Illinois General Assembly - Full Text of SB2042
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Full Text of SB2042  102nd General Assembly

SB2042sam002 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, including public small schools
12within the district. Each local school council shall consist
13of the following 12 voting members: the principal of the
14attendance center, 2 teachers employed and assigned to perform
15the majority of their employment duties at the attendance
16center, 6 parents of students currently enrolled at the

 

 

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1attendance center, one employee of the school district
2employed and assigned to perform the majority of his or her
3employment duties at the attendance center who is not a
4teacher, and 2 community residents. Neither the parents nor
5the community residents who serve as members of the local
6school council shall be employees of the Board of Education.
7In each secondary attendance center, the local school council
8shall consist of 13 voting members -- the 12 voting members
9described above and one full-time student member, appointed as
10provided in subsection (m) below. In each attendance center
11enrolling students in 7th or 8th grade, one full-time student
12member shall be appointed as provided in subsection (m) of
13this Section. In the event that the chief executive officer of
14the Chicago School Reform Board of Trustees determines that a
15local school council is not carrying out its financial duties
16effectively, the chief executive officer is authorized to
17appoint a representative of the business community with
18experience in finance and management to serve as an advisor to
19the local school council for the purpose of providing advice
20and assistance to the local school council on fiscal matters.
21The advisor shall have access to relevant financial records of
22the local school council. The advisor may attend executive
23sessions. The chief executive officer shall issue a written
24policy defining the circumstances under which a local school
25council is not carrying out its financial duties effectively.
26    (b) Within 7 days of January 11, 1991, the Mayor shall

 

 

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

 

 

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

 

 

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

 

 

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1    vacancy of a student member of a local school council.
2    (e) The Council shall publicize the date and place of the
3election by posting notices at the attendance center, in
4public places within the attendance boundaries of the
5attendance center and by distributing notices to the pupils at
6the attendance center, and shall utilize such other means as
7it deems necessary to maximize the involvement of all eligible
8voters.
9    (f) Nomination. The Council shall publicize the opening of
10nominations by posting notices at the attendance center, in
11public places within the attendance boundaries of the
12attendance center and by distributing notices to the pupils at
13the attendance center, and shall utilize such other means as
14it deems necessary to maximize the involvement of all eligible
15voters. Not less than 2 weeks before the election date,
16persons eligible to run for the Council shall submit their
17name, date of birth, social security number, if available, and
18some evidence of eligibility to the Council. The Council shall
19encourage nomination of candidates reflecting the
20racial/ethnic population of the students at the attendance
21center. Each person nominated who runs as a candidate shall
22disclose, in a manner determined by the Board, any economic
23interest held by such person, by such person's spouse or
24children, or by each business entity in which such person has
25an ownership interest, in any contract with the Board, any
26local school council or any public school in the school

 

 

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1district. Each person nominated who runs as a candidate shall
2also disclose, in a manner determined by the Board, if he or
3she ever has been convicted of any of the offenses specified in
4subsection (c) of Section 34-18.5; provided that neither this
5provision nor any other provision of this Section shall be
6deemed to require the disclosure of any information that is
7contained in any law enforcement record or juvenile court
8record that is confidential or whose accessibility or
9disclosure is restricted or prohibited under Section 5-901 or
105-905 of the Juvenile Court Act of 1987. Failure to make such
11disclosure shall render a person ineligible for election or to
12serve on the local school council. The same disclosure shall
13be required of persons under consideration for appointment to
14the Council pursuant to subsections (l) and (m) of this
15Section.
16    (f-5) Notwithstanding disclosure, a person who has been
17convicted of any of the following offenses at any time shall be
18ineligible for election or appointment to a local school
19council and ineligible for appointment to a local school
20council pursuant to subsections (l) and (m) of this Section:
21(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
2211-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
2311-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
2412-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
25Section 11-14.3, of the Criminal Code of 1961 or the Criminal
26Code of 2012, or (ii) any offense committed or attempted in any

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    absolute discretion to appoint student members to local
2    school councils, irrespective of the preferences expressed
3    in any such poll.
4    (n) The Board may promulgate such other rules and
5regulations for election procedures as may be deemed necessary
6to ensure fair elections.
7    (o) In the event that a vacancy occurs during a member's
8term, the Council shall appoint a person eligible to serve on
9the Council, to fill the unexpired term created by the
10vacancy, except that any teacher vacancy shall be filled by
11the Board after considering the preferences of the school
12staff as ascertained through a non-binding advisory poll of
13school staff.
14    (p) If less than the specified number of persons is
15elected within each candidate category, the newly elected
16local school council shall appoint eligible persons to serve
17as members of the Council for two-year terms.
18    (q) The Board shall promulgate rules regarding conflicts
19of interest and disclosure of economic interests which shall
20apply to local school council members and which shall require
21reports or statements to be filed by Council members at
22regular intervals with the Secretary of the Board. Failure to
23comply with such rules or intentionally falsifying such
24reports shall be grounds for disqualification from local
25school council membership. A vacancy on the Council for
26disqualification may be so declared by the Secretary of the

