from among
15    those who submitted statements of candidacy as described
16    above. These preferences shall be binding on the Board
17    advisory only and the Board shall maintain absolute
18    discretion to appoint teacher members to local school
19    councils, irrespective of the preferences expressed in any
20    such poll.
21        (iii) In the event that a teacher representative is
22    unable to perform his or her employment duties at the
23    school due to illness, disability, leave of absence,
24    disciplinary action, or any other reason, the Board shall
25    declare a temporary vacancy and appoint a replacement
26    teacher representative to serve on the local school

 

 

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1    council until such time as the teacher member originally
2    appointed pursuant to this subsection (l) resumes service
3    at the attendance center or for the remainder of the term.
4    The replacement teacher representative shall be appointed
5    in the same manner and by the same procedures as teacher
6    representatives are appointed in subdivisions (i) and (ii)
7    of this subsection (l).
8    (m) In Beginning with the 1995-1996 school year, and in
9every school year thereafter, the Board shall appoint one
10student member to each secondary attendance center and
11attendance center enrolling students in 7th or 8th grade,
12although no attendance center shall have more than one student
13member. These appointments shall be made in the following
14manner:
15        (i) Appointments shall be made from among those
16    students who submit statements of candidacy to the
17    principal of the attendance center, such statements to be
18    submitted commencing on the first day of the twentieth
19    week of school and continuing for 2 weeks thereafter. The
20    form and manner of such candidacy statements shall be
21    determined by the Board.
22        (ii) During the twenty-second week of school in every
23    year, the principal of each attendance center shall
24    conduct a binding election a non-binding, advisory poll to
25    ascertain the preferences of the school students regarding
26    the appointment of a student to the local school council

 

 

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1    for that attendance center. At such election poll, each
2    student shall be entitled to indicate his or her
3    preference for up to one candidate from among those who
4    submitted statements of candidacy as described above. The
5    Board shall promulgate rules to ensure that these
6    elections non-binding, advisory polls are conducted in a
7    fair and equitable manner and maximize the involvement of
8    all school students. The preferences expressed in these
9    elections non-binding, advisory polls shall be transmitted
10    by the principal to the Board. These However, these
11    preferences shall be binding on the Board advisory only
12    and the Board shall maintain absolute discretion to
13    appoint student members to local school councils,
14    irrespective of the preferences expressed in any such
15    poll.
16        (iii) (Blank). For the 1995-96 school year only,
17    appointments shall be made from among those students who
18    submitted statements of candidacy to the principal of the
19    attendance center during the first 2 weeks of the school
20    year. The principal shall communicate the results of any
21    nonbinding, advisory poll to the Board. These results
22    shall be advisory only, and the Board shall maintain
23    absolute discretion to appoint student members to local
24    school councils, irrespective of the preferences expressed
25    in any such poll.
26    (n) The Board may promulgate such other rules and

 

 

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1regulations for election procedures as may be deemed necessary
2to ensure fair elections.
3    (o) In the event that a vacancy occurs during a member's
4term, the Council shall appoint a person eligible to serve on
5the Council, to fill the unexpired term created by the
6vacancy, except that any teacher vacancy shall be filled by
7the Board after considering the preferences of the school
8staff as ascertained through a binding election non-binding
9advisory poll of school staff.
10    (p) If less than the specified number of persons is
11elected within each candidate category, the newly elected
12local school council shall appoint eligible persons to serve
13as members of the Council for two-year terms.
14    (q) The Board shall promulgate rules regarding conflicts
15of interest and disclosure of economic interests which shall
16apply to local school council members and which shall require
17reports or statements to be filed by Council members at
18regular intervals with the Secretary of the Board. Failure to
19comply with such rules or intentionally falsifying such
20reports shall be grounds for disqualification from local
21school council membership. A vacancy on the Council for
22disqualification may be so declared by the Secretary of the
23Board. Rules regarding conflicts of interest and disclosure of
24economic interests promulgated by the Board shall apply to
25local school council members. No less than 45 days prior to the
26deadline, the general superintendent shall provide notice, by

 

 

