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90_HB1702ham001
LRB9004312THmbam01
1 AMENDMENT TO HOUSE BILL 1702
2 AMENDMENT NO. . Amend House Bill 1702 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Section
5 34-2.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 34-2.1 as follows:
10 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
11 Sec. 34-2.1. Local School Councils - Composition -
12 Voter-Eligibility - Elections - Terms.
13 (a) A local school council shall be established for each
14 attendance center within the school district. Each local
15 school council shall consist of the following 11 voting
16 members: the principal of the attendance center, 2 teachers
17 employed and assigned to perform the majority of their
18 employment duties at the attendance center, 6 parents of
19 students currently enrolled at the attendance center and 2
20 community residents. Neither the parents nor the community
21 residents who serve as members of the local school council
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1 shall be employees of the Board of Education. In each
2 secondary attendance center, the local school council shall
3 consist of 12 voting members -- the 11 voting members
4 described above and one full-time student member, appointed
5 as provided in subsection (m) below. The chief executive
6 officer of the Chicago School Reform Board of Trustees is
7 authorized to appoint a representative of the local business
8 community to serve, at the pleasure of the chief executive
9 officer, as a nonvoting member of a local school council. On
10 those local school councils on which such a nonvoting member
11 is appointed as an additional member of the council, he or
12 she shall have the right to attend and participate in
13 deliberations at all meetings and executive sessions of the
14 local school council and its committees but shall not be
15 considered a member for the purpose of determining a quorum
16 at any meeting of the local school council or any of its
17 committees. The nonvoting member so appointed shall have
18 access to all books and records of the local school council
19 and shall monitor, evaluate, or review the acts and decisions
20 of the council.
21 (b) Within 7 days of January 11, 1991, the Mayor shall
22 appoint the members and officers (a Chairperson who shall be
23 a parent member and a Secretary) of each local school council
24 who shall hold their offices until their successors shall be
25 elected and qualified. Members so appointed shall have all
26 the powers and duties of local school councils as set forth
27 in this amendatory Act of 1991. The Mayor's appointments
28 shall not require approval by the City Council.
29 The membership of each local school council shall be
30 encouraged to be reflective of the racial and ethnic
31 composition of the student population of the attendance
32 center served by the local school council.
33 (c) Beginning with the 1995-1996 school year and in
34 every even-numbered year thereafter, the Board shall set
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1 second semester Parent Report Card Pick-up Day for Local
2 School Council elections and may schedule elections at
3 year-round schools for the same dates as the remainder of the
4 school system. Elections shall be conducted as provided
5 herein by the Board of Education in consultation with the
6 local school council at each attendance center.
7 (d) Beginning with the 1995-96 school year, the
8 following procedures shall apply to the election of local
9 school council members at each attendance center:
10 (i) The elected members of each local school
11 council shall consist of the 6 parent members and the 2
12 community 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). Eligible
17 voters for each attendance center shall consist of the
18 parents and community residents for that attendance
19 center.
20 (iii) Each eligible voter shall be entitled to cast
21 one vote for up to a total of 5 candidates, irrespective
22 of whether such candidates are parent or community
23 resident candidates.
24 (iv) Each parent voter shall be entitled to vote in
25 the local school council election at each attendance
26 center in which he or she has a child currently enrolled.
27 Each community resident voter shall be entitled to vote
28 in the local school council election at each attendance
29 center for which he or she resides in the applicable
30 attendance area or voting district, as the case may be.
31 (v) Each eligible voter shall be entitled to vote
32 once, but not more than once, in the local school council
33 election at each attendance center at which the voter is
34 eligible to vote.
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1 (vi) The 2 teacher members of each local school
2 council shall be appointed as provided in subsection (l)
3 below each to serve for a two-year term coinciding with
4 that of the elected parent and community resident
5 members.
6 (vii) At secondary attendance centers, the voting
7 student member shall be appointed as provided in
8 subsection (m) below to serve for a one-year term
9 coinciding with the beginning of the terms of the elected
10 parent and community members of the local school council.
