Full Text of SB0148 102nd General Assembly
SB0148eng 102ND GENERAL ASSEMBLY |
| | SB0148 Engrossed | | LRB102 10971 CMG 16303 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 34-2.1 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 - | 8 | | Voter-Eligibility
- Elections - Terms. | 9 | | (a) A local school council shall be established for each | 10 | | attendance
center within the school district. Each local | 11 | | school council shall
consist of the following 12 voting | 12 | | members: the principal of the
attendance center, 2 teachers | 13 | | employed and assigned to perform the
majority of their | 14 | | employment duties at the attendance center, 6 parents of
| 15 | | students currently enrolled at the attendance center, one | 16 | | employee of the school district employed and assigned to | 17 | | perform the majority of his or her employment duties at the | 18 | | attendance center who is not a teacher, and 2 community
| 19 | | residents. Neither the parents nor the community residents who | 20 | | serve as
members of the local school council shall be | 21 | | employees of the Board of
Education. In each secondary | 22 | | attendance center, the local school council
shall consist of | 23 | | 13 voting members -- the 12 voting members described above
and |
| | | SB0148 Engrossed | - 2 - | LRB102 10971 CMG 16303 b |
|
| 1 | | one full-time student member, appointed as provided in | 2 | | subsection
(m) below.
In the event that the chief executive | 3 | | officer of the Chicago School Reform
Board of Trustees | 4 | | determines that a local school council is not carrying out
its | 5 | | financial duties effectively, the chief executive officer is | 6 | | authorized to
appoint a representative of the business | 7 | | community with experience in finance
and management
to serve | 8 | | as an advisor to the local school council for
the purpose of | 9 | | providing advice and assistance to the local school council on
| 10 | | fiscal matters.
The advisor shall have access to relevant | 11 | | financial records of the
local school council. The advisor may | 12 | | attend executive sessions.
The chief executive officer shall
| 13 | | issue a written policy defining the circumstances under which | 14 | | a local school
council is not carrying out its financial | 15 | | duties effectively.
| 16 | | (b) Within 7 days of January 11, 1991, the Mayor shall | 17 | | appoint the
members and officers (a Chairperson who shall be a | 18 | | parent member and a
Secretary) of each local school council | 19 | | who shall hold their offices until
their successors shall be | 20 | | elected and qualified. Members so appointed shall
have all the | 21 | | powers and duties of local school councils as set forth in
this | 22 | | amendatory Act of 1991. The Mayor's appointments shall not | 23 | | require
approval by the City Council.
| 24 | | The membership of each local school council shall be | 25 | | encouraged to be
reflective of the racial and ethnic | 26 | | composition of the student population
of the attendance center |
| | | SB0148 Engrossed | - 3 - | LRB102 10971 CMG 16303 b |
|
| 1 | | served by the local school council.
| 2 | | (c) Beginning with the 1995-1996 school year and in every | 3 | | even-numbered
year thereafter, the Board shall set second | 4 | | semester Parent Report Card
Pick-up Day for Local School | 5 | | Council elections and may schedule elections at
year-round | 6 | | schools for the same dates as the remainder of the school | 7 | | system.
Elections shall be
conducted as provided herein by the | 8 | | Board of Education in consultation with
the local school | 9 | | council at each attendance center. | 10 | | (c-5) Notwithstanding subsection (c), for the local school | 11 | | council election set for the 2019-2020 school year, the Board | 12 | | may hold the election on the first semester Parent Report Card | 13 | | Pick-up Day of the 2020-2021 school year, making any necessary | 14 | | modifications to the election process or date to comply with | 15 | | guidance from the Department of Public Health and the federal | 16 | | Centers for Disease Control and Prevention. The terms of | 17 | | office of all local school council members eligible to serve | 18 | | and seated on or after March 23, 2020 through January 10, 2021 | 19 | | are extended through January 10, 2021, provided that the | 20 | | members continue to meet eligibility requirements for local | 21 | | school council membership.