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1mail, to each local school council member of all requirements
2and forms for compliance with economic interest statements.
3    (r) (1) If a parent member of a local school council ceases
4to have any child enrolled in the attendance center governed
5by the Local School Council due to the graduation or voluntary
6transfer of a child or children from the attendance center,
7the parent's membership on the Local School Council and all
8voting rights are terminated immediately as of the date of the
9child's graduation or voluntary transfer. If the child of a
10parent member of a local school council dies during the
11member's term in office, the member may continue to serve on
12the local school council for the balance of his or her term.
13Further, a local school council member may be removed from the
14Council by a majority vote of the Council as provided in
15subsection (c) of Section 34-2.2 if the Council member has
16missed 3 consecutive regular meetings, not including committee
17meetings, or 5 regular meetings in a 12 month period, not
18including committee meetings. If a parent member of a local
19school council ceases to be eligible to serve on the Council
20for any other reason, he or she shall be removed by the Board
21subject to a hearing, convened pursuant to Board rule, prior
22to removal. A vote to remove a Council member by the local
23school council shall only be valid if the Council member has
24been notified personally or by certified mail, mailed to the
25person's last known address, of the Council's intent to vote
26on the Council member's removal at least 7 days prior to the

 

 

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1vote. The Council member in question shall have the right to
2explain his or her actions and shall be eligible to vote on the
3question of his or her removal from the Council. The
4provisions of this subsection shall be contained within the
5petitions used to nominate Council candidates.
6    (2) A person may continue to serve as a community resident
7member of a local school council as long as he or she resides
8in the attendance area served by the school and is not employed
9by the Board nor is a parent of a student enrolled at the
10school. If a community resident member ceases to be eligible
11to serve on the Council, he or she shall be removed by the
12Board subject to a hearing, convened pursuant to Board rule,
13prior to removal.
14    (3) A person may continue to serve as a teacher member of a
15local school council as long as he or she is employed and
16assigned to perform a majority of his or her duties at the
17school, provided that if the teacher representative resigns
18from employment with the Board or voluntarily transfers to
19another school, the teacher's membership on the local school
20council and all voting rights are terminated immediately as of
21the date of the teacher's resignation or upon the date of the
22teacher's voluntary transfer to another school. If a teacher
23member of a local school council ceases to be eligible to serve
24on a local school council for any other reason, that member
25shall be removed by the Board subject to a hearing, convened
26pursuant to Board rule, prior to removal.

 

 

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1    (s) As used in this Section only, "community resident"
2means a person, 17 years of age or older, residing within an
3attendance area served by a school, excluding any person who
4is a parent of a student enrolled in that school; provided that
5with respect to any multi-area school, community resident
6means any person, 17 years of age or older, residing within the
7voting district established for that school pursuant to
8Section 34-2.1c, excluding any person who is a parent of a
9student enrolled in that school. This definition does not
10apply to any provisions concerning school boards.
11(Source: P.A. 101-643, eff. 6-18-20.)
 
12    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
13    Sec. 34-2.2. Local school councils - Manner of operation.
14    (a) The annual organizational meeting of each local school
15council shall be held at the attendance center or via
16videoconference or teleconference if guidance from the
17Department of Public Health or Centers for Disease Control and
18Prevention limits the size of in-person meetings at the time
19of the meeting. At the annual organization meeting, which
20shall be held no sooner than July 1 and no later than July 14,
21a parent member of the local school council shall be selected
22by the members of such council as its chairperson, and a
23secretary shall be selected by the members of such council
24from among their number, each to serve a term of one year.
25However, an organizational meeting held by members elected to

 

 

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1a local school council under subsection (c-5) of Section
234-2.1 may be held no sooner than January 11, 2021 and no later
3than January 31, 2021. Whenever a vacancy in the office of
4chairperson or secretary of a local school council shall
5occur, a new chairperson (who shall be a parent member) or
6secretary, as the case may be, shall be elected by the members
7of the local school council from among their number to serve as
8such chairperson or secretary for the unexpired term of office
9in which the vacancy occurs. At each annual organizational
10meeting, the time and place of any regular meetings of the
11local school council shall be fixed. Special meetings of the
12local school council may be called by the chairperson or by any
134 members by giving notice thereof in writing, specifying the
14time, place and purpose of the meeting. Public notice of
15meetings shall also be given in accordance with the Open
16Meetings Act.
17    (b) Members and officers of the local school council shall
18serve without compensation and without reimbursement of any
19expenses incurred in the performance of their duties, except
20that the board of education may by rule establish a procedure
21and thereunder provide for reimbursement of members and
22officers of local school councils for such of their reasonable
23and necessary expenses (excluding any lodging or meal
24expenses) incurred in the performance of their duties as the
25board may deem appropriate.
26    (c) A majority of the full membership of the local school

