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91_SB0652enr
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1 AN ACT concerning education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Governmental Ethics Act is
5 amended by changing Section 4A-101 as follows:
6 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
7 Sec. 4A-101. Persons required to file. The following
8 persons shall file verified written statements of economic
9 interests, as provided in this Article:
10 (a) Members of the General Assembly and candidates
11 for nomination or election to the General Assembly.
12 (b) Persons holding an elected office in the
13 Executive Branch of this State, and candidates for
14 nomination or election to these offices.
15 (c) Members of a Commission or Board created by the
16 Illinois Constitution, and candidates for nomination or
17 election to such Commission or Board.
18 (d) Persons whose appointment to office is subject
19 to confirmation by the Senate.
20 (e) Holders of, and candidates for nomination or
21 election to, the office of judge or associate judge of
22 the Circuit Court and the office of judge of the
23 Appellate or Supreme Court.
24 (f) Persons who are employed by any branch, agency,
25 authority or board of the government of this State,
26 including but not limited to, the Illinois State Toll
27 Highway Authority, the Illinois Housing Development
28 Authority, the Illinois Community College Board, and
29 institutions under the jurisdiction of the Board of
30 Trustees of the University of Illinois, Board of Trustees
31 of Southern Illinois University, Board of Trustees of
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1 Chicago State University, Board of Trustees of Eastern
2 Illinois University, Board of Trustees of Governor's
3 State University, Board of Trustees of Illinois State
4 University, Board of Trustees of Northeastern Illinois
5 University, Board of Trustees of Northern Illinois
6 University, Board of Trustees of Western Illinois
7 University, or Board of Trustees of the Illinois
8 Mathematics and Science Academy, and are compensated for
9 services as employees and not as independent contractors
10 and who:
11 (1) are, or function as, the head of a
12 department, commission, board, division, bureau,
13 authority or other administrative unit within the
14 government of this State, or who exercise similar
15 authority within the government of this State;
16 (2) have direct supervisory authority over, or
17 direct responsibility for the formulation,
18 negotiation, issuance or execution of contracts
19 entered into by the State in the amount of $5,000 or
20 more;
21 (3) have authority for the issuance or
22 promulgation of rules and regulations within areas
23 under the authority of the State;
24 (4) have authority for the approval of
25 professional licenses;
26 (5) have responsibility with respect to the
27 financial inspection of regulated nongovernmental
28 entities;
29 (6) adjudicate, arbitrate, or decide any
30 judicial or administrative proceeding, or review the
31 adjudication, arbitration or decision of any
32 judicial or administrative proceeding within the
33 authority of the State; or
34 (7) have supervisory responsibility for 20 or
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1 more employees of the State.
2 (g) Persons who are elected to office in a unit of
3 local government, and candidates for nomination or
4 election to that office, including regional
5 superintendents of school districts.
6 (h) Persons appointed to the governing board of a
7 unit of local government, or of a special district, and
8 persons appointed to a zoning board, or zoning board of
9 appeals, or to a regional, county, or municipal plan
10 commission, or to a board of review of any county, and
11 persons appointed to the Board of the Metropolitan Pier
12 and Exposition Authority and any Trustee appointed under
13 Section 22 of the Metropolitan Pier and Exposition
14 Authority Act, and persons appointed to a board or
15 commission of a unit of local government who have
16 authority to authorize the expenditure of public funds.
17 This subsection does not apply to members of boards or
18 commissions who function in an advisory capacity.
