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90_HB3448
105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3
Amends the School Code. Provides that members of
Chicago's local school councils are to have access to the
attendance center buildings and to the information necessary
to carry out their responsibilities, including the
opportunity to interview and observe school staff, in a
manner that does not impact the orderly operation of the
schools. Effective immediately.
LRB9011371THpk
LRB9011371THpk
1 AN ACT to amend the School Code by changing Section
2 34-2.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 34-2.3 as follows:
7 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
8 Sec. 34-2.3. Local school councils - Powers and duties.
9 Each local school council shall have and exercise, consistent
10 with the provisions of this Article and the powers and duties
11 of the board of education, the following powers and duties:
12 1. To evaluate the performance of the principal of the
13 attendance center taking into consideration the annual
14 evaluation of the principal conducted by the general
15 superintendent pursuant to subsection (h) of Section 34-8.3,
16 to determine in the manner provided by subsection (c) of
17 Section 34-2.2 whether the performance contract of the
18 principal shall be renewed, and to directly select in the
19 manner provided by subsection (c) of Section 34-2.2 a new
20 principal (including a new principal to fill a vacancy) --
21 without submitting any list of candidates for that position
22 to the general superintendent as provided in paragraph 2 of
23 this Section -- to serve under a 4 year performance contract;
24 provided that (i) the determination of whether the
25 principal's performance contract is to be renewed and -- in
26 cases where such performance contract is not renewed -- a
27 direct selection of a new principal -- to serve under a 4
28 year performance contract shall be made by the local school
29 council by April 15 of the calendar year in which the current
30 performance contract of the principal expires, and (ii) a
31 direct selection by the local school council of a new
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1 principal to fill a vacancy under a 4 year performance
2 contract shall be made within 90 days after the date such
3 vacancy occurs. A Council shall be required, if requested by
4 the principal, to provide in writing the reasons for the
5 council's not renewing the principal's contract.
6 2. In the event (i) the local school council does not
7 renew the performance contract of the principal, or the
8 principal fails to receive a satisfactory rating as provided
9 in subsection (h) of Section 34-8.3, or the principal is
10 removed for cause during the term of his or her performance
11 contract in the manner provided by Section 34-85, or a
12 vacancy in the position of principal otherwise occurs prior
13 to the expiration of the term of a principal's performance
14 contract, and (ii) the local school council fails to directly
15 select a new principal (including a new principal to fill a
16 vacancy) to serve under a 4 year performance contract, the
17 local school council in such event shall submit to the
18 general superintendent a list of 3 candidates -- listed in
19 the local school council's order of preference -- for the
20 position of principal, one of which shall be selected by the
21 general superintendent to serve as principal of the
22 attendance center. If the general superintendent fails or
23 refuses to select one of the candidates on the list to serve
24 as principal within 30 days after being furnished with the
25 candidate list, the local school council within 15 days after
26 such failure or refusal shall itself select one of the
27 candidates from the list as principal of the attendance
28 center. There shall be no discrimination on the basis of
29 race, sex, creed, color or disability unrelated to ability to
30 perform in connection with the submission of candidates for,
31 and the selection of a candidate to serve as principal of an
32 attendance center. No person shall be directly selected,
33 listed as a candidate for, or selected to serve as principal
34 of an attendance center (i) if such person has been removed
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1 for cause from employment by the Board or (ii) if such person
2 does not hold a valid administrative certificate issued or
3 exchanged under Article 21 and endorsed as required by that
4 Article for the position of principal. A principal whose
5 performance contract is not renewed as provided under
6 subsection (c) of Section 34-2.2 may nevertheless, if
7 otherwise qualified and certified as herein provided and if
8 he or she has received a satisfactory rating as provided in
9 subsection (h) of Section 34-8.3, be included by a local
10 school council as one of the 3 candidates listed in order of
11 preference on any candidate list from which one person is to
12 be selected to serve as principal of the attendance center
13 under a new performance contract. The initial candidate list
14 required to be submitted by a local school council to the
15 general superintendent in cases where the local school
16 council does not renew the performance contract of its
17 principal and does not directly select a new principal to
18 serve under a 4 year performance contract shall be submitted
19 not later than May 1 of the calendar year in which such
20 performance contract expires. In cases where a principal is
21 removed for cause or a vacancy otherwise occurs in the
22 position of principal and the vacancy is not filled by direct
23 selection by the local school council, the candidate list
24 shall be submitted by the local school council to the general
25 superintendent not later than 90 days after the date such
26 removal or vacancy occurs.