| 22 | | (d) Beginning with the 1995-96 school year, the following
| 23 | | procedures shall apply to the election of local school council | 24 | | members at each
attendance center:
| 25 | | (i) The elected members of each local school council | 26 | | shall consist of
the 6 parent members and the 2 community |
| | | SB0148 Engrossed | - 4 - | LRB102 10971 CMG 16303 b |
|
| 1 | | resident members.
| 2 | | (ii) Each elected member shall be elected by the | 3 | | eligible voters of
that attendance center to serve for a | 4 | | two-year term
commencing on July 1
immediately following | 5 | | the election described in subsection
(c), except that the | 6 | | terms of members elected to a local school council under | 7 | | subsection (c-5) shall commence on January 11, 2021 and | 8 | | end on July 1, 2022. Eligible
voters for each attendance | 9 | | center shall consist of the parents and community
| 10 | | residents for that attendance center.
| 11 | | (iii) Each eligible voter shall be entitled
to cast | 12 | | one vote for up to
a total of 5 candidates, irrespective of | 13 | | whether such candidates are parent
or community resident | 14 | | candidates.
| 15 | | (iv) Each parent voter shall be entitled to vote in | 16 | | the local
school
council election at each attendance | 17 | | center in which he or she has a child
currently enrolled. | 18 | | Each community resident voter shall be entitled to
vote in | 19 | | the local school council election at each attendance | 20 | | center for
which he or she resides in the applicable | 21 | | attendance area or voting
district, as the case may be.
| 22 | | (v) Each eligible voter shall be entitled to vote | 23 | | once, but
not more
than once, in the local school council | 24 | | election at each attendance center
at which the voter is | 25 | | eligible to vote.
| 26 | | (vi) The 2 teacher members and the non-teacher |
| | | SB0148 Engrossed | - 5 - | LRB102 10971 CMG 16303 b |
|
| 1 | | employee member of each local school council
shall be
| 2 | | appointed as provided in subsection (l) below each to | 3 | | serve for a
two-year
term coinciding with that of the | 4 | | elected parent and community resident
members. From March | 5 | | 23, 2020 through January 10, 2021, the chief executive | 6 | | officer or his or her designee may make accommodations to | 7 | | fill the vacancy of a teacher or non-teacher employee | 8 | | member of a local school council.
| 9 | | (vii) At secondary attendance centers, the voting | 10 | | student
member shall
be appointed as provided in | 11 | | subsection (m) below to serve
for a one-year term | 12 | | coinciding with the beginning of the terms of the elected
| 13 | | parent and community members of the local school council. | 14 | | For the 2020-2021 school year, the chief executive officer | 15 | | or his or her designee may make accommodations to fill the | 16 | | vacancy of a student member of a local school council.
| 17 | | (e) The Council shall publicize the date and place of the | 18 | | election by
posting notices at the attendance center, in | 19 | | public places within the
attendance boundaries of the | 20 | | attendance center and by distributing notices
to the pupils at | 21 | | the attendance center, and shall utilize such other means
as | 22 | | it deems necessary to maximize the involvement of all eligible | 23 | | voters.
| 24 | | (f) Nomination. The Council shall publicize the opening of | 25 | | nominations
by posting notices at the attendance center, in | 26 | | public places within the
attendance boundaries of the |
| | | SB0148 Engrossed | - 6 - | LRB102 10971 CMG 16303 b |
|
| 1 | | attendance center and by distributing notices
to the pupils at | 2 | | the attendance center, and shall utilize such other means
as | 3 | | it deems necessary to maximize the involvement of all eligible | 4 | | voters.
Not less than 2 weeks before the election date, | 5 | | persons eligible to run for
the Council shall submit their | 6 | | name,
date of birth, social
security number, if
available,
and | 7 | | some evidence of eligibility
to the Council. The Council shall | 8 | | encourage nomination of candidates
reflecting the | 9 | | racial/ethnic population of the students at the attendance
| 10 | | center. Each person nominated who runs as a candidate shall | 11 | | disclose, in a
manner determined by the Board, any economic | 12 | | interest held by such person,
by such person's spouse or | 13 | | children, or by each business entity in which
such person has | 14 | | an ownership interest, in any contract with the Board, any
| 15 | | local school council or any public school in the school
| 16 | | district.