19 (i) Persons who are employed by a unit of local
20 government and are compensated for services as employees
21 and not as independent contractors and who:
22 (1) are, or function as, the head of a
23 department, division, bureau, authority or other
24 administrative unit within the unit of local
25 government, or who exercise similar authority within
26 the unit of local government;
27 (2) have direct supervisory authority over, or
28 direct responsibility for the formulation,
29 negotiation, issuance or execution of contracts
30 entered into by the unit of local government in the
31 amount of $1,000 or greater;
32 (3) have authority to approve licenses and
33 permits by the unit of local government; this item
34 does not include employees who function in a
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1 ministerial capacity;
2 (4) adjudicate, arbitrate, or decide any
3 judicial or administrative proceeding, or review the
4 adjudication, arbitration or decision of any
5 judicial or administrative proceeding within the
6 authority of the unit of local government;
7 (5) have authority to issue or promulgate
8 rules and regulations within areas under the
9 authority of the unit of local government; or
10 (6) have supervisory responsibility for 20 or
11 more employees of the unit of local government.
12 (j) Persons on the Board of Trustees of the
13 Illinois Mathematics and Science Academy.
14 (k) Persons employed by a school district in
15 positions that require that person to hold an
16 administrative or a chief school business official
17 endorsement.
18 (l) (Blank). Persons appointed or elected to a
19 local school council established pursuant to Section
20 34-2.1 of the School Code.
21 This Section shall not be construed to prevent any unit
22 of local government from enacting financial disclosure
23 requirements that mandate require more information than
24 required by this Act.
25 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-4, eff.
26 1-1-96; 89-5, eff. 1-1-96; 89-106, eff. 7-7-95; 89-433, eff.
27 12-15-95.)
28 Section 10. The School Code is amended by changing
29 Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-3.4,
30 34-8, 34-8.1, 34-8.3, 34-11, 34-12, and 34-13 and adding
31 Section 34-8.3a as follows:
32 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
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1 (Text of Section before amendment by P.A. 90-590)
2 Sec. 34-2.1. Local School Councils - Composition -
3 Voter-Eligibility - Elections - Terms.
4 (a) A local school council shall be established for each
5 attendance center within the school district. Each local
6 school council shall consist of the following 11 voting
7 members: the principal of the attendance center, 2 teachers
8 employed and assigned to perform the majority of their
9 employment duties at the attendance center, 6 parents of
10 students currently enrolled at the attendance center and 2
11 community residents. Neither the parents nor the community
12 residents who serve as members of the local school council
13 shall be employees of the Board of Education. In each
14 secondary attendance center, the local school council shall
15 consist of 12 voting members -- the 11 voting members
16 described above and one full-time student member, appointed
17 as provided in subsection (m) below. In the event that the
18 chief executive officer of the Chicago School Reform Board of
19 Trustees determines that a local school council is not
20 carrying out its financial duties effectively, the chief
21 executive officer is authorized to appoint a representative
22 of the business community with experience in finance and
23 management to serve as an advisor to the local school council
24 for the purpose of providing advice and assistance to the
25 local school council on fiscal matters. The advisor shall
26 have access to relevant financial records of the local school
27 council. The advisor may attend executive sessions. The
28 chief executive officer shall issue a written policy defining
29 the circumstances under which a local school council is not
30 carrying out its financial duties effectively.
31 (b) Within 7 days of January 11, 1991, the Mayor shall
32 appoint the members and officers (a Chairperson who shall be
33 a parent member and a Secretary) of each local school council
34 who shall hold their offices until their successors shall be
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1 elected and qualified. Members so appointed shall have all
2 the powers and duties of local school councils as set forth
3 in this amendatory Act of 1991. The Mayor's appointments
4 shall not require approval by the City Council.
5 The membership of each local school council shall be
6 encouraged to be reflective of the racial and ethnic
7 composition of the student population of the attendance
8 center served by the local school council.
9 (c) Beginning with the 1995-1996 school year and in
10 every even-numbered year thereafter, the Board shall set
11 second semester Parent Report Card Pick-up Day for Local
12 School Council elections and may schedule elections at
13 year-round schools for the same dates as the remainder of the
14 school system. Elections shall be conducted as provided
15 herein by the Board of Education in consultation with the
16 local school council at each attendance center.
17 (d) Beginning with the 1995-96 school year, the
18 following procedures shall apply to the election of local
19 school council members at each attendance center:
20 (i) The elected members of each local school
21 council shall consist of the 6 parent members and the 2
22 community resident members.