 

 

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1council shall constitute a quorum, and whenever a vote is
2taken on any measure before the local school council, a quorum
3being present, the affirmative vote of a majority of the votes
4of the full membership then serving of the local school
5council shall determine the outcome thereof; provided that
6whenever the measure before the local school council is (i)
7the evaluation of the principal, or (ii) the renewal of his or
8her performance contract or the inclusion of any provision or
9modification of the contract, or (iii) the direct selection by
10the local school council of a new principal (including a new
11principal to fill a vacancy) to serve under a 4 year
12performance contract, or (iv) the determination of the names
13of candidates to be submitted to the general superintendent
14for the position of principal, the principal and student
15member of a high school council shall not be counted for
16purposes of determining whether a quorum is present to act on
17the measure and shall have no vote thereon; and provided
18further that 7 affirmative votes of the local school council
19shall be required for the direct selection by the local school
20council of a new principal to serve under a 4 year performance
21contract but not for the renewal of a principal's performance
22contract. A supermajority of 8 votes is required to veto any
23action proposed or approved pursuant to subsection (d) of
24Section 34-8.3 of this Code or any action proposed or approved
25under Section 34-8.4 of this Code.
26    (d) Student members of high school councils shall not be

 

 

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1eligible to vote on personnel matters, including but not
2limited to principal evaluations and contracts and the
3allocation of teaching and staff resources.
4    (e) The local school council of an attendance center which
5provides bilingual education shall be encouraged to provide
6translators at each council meeting to maximize participation
7of parents and the community.
8    (f) Each local school council of an attendance center
9which provides bilingual education shall create a Bilingual
10Advisory Committee or recognize an existing Bilingual Advisory
11Committee as a standing committee. The Chair and a majority of
12the members of the advisory committee shall be parents of
13students in the bilingual education program. The parents on
14the advisory committee shall be selected by parents of
15students in the bilingual education program, and the committee
16shall select a Chair. The advisory committee for each
17secondary attendance center shall include at least one
18full-time bilingual education student. The Bilingual Advisory
19Committee shall serve only in an advisory capacity to the
20local school council.
21    (g) Local school councils may utilize the services of an
22arbitration board to resolve intra-council disputes.
23(Source: P.A. 101-643, eff. 6-18-20.)
 
24    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
25    Sec. 34-2.4b. Limitation upon applicability. The

 

 

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1provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4
2and 34-8.3, and those provisions of paragraph 1 of Section
334-18 and paragraph (c) of Section 34A-201a relating to the
4allocation or application -- by formula or otherwise -- of
5lump sum amounts and other funds to attendance centers, shall
6not apply to attendance centers that have applied for and been
7designated as a "Small School" by the Board, the Cook County
8Juvenile Detention Center and Cook County Jail schools, nor to
9the district's alternative schools for pregnant girls, nor to
10alternative schools established under Article 13A, nor to a
11contract school, nor to the Michael R. Durso School, the
12Jackson Adult Center, the Hillard Adult Center, the
13Alternative Transitional School, or any other attendance
14center designated by the Board as an alternative school,
15provided that the designation is not applied to an attendance
16center that has in place a legally constituted local school
17council, except for contract turnaround schools. The board of
18education shall have and exercise with respect to those
19schools and with respect to the conduct, operation, affairs
20and budgets of those schools, and with respect to the
21principals, teachers and other school staff there employed,
22the same powers which are exercisable by local school councils
23with respect to the other attendance centers, principals,
24teachers and school staff within the district, together with
25all powers and duties generally exercisable by the board of
26education with respect to all attendance centers within the

 

 

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1district. The board of education shall develop appropriate
2alternative methods for involving parents, community members
3and school staff to the maximum extent possible in all of the
4activities of those schools, and may delegate to the parents,
5community members and school staff so involved the same powers
6which are exercisable by local school councils with respect to
7other attendance centers.
8(Source: P.A. 96-105, eff. 7-30-09.)
 