27 2.5. Whenever a vacancy in the office of a principal
28 occurs for any reason, the vacancy shall be filled in the
29 manner provided by this Section by the selection of a new
30 principal to serve under a 4 year performance contract.
31 3. To establish additional criteria to be included as
32 part of the performance contract of its principal, provided
33 that such additional criteria shall not discriminate on the
34 basis of race, sex, creed, color or disability unrelated to
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1 ability to perform, and shall not be inconsistent with the
2 uniform 4 year performance contract for principals developed
3 by the board as provided in Section 34-8.1 of the School Code
4 or with other provisions of this Article governing the
5 authority and responsibility of principals.
6 4. To approve the expenditure plan prepared by the
7 principal with respect to all funds allocated and distributed
8 to the attendance center by the Board. The expenditure plan
9 shall be administered by the principal. Notwithstanding any
10 other provision of this Act or any other law, any expenditure
11 plan approved and administered under this Section 34-2.3
12 shall be consistent with and subject to the terms of any
13 contract for services with a third party entered into by the
14 Chicago School Reform Board of Trustees or the board under
15 this Act.
16 Via a supermajority vote of 7 members of the local school
17 council or 8 members of a high school local school council,
18 the Council may transfer allocations pursuant to Section
19 34-2.3 within funds; provided that such a transfer is
20 consistent with applicable law and collective bargaining
21 agreements.
22 Beginning in fiscal year 1991 and in each fiscal year
23 thereafter, the Board may reserve up to 1% of its total
24 fiscal year budget for distribution on a prioritized basis to
25 schools throughout the school system in order to assure
26 adequate programs to meet the needs of special student
27 populations as determined by the Board. This distribution
28 shall take into account the needs catalogued in the
29 Systemwide Plan and the various local school improvement
30 plans of the local school councils. Information about these
31 centrally funded programs shall be distributed to the local
32 school councils so that their subsequent planning and
33 programming will account for these provisions.
34 Beginning in fiscal year 1991 and in each fiscal year
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1 thereafter, from other amounts available in the applicable
2 fiscal year budget, the board shall allocate a lump sum
3 amount to each local school based upon such formula as the
4 board shall determine taking into account the special needs
5 of the student body. The local school principal shall
6 develop an expenditure plan in consultation with the local
7 school council, the professional personnel advisory committee
8 and with all other school personnel, which reflects the
9 priorities and activities as described in the school's local
10 school improvement plan and is consistent with applicable law
11 and collective bargaining agreements and with board policies
12 and standards; however, the local school council shall have
13 the right to request waivers of board policy from the board
14 of education and waivers of employee collective bargaining
15 agreements pursuant to Section 34-8.1a.
16 The expenditure plan developed by the principal with
17 respect to amounts available from the fund for prioritized
18 special needs programs and the allocated lump sum amount must
19 be approved by the local school council.
20 The lump sum allocation shall take into account the
21 following principles:
22 a. Teachers: Each school shall be allocated funds
23 equal to the amount appropriated in the previous school
24 year for compensation for teachers (regular grades
25 kindergarten through 12th grade) plus whatever increases
26 in compensation have been negotiated contractually or
27 through longevity as provided in the negotiated
28 agreement. Adjustments shall be made due to layoff or
29 reduction in force, lack of funds or work, change in
30 subject requirements, enrollment changes, or contracts
31 with third parties for the performance of services or to
32 rectify any inconsistencies with system-wide allocation
33 formulas or for other legitimate reasons.