Each person
nominated who runs as a candidate shall | 17 | | also disclose, in a manner determined
by the Board, if he or | 18 | | she ever has been convicted of any of the offenses
specified in | 19 | | subsection (c) of Section 34-18.5; provided that neither this
| 20 | | provision nor any other provision of this Section shall be | 21 | | deemed to require
the disclosure of any information that is | 22 | | contained in any law enforcement
record or juvenile court | 23 | | record that is confidential or whose accessibility or
| 24 | | disclosure is restricted or prohibited under Section 5-901 or
| 25 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | 26 | | disclosure shall render a person ineligible
for election or to |
| | | SB0148 Engrossed | - 7 - | LRB102 10971 CMG 16303 b |
|
| 1 | | serve on the local school council. The same
disclosure shall | 2 | | be
required of persons under consideration for appointment to | 3 | | the Council
pursuant to subsections (l) and (m) of this | 4 | | Section.
| 5 | | Upon the election or appointment of a local school council | 6 | | member, the school district shall perform a check of the Dru | 7 | | Sjodin National Sex Offender Public Website, the Statewide Sex | 8 | | Offender Database, and the Statewide Murderer and Violent | 9 | | Offender Against Youth Database. An individual is ineligible | 10 | | for election or appointment to a local school council if he or | 11 | | she appears on the Dru Sjodin National Sex Offender Public | 12 | | Website or the Statewide Sex Offender Database or Statewide | 13 | | Murderer and Violent Offender Against Youth Database under | 14 | | Section 34-18.5. If the general superintendent determines at | 15 | | any time that a local school council member or member-elect | 16 | | appears on the Dru Sjodin National Sex Offender Public Website | 17 | | or the Statewide Sex Offender Database or Statewide Murderer | 18 | | and Violent Offender Against Youth Database, the general | 19 | | superintendent must notify the local school council member or | 20 | | member-elect of such determination and the local school | 21 | | council member or member-elect must be removed from the local | 22 | | school council by the board, subject to a hearing, convened | 23 | | pursuant to board rule, prior to removal. | 24 | | Notwithstanding any other provision of law to the | 25 | | contrary, a local school council member must comply with all | 26 | | applicable board rules and policies regarding employees or |
| | | SB0148 Engrossed | - 8 - | LRB102 10971 CMG 16303 b |
|
| 1 | | volunteers. | 2 | | (f-5) (Blank). Notwithstanding disclosure, a person who | 3 | | has been convicted of any
of
the
following offenses at any time | 4 | | shall be ineligible for election or appointment
to a local
| 5 | | school council and ineligible for appointment to a local | 6 | | school council
pursuant to
subsections (l) and (m) of this | 7 | | Section: (i) those defined in Section 11-1.20, 11-1.30, | 8 | | 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
| 9 | | 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, | 10 | | 12-13, 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) | 11 | | of Section 11-14.3, of the
Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, or (ii) any offense committed or | 13 | | attempted in any other
state or
against the laws of the United | 14 | | States, which, if committed or attempted in this
State,
would | 15 | | have been punishable as one or more of the foregoing offenses.
| 16 | | Notwithstanding
disclosure, a person who has been convicted of | 17 | | any of the following offenses
within the
10 years previous to | 18 | | the date of nomination or appointment shall be ineligible
for | 19 | | election or
appointment to a local school council:
(i) those | 20 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois | 21 | | Controlled
Substances Act or (ii) any
offense committed
or | 22 | | attempted in any other state or against the laws of the United | 23 | | States,
which, if
committed or attempted in this State, would | 24 | | have been punishable as one or more
of the
foregoing offenses.
| 25 | | Immediately upon election or appointment, incoming local | 26 | | school
council members
shall be
required to undergo a criminal |
| | | SB0148 Engrossed | - 9 - | LRB102 10971 CMG 16303 b |
|
| 1 | | background investigation, to be completed prior
to the member | 2 | | taking office,
in order to identify
any criminal convictions | 3 | | under the offenses enumerated in Section 34-18.5.