 

 

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1Board. Rules regarding conflicts of interest and disclosure of
2economic interests promulgated by the Board shall apply to
3local school council members. No less than 45 days prior to the
4deadline, the general superintendent shall provide notice, by
5mail, to each local school council member of all requirements
6and forms for compliance with economic interest statements.
7    (r) (1) If a parent member of a local school council ceases
8to have any child enrolled in the attendance center governed
9by the Local School Council due to the graduation or voluntary
10transfer of a child or children from the attendance center,
11the parent's membership on the Local School Council and all
12voting rights are terminated immediately as of the date of the
13child's graduation or voluntary transfer. If the child of a
14parent member of a local school council dies during the
15member's term in office, the member may continue to serve on
16the local school council for the balance of his or her term.
17Further, a local school council member may be removed from the
18Council by a majority vote of the Council as provided in
19subsection (c) of Section 34-2.2 if the Council member has
20missed 3 consecutive regular meetings, not including committee
21meetings, or 5 regular meetings in a 12 month period, not
22including committee meetings. If a parent member of a local
23school council ceases to be eligible to serve on the Council
24for any other reason, he or she shall be removed by the Board
25subject to a hearing, convened pursuant to Board rule, prior
26to removal. A vote to remove a Council member by the local

 

 

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

 

 

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

 

 

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1by the members of such council as its chairperson, and a
2secretary shall be selected by the members of such council
3from among their number, each to serve a term of one year.
4However, an organizational meeting held by members elected to
5a local school council under subsection (c-5) of Section
634-2.1 may be held no sooner than January 11, 2021 and no later
7than January 31, 2021. Whenever a vacancy in the office of
8chairperson or secretary of a local school council shall
9occur, a new chairperson (who shall be a parent member) or
10secretary, as the case may be, shall be elected by the members
11of the local school council from among their number to serve as
12such chairperson or secretary for the unexpired term of office
13in which the vacancy occurs. At each annual organizational
14meeting, the time and place of any regular meetings of the
15local school council shall be fixed. Special meetings of the
16local school council may be called by the chairperson or by any
174 members by giving notice thereof in writing, specifying the
18time, place and purpose of the meeting. Public notice of
19meetings shall also be given in accordance with the Open
20Meetings Act.
21    (b) Members and officers of the local school council shall
22serve without compensation and without reimbursement of any
23expenses incurred in the performance of their duties, except
24that the board of education may by rule establish a procedure
25and thereunder provide for reimbursement of members and
26officers of local school councils for such of their reasonable

 

 

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1and necessary expenses (excluding any lodging or meal
2expenses) incurred in the performance of their duties as the
3board may deem appropriate.
4    (c) A majority of the full membership of the local school
5council shall constitute a quorum, and whenever a vote is
6taken on any measure before the local school council, a quorum
7being present, the affirmative vote of a majority of the votes
8of the full membership then serving of the local school
9council shall determine the outcome thereof; provided that
10whenever the measure before the local school council is (i)
11the evaluation of the principal, or (ii) the renewal of his or
12her performance contract or the inclusion of any provision or
13modification of the contract, or (iii) the direct selection by
14the local school council of a new principal (including a new
15principal to fill a vacancy) to serve under a 4 year
16performance contract, or (iv) the determination of the names
17of candidates to be submitted to the general superintendent
18for the position of principal, the principal and student
19member of a high school council shall not be counted for
20purposes of determining whether a quorum is present to act on
21the measure and shall have no vote thereon; and provided
22further that 7 affirmative votes of the local school council
23shall be required for the direct selection by the local school
24council of a new principal to serve under a 4 year performance
25contract but not for the renewal of a principal's performance
26contract.

 

 

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

 

 

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

 

 

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1teachers and school staff within the district, together with
2all powers and duties generally exercisable by the board of
3education with respect to all attendance centers within the
4district. The board of education shall develop appropriate
5alternative methods for involving parents, community members
6and school staff to the maximum extent possible in all of the
7activities of those schools, and may delegate to the parents,
8community members and school staff so involved the same powers
9which are exercisable by local school councils with respect to
10other attendance centers.
11    (b) The provisions of subsection (a) do not apply to the
12following schools:
13        (1) Telpochcalli.
14        (2) Ariel.
15        (3) Raby High School.
16        (4) Williams High School.
17        (5) Bronzeville High School.
18        (6) Infinity High School.
19        (7) Multicultural High School.
20        (8) Orr High School.
21        (9) Lindblom High School.
22        (10) World Language High School.
23        (11) Uplift High School.
24        (12) Tarkington.
25        (13) Suder.
26        (14) Frazier Prospective.

 

 

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1(Source: P.A. 96-105, eff. 7-30-09.)
 