34 b. Other personnel: Funds for other teacher
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1 certificated and uncertificated personnel paid through
2 non-categorical funds shall be provided according to
3 system-wide formulas based on student enrollment and the
4 special needs of the school as determined by the Board.
5 c. Non-compensation items: Appropriations for all
6 non-compensation items shall be based on system-wide
7 formulas based on student enrollment and on the special
8 needs of the school or factors related to the physical
9 plant, including but not limited to textbooks, supplies,
10 electricity, equipment, and routine maintenance.
11 d. Funds for categorical programs: Schools shall
12 receive personnel and funds based on, and shall use such
13 personnel and funds in accordance with State and Federal
14 requirements applicable to each categorical program
15 provided to meet the special needs of the student body
16 (including but not limited to, Federal Chapter I,
17 Bilingual, and Special Education).
18 d.1. Funds for State Title I: Each school shall
19 receive funds based on State and Board requirements
20 applicable to each State Title I pupil provided to meet
21 the special needs of the student body. Each school shall
22 receive the proportion of funds as provided in Section
23 18-8 to which they are entitled. These funds shall be
24 spent only with the budgetary approval of the Local
25 School Council as provided in Section 34-2.3.
26 e. The Local School Council shall have the right to
27 request the principal to close positions and open new
28 ones consistent with the provisions of the local school
29 improvement plan provided that these decisions are
30 consistent with applicable law and collective bargaining
31 agreements. If a position is closed, pursuant to this
32 paragraph, the local school shall have for its use the
33 system-wide average compensation for the closed position.
34 f. Operating within existing laws and collective
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1 bargaining agreements, the local school council shall
2 have the right to direct the principal to shift
3 expenditures within funds.
4 g. (Blank).
5 Any funds unexpended at the end of the fiscal year shall
6 be available to the board of education for use as part of its
7 budget for the following fiscal year.
8 5. To make recommendations to the principal concerning
9 textbook selection and concerning curriculum developed
10 pursuant to the school improvement plan which is consistent
11 with systemwide curriculum objectives in accordance with
12 Sections 34-8 and 34-18 of the School Code and in conformity
13 with the collective bargaining agreement.
14 6. To advise the principal concerning the attendance and
15 disciplinary policies for the attendance center, subject to
16 the provisions of this Article and Article 26, and consistent
17 with the uniform system of discipline established by the
18 board pursuant to Section 34-19.
19 7. To approve a school improvement plan developed as
20 provided in Section 34-2.4. The process and schedule for plan
21 development shall be publicized to the entire school
22 community, and the community shall be afforded the
23 opportunity to make recommendations concerning the plan. At
24 least twice a year the principal and local school council
25 shall report publicly on progress and problems with respect
26 to plan implementation.
27 8. To evaluate the allocation of teaching resources and
28 other certificated and uncertificated staff to the attendance
29 center to determine whether such allocation is consistent
30 with and in furtherance of instructional objectives and
31 school programs reflective of the school improvement plan
32 adopted for the attendance center; and to make
33 recommendations to the board, the general superintendent and
34 the principal concerning any reallocation of teaching
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1 resources or other staff whenever the council determines that
2 any such reallocation is appropriate because the
3 qualifications of any existing staff at the attendance center
4 do not adequately match or support instructional objectives
5 or school programs which reflect the school improvement plan.
6 9. To make recommendations to the principal and the
7 general superintendent concerning their respective
8 appointments, after August 31, 1989, and in the manner
9 provided by Section 34-8 and Section 34-8.1, of persons to
10 fill any vacant, additional or newly created positions for
11 teachers at the attendance center or at attendance centers
12 which include the attendance center served by the local
13 school council.
14 10. To request of the Board the manner in which training
15 and assistance shall be provided to the local school council.