The | 4 | | investigation shall be conducted by the Department of State | 5 | | Police in the
same manner as provided for in Section 34-18.5. | 6 | | However, notwithstanding
Section 34-18.5, the social security | 7 | | number shall be provided only if
available.
If it is | 8 | | determined at any time that a local school council member or
| 9 | | member-elect has been convicted
of any of the offenses | 10 | | enumerated in this Section or failed to disclose a
conviction | 11 | | of any of the offenses enumerated in Section 34-18.5, the | 12 | | general
superintendent shall notify the local school council | 13 | | member or member-elect of
such
determination and the local | 14 | | school council member or member-elect shall be
removed from | 15 | | the
local school council by the Board, subject to a hearing,
| 16 | | convened pursuant to Board rule, prior to removal.
| 17 | | (g) At least one week before the election date, the | 18 | | Council shall
publicize, in the manner provided in subsection | 19 | | (e), the names of persons
nominated for election.
| 20 | | (h) Voting shall be in person by secret ballot at the | 21 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| 22 | | (i) Candidates receiving the highest number of votes shall | 23 | | be declared
elected by the Council. In cases of a tie, the | 24 | | Council shall determine the
winner by lot.
| 25 | | (j) The Council shall certify the results of the election | 26 | | and shall
publish the results in the minutes of the Council.
|
| | | SB0148 Engrossed | - 10 - | LRB102 10971 CMG 16303 b |
|
| 1 | | (k) The general superintendent shall resolve any
disputes
| 2 | | concerning election procedure or results and shall ensure | 3 | | that, except as
provided in subsections (e) and (g), no | 4 | | resources of any attendance center
shall be used to endorse or | 5 | | promote any candidate.
| 6 | | (l) Beginning with the 1995-1996 school year
and in every
| 7 | | even numbered
year thereafter, the Board shall appoint 2 | 8 | | teacher
members to each
local school council. These | 9 | | appointments shall be made in the following
manner:
| 10 | | (i) The Board shall appoint 2 teachers who are
| 11 | | employed and assigned to
perform the majority of
their | 12 | | employment duties at the attendance center
to serve on the | 13 | | local school council of the attendance center for a | 14 | | two-year
term coinciding with the terms of the elected | 15 | | parent and
community members of that local school council. | 16 | | These
appointments shall be made from among those teachers | 17 | | who are nominated in
accordance with subsection (f).
| 18 | | (ii) A non-binding, advisory poll to ascertain the
| 19 | | preferences of the
school staff regarding appointments of | 20 | | teachers to the local school council
for that attendance | 21 | | center shall be conducted in accordance with the
| 22 | | procedures used to elect parent and community Council | 23 | | representatives. At
such poll, each member of the school | 24 | | staff shall be entitled to indicate
his or her preference | 25 | | for up to 2 candidates from among those who submitted
| 26 | | statements of candidacy as described above. These |
| | | SB0148 Engrossed | - 11 - | LRB102 10971 CMG 16303 b |
|
| 1 | | preferences shall be
advisory only and the Board shall | 2 | | maintain absolute discretion to appoint
teacher members to | 3 | | local school councils, irrespective of the preferences
| 4 | | expressed in any such poll.
| 5 | | (iii) In the event that a teacher representative is | 6 | | unable to perform
his or her employment duties at the | 7 | | school due to illness, disability, leave of
absence, | 8 | | disciplinary action, or any other reason, the Board shall | 9 | | declare
a temporary vacancy and appoint a replacement | 10 | | teacher representative to serve
on the local school | 11 | | council until such time as the teacher member originally
| 12 | | appointed pursuant to this subsection (l) resumes service | 13 | | at the attendance
center or for the remainder of the term. | 14 | | The replacement teacher
representative shall be appointed | 15 | | in the same manner and by the same procedures
as teacher | 16 | | representatives are appointed in subdivisions (i) and (ii) | 17 | | of this
subsection (l).
