Public Act 90-0378 of the 90th General Assembly
Public Act 90-0378
HB1702 Enrolled LRB9004312THpk
AN ACT to amend the School Code by changing Section
34-2.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
34-2.1 as follows:
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local
school council shall consist of the following 11 voting
members: the principal of the attendance center, 2 teachers
employed and assigned to perform the majority of their
employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center and 2
community residents. Neither the parents nor the community
residents who serve as members of the local school council
shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 12 voting members -- the 11 voting members
described above and one full-time student member, appointed
as provided in subsection (m) below. In the event that the
chief executive officer of the Chicago School Reform Board of
Trustees determines that a local school council is not
carrying out its financial duties effectively, the chief
executive officer is authorized to appoint a representative
of the business community with experience in finance and
management to serve as an advisor to the local school
council for the purpose of providing advice and assistance to
the local school council on fiscal matters. The advisor
shall have access to relevant financial records of the local
school council. The advisor may attend executive sessions.
The chief executive officer shall issue a written policy
defining the circumstances under which a local school council
is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be
a parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all
the powers and duties of local school councils as set forth
in this amendatory Act of 1991. The Mayor's appointments
shall not require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance
center served by the local school council.
(c) Beginning with the 1995-1996 school year and in
every even-numbered year thereafter, the Board shall set
second semester Parent Report Card Pick-up Day for Local
School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the
school system. Elections shall be conducted as provided
herein by the Board of Education in consultation with the
local school council at each attendance center.
(d) Beginning with the 1995-96 school year, the
following procedures shall apply to the election of local
school council members at each attendance center:
(i) The elected members of each local school
council shall consist of the 6 parent members and the 2
community resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible
voters for each attendance center shall consist of the
parents and community residents for that attendance
center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective
of whether such candidates are parent or community
resident candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote
in the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members of each local school
council shall be appointed as provided in subsection (l)
below each to serve for a two-year term coinciding with
that of the elected parent and community resident
members.
(vii) At secondary attendance centers, the voting
student member shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
(e) The Council shall publicize the date and place of
the election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters.
(f) Nomination. The Council shall publicize the opening
of nominations by posting notices at the attendance center,
in public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters. Not less than 2 weeks before the election
date, persons eligible to run for the Council shall submit
their name and some evidence of eligibility to the Council.
The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at
the attendance center. Each person nominated who runs as a
candidate shall disclose, in a manner determined by the
Board, any economic interest held by such person, by such
person's spouse or children, or by each business entity in
which such person has an ownership interest, in any contract
with the Board, any local school council or any public school
in the school district. Each person nominated who runs as a
candidate shall also disclose, in a manner determined by the
Board, if he or she ever has been convicted of any of the
offenses specified in subsection (c) of Section 34-18.5;
provided that neither this provision nor any other provision
of this Section shall be deemed to require the disclosure of
any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose
accessibility or disclosure is restricted or prohibited under
Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
to make such disclosure shall render a person ineligible for
election to the local school council. The same disclosure
shall be required of persons under consideration for
appointment to the Council pursuant to subsections (l) and
(m) of this Section.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00
p.m.
(i) Candidates receiving the highest number of votes
shall be declared elected by the Council. In cases of a tie,
the Council shall determine the winner by lot.
(j) The Council shall certify the results of the
election and shall publish the results in the minutes of the
Council.
(k) The general superintendent shall resolve any
disputes concerning election procedure or results and shall
ensure that, except as provided in subsections (e) and (g),
no resources of any attendance center shall be used to
endorse or promote any candidate.
(l) Beginning with the 1995-1996 school year and in
every even numbered year thereafter, the Board shall appoint
2 teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on
the local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school
council. These appointments shall be made from among
those teachers who are nominated in accordance with
subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council
representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members
to local school councils, irrespective of the preferences
expressed in any such poll.
(m) Beginning with the 1995-1996 school year, and in
every year thereafter, the Board shall appoint one student
member to each secondary attendance center. These
appointments shall be made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter.
The form and manner of such candidacy statements shall be
determined by the Board.
(ii) During the twenty-second week of school in
every year, the principal of each attendance center shall
conduct a non-binding, advisory poll to ascertain the
preferences of the school students regarding the
appointment of a student to the local school council for
that attendance center. At such poll, each student shall
be entitled to indicate his or her preference for up to
one candidate from among those who submitted statements
of candidacy as described above. The Board shall
promulgate rules to ensure that these non-binding,
advisory polls are conducted in a fair and equitable
manner and maximize the involvement of all school
students. The preferences expressed in these
non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall
be advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in
any such poll.
(iii) For the 1995-96 school year only,
appointments shall be made from among those students who
submitted statements of candidacy to the principal of the
attendance center during the first 2 weeks of the school
year. The principal shall communicate the results of any
nonbinding, advisory poll to the Board. These results
shall be advisory only, and the Board shall maintain
absolute discretion to appoint student members to local
school councils, irrespective of the preferences
expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed
necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the
vacancy, except that any teacher vacancy shall be filled by
the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of
school staff.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure
to comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure
of economic interests promulgated by the Board shall apply to
local school council members in addition to the requirements
of the Illinois Governmental Ethics Act applicable to local
school council members.
(r) If a parent member of a Local School Council ceases
to have any child enrolled in the attendance center governed
by the Local School Council due to the graduation or
voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council
and all voting rights are terminated immediately as of the
date of the child's graduation or voluntary transfer.
Further, a local school council member may be removed from
the Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including
committee meetings, or 5 regular meetings in a 12 month
period, not including committee meetings. Further, a local
school council member may be removed by the council by a
majority vote of the council as provided in subsection (c) of
Section 34-2.2 if the council determines that a member failed
to disclose a conviction of any of the offenses specified in
subsection (c) of Section 34-18.5 as required in subsection
(f) of this Section 34-2.1. A vote to remove a Council member
shall only be valid if the Council member has been notified
personally or by certified mail, mailed to the person's last
known address, of the Council's intent to vote on the Council
member's removal at least 7 days prior to the vote. The
Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The
provisions of this subsection shall be contained within the
petitions used to nominate Council candidates.
(Source: P.A. 88-511; 88-686, eff. 1-24-95; 89-15, eff.
5-30-95; 89-369, eff. 8-18-95; 89-626, eff. 8-9-96; 89-636,
eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon
becoming a law.