2    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
3    Sec. 34-8.3. Remediation and probation of attendance
4centers.
5    (a) The general superintendent shall monitor the
6performance of the attendance centers within the district and
7shall identify attendance centers, pursuant to criteria that
8the board shall establish, in which:
9        (1) there is a failure to develop, implement, or
10    comply with a school improvement plan;
11        (2) there is a pervasive breakdown in the educational
12    program as indicated by factors, including, but not
13    limited to, the absence of improvement in student reading
14    and math achievement scores, an increased drop-out rate, a
15    decreased graduation rate, and a decrease in rate of
16    student attendance;
17        (3) (blank); or
18        (4) there is a failure or refusal to comply with the
19    provisions of this Act, other applicable laws, collective
20    bargaining agreements, court orders, or with Board rules
21    which the Board is authorized to promulgate.
22    (b) If the general superintendent identifies a
23nonperforming school as described herein, he or she shall
24place the attendance center on remediation by developing a
25remediation plan for the center. The purpose of the

 

 

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1remediation plan shall be to correct the deficiencies in the
2performance of the attendance center by one or more of the
3following methods:
4        (1) drafting a new school improvement plan;
5        (2) applying to the board for additional funding for
6    training for the local school council;
7        (3) directing implementation of a school improvement
8    plan;
9        (4) mediating disputes or other obstacles to reform or
10    improvement at the attendance center.
11    Nothing in this Section removes any authority of the local
12school council, which shall retain the right to reject or
13modify any school improvement plan or implementation thereof,
14as long as it is consistent with State and federal
15requirements.
16    If, however, the general superintendent determines that
17the problems are not able to be remediated by these methods,
18the general superintendent shall place the attendance center
19on probation. The board shall establish guidelines that
20determine the factors for placing an attendance center on
21probation.
22    (c) Each school placed on probation shall have a school
23improvement plan and school budget for correcting deficiencies
24identified by the board. The plan shall include specific steps
25that the local school council and school staff must take to
26correct identified deficiencies and specific objective

 

 

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1criteria by which the school's subsequent progress will be
2determined. The school budget shall include specific
3expenditures directly calculated to correct educational and
4operational deficiencies identified at the school by the
5probation team.
6    (d) Schools placed on probation that, after a maximum of
7one year, fail to make adequate progress in correcting
8deficiencies are subject to the following actions by the
9general superintendent with the approval of the board, after
10opportunity for a hearing:
11        (1) (Blank). Ordering new local school council
12    elections.
13        (2) Removing and replacing the principal.
14        (3) Replacement of faculty members, subject to the
15    provisions of Section 24A-5.
16        (4) Reconstitution of the attendance center and
17    replacement and reassignment by the general superintendent
18    of all employees of the attendance center.
19        (5) Intervention under Section 34-8.4.
20        (5.5) Operating an attendance center as a contract
21    turnaround school.
22        (6) Closing of the school.
23    (e) Schools placed on probation shall remain on probation
24from year to year until deficiencies are corrected, even if
25such schools make acceptable annual progress. The board shall
26establish, in writing, criteria for determining whether or not

 

 

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1a school shall remain on probation. If academic achievement
2tests are used as the factor for placing a school on probation,
3the general superintendent shall consider objective criteria,
4not just an increase in test scores, in deciding whether or not
5a school shall remain on probation. These criteria shall
6include attendance, test scores, student mobility rates,
7poverty rates, bilingual education eligibility, special
8education, and English language proficiency programs, with
9progress made in these areas being taken into consideration in
10deciding whether or not a school shall remain on probation.
11Such criteria shall be delivered to each local school council
12on or before August 1 of each year.
13    (e-5) Notwithstanding any other provision of this Section
14to the contrary, a school that has been on probation for 5
15years or more shall have the following powers restored to its
16local school council:
17        (1) to grant approval of the school improvement plan;
18    and
19        (2) to approve the school budget.
20    With respect to the employment, dismissal, and evaluation
21of a school principal, the local school council of a school
22that has been on probation for 5 years or more shall conduct a
23non-binding poll that must be considered by the network chief.
24The network chief shall work collaboratively with the local
25school council throughout the process.
26    (f) Where the board has reason to believe that violations

 

 

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1of civil rights, or of civil or criminal law have occurred, or
2when the general superintendent deems that the school is in
3educational crisis it may take immediate corrective action,
4including the actions specified in this Section, without first
5placing the school on remediation or probation. Nothing
6described herein shall limit the authority of the board as
7provided by any law of this State. The board shall develop
8criteria governing the determination regarding when a school
9is in educational crisis. Such criteria shall be delivered to
10each local school council on or before August 1 of each year.
11    (g) All persons serving as subdistrict superintendent on
12May 1, 1995 shall be deemed by operation of law to be serving
13under a performance contract which expires on June 30, 1995,
14and the employment of each such person as subdistrict
15superintendent shall terminate on June 30, 1995. The board
16shall have no obligation to compensate any such person as a
17subdistrict superintendent after June 30, 1995.
18    (h) The general superintendent shall, in consultation with
19local school councils, conduct an annual evaluation of each
20principal in the district pursuant to guidelines promulgated
21by the Board of Education.
22(Source: P.A. 96-105, eff. 7-30-09.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".