| 18 | | (m) Beginning with the 1995-1996 school year, and in every
| 19 | | year thereafter, the Board shall appoint one student member to | 20 | | each
secondary attendance center. These appointments shall be | 21 | | made in the
following manner:
| 22 | | (i) Appointments shall be made from among those | 23 | | students who submit
statements of candidacy to the | 24 | | principal of the attendance center, such
statements to be | 25 | | submitted commencing on the first day of the twentieth
| 26 | | week of school and
continuing for 2 weeks thereafter. The |
| | | SB0148 Engrossed | - 12 - | LRB102 10971 CMG 16303 b |
|
| 1 | | form and manner of such candidacy
statements shall be | 2 | | determined by the Board.
| 3 | | (ii) During the twenty-second week of school in every | 4 | | year,
the principal of
each attendance center shall | 5 | | conduct a non-binding, advisory poll to
ascertain the | 6 | | preferences of the school students regarding the | 7 | | appointment
of a student to the local school council for | 8 | | that attendance center. At
such poll, each student shall | 9 | | be entitled to indicate his or her preference
for up to one | 10 | | candidate from among those who submitted statements of
| 11 | | candidacy as described above. The Board shall promulgate | 12 | | rules to ensure
that these non-binding, advisory polls are | 13 | | conducted in a fair and
equitable manner and maximize the | 14 | | involvement of all school students. The
preferences | 15 | | expressed in these non-binding, advisory polls shall be
| 16 | | transmitted by the principal to the Board. However, these | 17 | | preferences
shall be advisory only and the Board shall | 18 | | maintain absolute discretion to
appoint student members to | 19 | | local school councils, irrespective of the
preferences | 20 | | expressed in any such poll.
| 21 | | (iii) For the 1995-96 school year only, appointments | 22 | | shall be made from
among those students who submitted | 23 | | statements of candidacy to the principal
of the attendance | 24 | | center during the first 2 weeks of the school year.
The
| 25 | | principal shall communicate the results of any nonbinding, | 26 | | advisory poll to the
Board. These results shall be |
| | | SB0148 Engrossed | - 13 - | LRB102 10971 CMG 16303 b |
|
| 1 | | advisory only, and the Board shall maintain
absolute | 2 | | discretion to appoint student members to local school | 3 | | councils,
irrespective of the preferences expressed in any | 4 | | such poll.
| 5 | | (n) The Board may promulgate such other rules and | 6 | | regulations for
election procedures as may be deemed necessary | 7 | | to ensure fair elections.
| 8 | | (o) In the event that a vacancy occurs during a member's | 9 | | term, the
Council shall appoint a person eligible to serve on | 10 | | the Council, to fill
the unexpired term created by the | 11 | | vacancy, except that any teacher vacancy
shall be filled by | 12 | | the Board after considering the preferences of the school
| 13 | | staff as ascertained through a non-binding advisory poll of | 14 | | school staff.
| 15 | | (p) If less than the specified number of persons is | 16 | | elected within each
candidate category, the newly elected | 17 | | local school council shall appoint
eligible persons to serve | 18 | | as members of the Council for two-year terms.
| 19 | | (q) The Board shall promulgate rules regarding conflicts | 20 | | of interest
and disclosure of economic interests which shall | 21 | | apply to local school
council members and which shall require | 22 | | reports or statements to be filed
by Council members at | 23 | | regular intervals with the Secretary of the
Board. Failure to | 24 | | comply with such rules
or intentionally falsifying such | 25 | | reports shall be grounds for
disqualification from local | 26 | | school council membership. A vacancy on the
Council for |
| | | SB0148 Engrossed | - 14 - | LRB102 10971 CMG 16303 b |
|
| 1 | | disqualification may be so declared by the Secretary of the
| 2 | | Board. Rules regarding conflicts of interest and disclosure of
| 3 | | economic interests promulgated by the Board shall apply to | 4 | | local school council
members. No less than 45 days prior to the | 5 | | deadline, the general
superintendent shall provide notice, by | 6 | | mail, to each local school council
member of all requirements | 7 | | and forms for compliance with economic interest
statements.