16 Pursuant to Board guidelines a local school council is
17 authorized to direct the Board of Education to contract with
18 personnel or not-for-profit organizations not associated with
19 the school district to train or assist council members. If
20 training or assistance is provided by contract with personnel
21 or organizations not associated with the school district, the
22 period of training or assistance shall not exceed 30 hours
23 during a given school year; person shall not be employed on a
24 continuous basis longer than said period and shall not have
25 been employed by the Chicago Board of Education within the
26 preceding six months. Council members shall receive training
27 in at least the following areas:
28 1. school budgets;
29 2. educational theory pertinent to the attendance
30 center's particular needs, including the development of
31 the school improvement plan and the principal's
32 performance contract; and
33 3. personnel selection.
34 Council members shall, to the greatest extent possible,
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1 complete such training within 90 days of election.
2 11. In accordance with systemwide guidelines contained
3 in the System-Wide Educational Reform Goals and Objectives
4 Plan, criteria for evaluation of performance shall be
5 established for local school councils and local school
6 council members. If a local school council persists in
7 noncompliance with systemwide requirements, the Board may
8 impose sanctions and take necessary corrective action,
9 consistent with Section 34-8.3.
10 12. Each local school council shall comply with the Open
11 Meetings Act and the Freedom of Information Act. Each local
12 school council shall issue and transmit to its school
13 community a detailed annual report accounting for its
14 activities programmatically and financially. Each local
15 school council shall convene at least 2 well-publicized
16 meetings annually with its entire school community. These
17 meetings shall include presentation of the proposed local
18 school improvement plan, of the proposed school expenditure
19 plan, and the annual report, and shall provide an opportunity
20 for public comment.
21 13. Each local school council is encouraged to involve
22 additional non-voting members of the school community in
23 facilitating the council's exercise of its responsibilities.
24 14. The local school council may adopt a school uniform
25 or dress code policy that governs the attendance center and
26 that is necessary to maintain the orderly process of a school
27 function or prevent endangerment of student health or safety,
28 consistent with the policies and rules of the Board of
29 Education. A school uniform or dress code policy adopted by a
30 local school council: (i) shall not be applied in such manner
31 as to discipline or deny attendance to a transfer student or
32 any other student for noncompliance with that policy during
33 such period of time as is reasonably necessary to enable the
34 student to acquire a school uniform or otherwise comply with
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1 the dress code policy that is in effect at the attendance
2 center into which the student's enrollment is transferred;
3 and (ii) shall include criteria and procedures under which
4 the local school council will accommodate the needs of or
5 otherwise provide appropriate resources to assist a student
6 from an indigent family in complying with an applicable
7 school uniform or dress code policy. A student whose parents
8 or legal guardians object on religious grounds to the
9 student's compliance with an applicable school uniform or
10 dress code policy shall not be required to comply with that
11 policy if the student's parents or legal guardians present to
12 the local school council a signed statement of objection
13 detailing the grounds for the objection.
14 15. All decisions made and actions taken by the local
15 school council in the exercise of its powers and duties shall
16 comply with State and federal laws, all applicable collective
17 bargaining agreements, court orders and rules properly
18 promulgated by the Board.
19 15a. To grant, in accordance with board rules and
20 policies, the use of assembly halls and classrooms when not
21 otherwise needed, including lighting, heat, and attendants,
22 for public lectures, concerts, and other educational and
23 social activities.
24 15b. To approve, in accordance with board rules and
25 policies, receipts and expenditures for all internal accounts
26 of the attendance center, and to approve all fund-raising
27 activities by nonschool organizations that use the school
28 building.
29 16. All local school council members shall have access
30 to all information necessary to carry out their duties and
31 powers, including the opportunity to interview school staff
32 and to observe staff in the performance of their duties, in a
33 manner that does not impact the orderly operation of the
34 school. At all times when the school is open to students or
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1 staff, local school council members at each attendance center
2 shall be given access to the attendance center building to
3 carry out their duties and powers in a manner that does not
4 impact the orderly operation of the school (Blank).
5 17. Names and addresses of local school council members
6 shall be a matter of public record.
7 (Source: P.A. 89-15, eff. 5-30-95; 89-610, eff. 8-6-96;
8 89-636, eff. 8-9-96; 90-14, eff. 7-1-97.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.