11 (e) The Council shall publicize the date and place of
12 the election by posting notices at the attendance center, in
13 public places within the attendance boundaries of the
14 attendance center and by distributing notices to the pupils
15 at the attendance center, and shall utilize such other means
16 as it deems necessary to maximize the involvement of all
17 eligible voters.
18 (f) Nomination. The Council shall publicize the opening
19 of nominations by posting notices at the attendance center,
20 in public places within the attendance boundaries of the
21 attendance center and by distributing notices to the pupils
22 at the attendance center, and shall utilize such other means
23 as it deems necessary to maximize the involvement of all
24 eligible voters. Not less than 2 weeks before the election
25 date, persons eligible to run for the Council shall submit
26 their name and some evidence of eligibility to the Council.
27 The Council shall encourage nomination of candidates
28 reflecting the racial/ethnic population of the students at
29 the attendance center. Each person nominated who runs as a
30 candidate shall disclose, in a manner determined by the
31 Board, any economic interest held by such person, by such
32 person's spouse or children, or by each business entity in
33 which such person has an ownership interest, in any contract
34 with the Board, any local school council or any public school
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1 in the school district. Each person nominated who runs as a
2 candidate shall also disclose, in a manner determined by the
3 Board, if he or she ever has been convicted of any of the
4 offenses specified in subsection (c) of Section 34-18.5;
5 provided that neither this provision nor any other provision
6 of this Section shall be deemed to require the disclosure of
7 any information that is contained in any law enforcement
8 record or juvenile court record that is confidential or whose
9 accessibility or disclosure is restricted or prohibited under
10 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
11 to make such disclosure shall render a person ineligible for
12 election to the local school council. The same disclosure
13 shall be required of persons under consideration for
14 appointment to the Council pursuant to subsections (l) and
15 (m) of this Section.
16 (g) At least one week before the election date, the
17 Council shall publicize, in the manner provided in subsection
18 (e), the names of persons nominated for election.
19 (h) Voting shall be in person by secret ballot at the
20 attendance center between the hours of 6:00 a.m. and 7:00
21 p.m.
22 (i) Candidates receiving the highest number of votes
23 shall be declared elected by the Council. In cases of a tie,
24 the Council shall determine the winner by lot.
25 (j) The Council shall certify the results of the
26 election and shall publish the results in the minutes of the
27 Council.
28 (k) The general superintendent shall resolve any
29 disputes concerning election procedure or results and shall
30 ensure that, except as provided in subsections (e) and (g),
31 no resources of any attendance center shall be used to
32 endorse or promote any candidate.
33 (l) Beginning with the 1995-1996 school year and in
34 every even numbered year thereafter, the Board shall appoint
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1 2 teacher members to each local school council. These
2 appointments shall be made in the following manner:
3 (i) The Board shall appoint 2 teachers who are
4 employed and assigned to perform the majority of their
5 employment duties at the attendance center to serve on
6 the local school council of the attendance center for a
7 two-year term coinciding with the terms of the elected
8 parent and community members of that local school
9 council. These appointments shall be made from among
10 those teachers who are nominated in accordance with
11 subsection (f).
12 (ii) A non-binding, advisory poll to ascertain the
13 preferences of the school staff regarding appointments of
14 teachers to the local school council for that attendance
15 center shall be conducted in accordance with the
16 procedures used to elect parent and community Council
17 representatives. At such poll, each member of the school
18 staff shall be entitled to indicate his or her preference
19 for up to 2 candidates from among those who submitted
20 statements of candidacy as described above. These
21 preferences shall be advisory only and the Board shall
22 maintain absolute discretion to appoint teacher members
23 to local school councils, irrespective of the preferences
24 expressed in any such poll.
25 (m) Beginning with the 1995-1996 school year, and in
26 every year thereafter, the Board shall appoint one student
27 member to each secondary attendance center. These
28 appointments shall be made in the following manner:
29 (i) Appointments shall be made from among those
30 students who submit statements of candidacy to the
31 principal of the attendance center, such statements to be
32 submitted commencing on the first day of the twentieth
33 week of school and continuing for 2 weeks thereafter.
34 The form and manner of such candidacy statements shall be
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1 determined by the Board.