| 8 | | (r) (1) If a parent member of a local school council ceases | 9 | | to have any
child
enrolled in the attendance center governed | 10 | | by the Local School Council due to
the graduation or voluntary | 11 | | transfer of a child or children from the attendance
center, | 12 | | the parent's membership on the Local School Council and all | 13 | | voting
rights are terminated immediately as of the date of the | 14 | | child's graduation or
voluntary transfer. If the child of a | 15 | | parent member of a local school council dies during the | 16 | | member's term in office, the member may continue to serve on | 17 | | the local school council for the balance of his or her term. | 18 | | Further,
a local school council member may be removed from the | 19 | | Council by a
majority vote of the Council as provided in | 20 | | subsection (c) of Section
34-2.2 if the Council member has | 21 | | missed 3 consecutive regular meetings, not
including committee | 22 | | meetings, or 5 regular meetings in a 12 month period,
not | 23 | | including committee meetings.
If a parent member of a local | 24 | | school council ceases to be eligible to serve
on the Council | 25 | | for any other reason, he or she shall be removed by the Board
| 26 | | subject
to a hearing, convened pursuant to Board rule, prior |
| | | SB0148 Engrossed | - 15 - | LRB102 10971 CMG 16303 b |
|
| 1 | | to removal.
A vote to remove a Council member by the local | 2 | | school council shall
only be valid if the Council member has | 3 | | been notified personally or by
certified mail, mailed to the | 4 | | person's last known address, of the Council's
intent to vote | 5 | | on the Council member's removal at least 7 days prior to the
| 6 | | vote. The Council member in question shall have the right to | 7 | | explain
his or her actions and shall be eligible to vote on the
| 8 | | question of his or her removal from the Council. The | 9 | | provisions of this
subsection shall be contained within the | 10 | | petitions used to nominate Council
candidates.
| 11 | | (2) A person may continue to serve as a community resident | 12 | | member of a
local
school council as long as he or she resides | 13 | | in the attendance area served by
the
school and is not employed | 14 | | by the Board nor is a parent of a student enrolled
at the | 15 | | school. If a community resident member ceases to be eligible | 16 | | to serve
on the Council, he or she shall be removed by the | 17 | | Board subject to a hearing,
convened pursuant to Board rule, | 18 | | prior to removal.
| 19 | | (3) A person may continue to serve as a teacher member of a | 20 | | local school
council as long as he or she is employed and | 21 | | assigned to perform a majority of
his or her duties at the | 22 | | school, provided that if the teacher representative
resigns | 23 | | from employment with the Board or
voluntarily transfers to | 24 | | another school, the teacher's membership on the local
school | 25 | | council and all voting rights are terminated immediately as of | 26 | | the date
of the teacher's resignation or upon the date of the |
| | | SB0148 Engrossed | - 16 - | LRB102 10971 CMG 16303 b |
|
| 1 | | teacher's voluntary
transfer to another school. If a teacher | 2 | | member of a local school council
ceases to be eligible to serve | 3 | | on a local school council for any other reason,
that member | 4 | | shall be removed by the Board subject to a hearing, convened
| 5 | | pursuant to Board rule, prior to removal. | 6 | | (s) As used in this Section only, "community resident" | 7 | | means a person, 17 years of age or older, residing within an | 8 | | attendance area served by a school, excluding any person who | 9 | | is a parent of a student enrolled in that school; provided that | 10 | | with respect to any multi-area school, community resident | 11 | | means any person, 17 years of age or older, residing within the | 12 | | voting district established for that school pursuant to | 13 | | Section 34-2.1c, excluding any person who is a parent of a | 14 | | student enrolled in that school. This definition does not | 15 | | apply to any provisions concerning school boards.
| 16 | | (Source: P.A. 101-643, eff. 6-18-20.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law. |
|