9    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
10    Sec. 34-8.3. Remediation and probation of attendance
11centers.
12    (a) The general superintendent shall monitor the
13performance of the attendance centers within the district and
14shall identify attendance centers, pursuant to criteria that
15the board shall establish, in which:
16        (1) there is a failure to develop, implement, or
17    comply with a school improvement plan;
18        (2) there is a pervasive breakdown in the educational
19    program as indicated by factors, including, but not
20    limited to, the absence of improvement in student reading
21    and math achievement scores, an increased drop-out rate, a
22    decreased graduation rate, and a decrease in rate of
23    student attendance;
24        (3) (blank); or
25        (4) there is a failure or refusal to comply with the

 

 

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1    provisions of this Act, other applicable laws, collective
2    bargaining agreements, court orders, or with Board rules
3    which the Board is authorized to promulgate.
4    (b) If the general superintendent identifies a
5nonperforming school as described herein, he or she shall
6place the attendance center on remediation by developing a
7remediation plan for the center. The purpose of the
8remediation plan shall be to correct the deficiencies in the
9performance of the attendance center by one or more of the
10following methods:
11        (1) drafting a new school improvement plan;
12        (2) applying to the board for additional funding for
13    training for the local school council;
14        (3) directing implementation of a school improvement
15    plan;
16        (4) mediating disputes or other obstacles to reform or
17    improvement at the attendance center.
18    Nothing in this Section removes any authority of the local
19school council, which shall retain the right to reject or
20modify any school improvement plan or implementation thereof.
21    If, however, the general superintendent determines that
22the problems are not able to be remediated by these methods,
23the general superintendent shall place the attendance center
24on probation. The board shall establish guidelines that
25determine the factors for placing an attendance center on
26probation.

 

 

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1    (c) Each school placed on probation shall have a school
2improvement plan and school budget for correcting deficiencies
3identified by the board. The plan shall include specific steps
4that the local school council and school staff must take to
5correct identified deficiencies and specific objective
6criteria by which the school's subsequent progress will be
7determined. The school budget shall include specific
8expenditures directly calculated to correct educational and
9operational deficiencies identified at the school by the
10probation team.
11    (d) Schools placed on probation that, after a maximum of
12one year, fail to make adequate progress in correcting
13deficiencies are subject to the following actions by the
14general superintendent with the approval of the board, after
15opportunity for a hearing:
16        (1) (Blank). Ordering new local school council
17    elections.
18        (2) Removing and replacing the principal.
19        (3) Replacement of faculty members, subject to the
20    provisions of Section 24A-5.
21        (4) Reconstitution of the attendance center and
22    replacement and reassignment by the general superintendent
23    of all employees of the attendance center.
24        (5) Intervention under Section 34-8.4.
25        (5.5) Operating an attendance center as a contract
26    turnaround school.

 

 

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1        (6) Closing of the school.
2    (e) Schools placed on probation shall remain on probation
3from year to year until deficiencies are corrected, even if
4such schools make acceptable annual progress. The board shall
5establish, in writing, criteria for determining whether or not
6a school shall remain on probation. If academic achievement
7tests are used as the factor for placing a school on probation,
8the general superintendent shall consider objective criteria,
9not just an increase in test scores, in deciding whether or not
10a school shall remain on probation. These criteria shall
11include attendance, test scores, student mobility rates,
12poverty rates, bilingual education eligibility, special
13education, and English language proficiency programs, with
14progress made in these areas being taken into consideration in
15deciding whether or not a school shall remain on probation.
16Such criteria shall be delivered to each local school council
17on or before August 1 of each year.
18    (f) Where the board has reason to believe that violations
19of civil rights, or of civil or criminal law have occurred, or
20when the general superintendent deems that the school is in
21educational crisis it may take immediate corrective action,
22including the actions specified in this Section, without first
23placing the school on remediation or probation. Nothing
24described herein shall limit the authority of the board as
25provided by any law of this State. The board shall develop
26criteria governing the determination regarding when a school

 

 

10200SB2042sam001- 25 -LRB102 16607 CMG 26279 a

1is in educational crisis. Such criteria shall be delivered to
2each local school council on or before August 1 of each year.
3    (g) All persons serving as subdistrict superintendent on
4May 1, 1995 shall be deemed by operation of law to be serving
5under a performance contract which expires on June 30, 1995,
6and the employment of each such person as subdistrict
7superintendent shall terminate on June 30, 1995. The board
8shall have no obligation to compensate any such person as a
9subdistrict superintendent after June 30, 1995.
10    (h) The general superintendent shall, in consultation with
11local school councils, conduct an annual evaluation of each
12principal in the district pursuant to guidelines promulgated
13by the Board of Education.
14(Source: P.A. 96-105, eff. 7-30-09.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".