2 (ii) During the twenty-second week of school in
3 every year, the principal of each attendance center shall
4 conduct a non-binding, advisory poll to ascertain the
5 preferences of the school students regarding the
6 appointment of a student to the local school council for
7 that attendance center. At such poll, each student shall
8 be entitled to indicate his or her preference for up to
9 one candidate from among those who submitted statements
10 of candidacy as described above. The Board shall
11 promulgate rules to ensure that these non-binding,
12 advisory polls are conducted in a fair and equitable
13 manner and maximize the involvement of all school
14 students. The preferences expressed in these
15 non-binding, advisory polls shall be transmitted by the
16 principal to the Board. However, these preferences shall
17 be advisory only and the Board shall maintain absolute
18 discretion to appoint student members to local school
19 councils, irrespective of the preferences expressed in
20 any such poll.
21 (iii) For the 1995-96 school year only,
22 appointments shall be made from among those students who
23 submitted statements of candidacy to the principal of the
24 attendance center during the first 2 weeks of the school
25 year. The principal shall communicate the results of any
26 nonbinding, advisory poll to the Board. These results
27 shall be advisory only, and the Board shall maintain
28 absolute discretion to appoint student members to local
29 school councils, irrespective of the preferences
30 expressed in any such poll.
31 (n) The Board may promulgate such other rules and
32 regulations for election procedures as may be deemed
33 necessary to ensure fair elections.
34 (o) In the event that a vacancy occurs during a member's
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1 term, the Council shall appoint a person eligible to serve on
2 the Council, to fill the unexpired term created by the
3 vacancy, except that any teacher vacancy shall be filled by
4 the Board after considering the preferences of the school
5 staff as ascertained through a non-binding advisory poll of
6 school staff.
7 (p) If less than the specified number of persons is
8 elected within each candidate category, the newly elected
9 local school council shall appoint eligible persons to serve
10 as members of the Council for two-year terms.
11 (q) The Board shall promulgate rules regarding conflicts
12 of interest and disclosure of economic interests which shall
13 apply to local school council members and which shall require
14 reports or statements to be filed by Council members at
15 regular intervals with the Secretary of the Board. Failure
16 to comply with such rules or intentionally falsifying such
17 reports shall be grounds for disqualification from local
18 school council membership. A vacancy on the Council for
19 disqualification may be so declared by the Secretary of the
20 Board. Rules regarding conflicts of interest and disclosure
21 of economic interests promulgated by the Board shall apply to
22 local school council members in addition to the requirements
23 of the Illinois Governmental Ethics Act applicable to local
24 school council members.
25 (r) If a parent member of a Local School Council ceases
26 to have any child enrolled in the attendance center governed
27 by the Local School Council due to the graduation or
28 voluntary transfer of a child or children from the attendance
29 center, the parent's membership on the Local School Council
30 and all voting rights are terminated immediately as of the
31 date of the child's graduation or voluntary transfer.
32 Further, a local school council member may be removed from
33 the Council by a majority vote of the Council as provided in
34 subsection (c) of Section 34-2.2 if the Council member has
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1 missed 3 consecutive regular meetings, not including
2 committee meetings, or 5 regular meetings in a 12 month
3 period, not including committee meetings. Further, a local
4 school council member may be removed by the council by a
5 majority vote of the council as provided in subsection (c) of
6 Section 34-2.2 if the council determines that a member failed
7 to disclose a conviction of any of the offenses specified in
8 subsection (c) of Section 34-18.5 as required in subsection
9 (f) of this Section 34-2.1. A vote to remove a Council member
10 shall only be valid if the Council member has been notified
11 personally or by certified mail, mailed to the person's last
12 known address, of the Council's intent to vote on the Council
13 member's removal at least 7 days prior to the vote. The
14 Council member in question shall have the right to explain
15 his or her actions and shall be eligible to vote on the
16 question of his or her removal from the Council. The
17 provisions of this subsection shall be contained within the
18 petitions used to nominate Council candidates.
19 (Source: P.A. 88-511; 88-686, eff. 1-24-95; 89-15, eff.
20 5-30-95; 89-369, eff. 8-18-95; 89-626, eff. 8-9-96; 89-636,
21 eff. 8-9-96.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming a law.".