23 (ii) Each elected member shall be elected by the
24 eligible voters of that attendance center to serve for a
25 two-year term commencing on July 1 immediately following
26 the election described in subsection (c). Eligible
27 voters for each attendance center shall consist of the
28 parents and community residents for that attendance
29 center.
30 (iii) Each eligible voter shall be entitled to cast
31 one vote for up to a total of 5 candidates, irrespective
32 of whether such candidates are parent or community
33 resident candidates.
34 (iv) Each parent voter shall be entitled to vote in
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1 the local school council election at each attendance
2 center in which he or she has a child currently enrolled.
3 Each community resident voter shall be entitled to vote
4 in the local school council election at each attendance
5 center for which he or she resides in the applicable
6 attendance area or voting district, as the case may be.
7 (v) Each eligible voter shall be entitled to vote
8 once, but not more than once, in the local school council
9 election at each attendance center at which the voter is
10 eligible to vote.
11 (vi) The 2 teacher members of each local school
12 council shall be appointed as provided in subsection (l)
13 below each to serve for a two-year term coinciding with
14 that of the elected parent and community resident
15 members.
16 (vii) At secondary attendance centers, the voting
17 student member shall be appointed as provided in
18 subsection (m) below to serve for a one-year term
19 coinciding with the beginning of the terms of the elected
20 parent and community members of the local school council.
21 (e) The Council shall publicize the date and place of
22 the election by posting notices at the attendance center, in
23 public places within the attendance boundaries of the
24 attendance center and by distributing notices to the pupils
25 at the attendance center, and shall utilize such other means
26 as it deems necessary to maximize the involvement of all
27 eligible voters.
28 (f) Nomination. The Council shall publicize the opening
29 of nominations by posting notices at the attendance center,
30 in public places within the attendance boundaries of the
31 attendance center and by distributing notices to the pupils
32 at the attendance center, and shall utilize such other means
33 as it deems necessary to maximize the involvement of all
34 eligible voters. Not less than 2 weeks before the election
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1 date, persons eligible to run for the Council shall submit
2 their name, date of birth, social security number, if
3 available, and some evidence of eligibility to the Council.
4 The Council shall encourage nomination of candidates
5 reflecting the racial/ethnic population of the students at
6 the attendance center. Each person nominated who runs as a
7 candidate shall disclose, in a manner determined by the
8 Board, any economic interest held by such person, by such
9 person's spouse or children, or by each business entity in
10 which such person has an ownership interest, in any contract
11 with the Board, any local school council or any public school
12 in the school district. Each person nominated who runs as a
13 candidate shall also disclose, in a manner determined by the
14 Board, if he or she ever has been convicted of any of the
15 offenses specified in subsection (c) of Section 34-18.5;
16 provided that neither this provision nor any other provision
17 of this Section shall be deemed to require the disclosure of
18 any information that is contained in any law enforcement
19 record or juvenile court record that is confidential or whose
20 accessibility or disclosure is restricted or prohibited under
21 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
22 to make such disclosure shall render a person ineligible for
23 election or to serve on the local school council. The same
24 disclosure shall be required of persons under consideration
25 for appointment to the Council pursuant to subsections (l)
26 and (m) of this Section.
27 (f-5) Notwithstanding disclosure, a person who has been
28 convicted of any of the following offenses at any time shall
29 be ineligible for election or appointment to a local school
30 council and ineligible for appointment to a local school
31 council pursuant to subsections (l) and (m) of this Section:
32 (i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1,
33 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
34 12-15, or 12-16 of the Criminal Code of 1961 or (ii) any
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1 offense committed or attempted in any other state or against
2 the laws of the United States, which, if committed or
3 attempted in this State, would have been punishable as one or
4 more of the foregoing offenses. Notwithstanding disclosure,
5 a person who has been convicted of any of the following
6 offenses within the 10 years previous to the date of
7 nomination or appointment shall be ineligible for appointment
8 to a local school council pursuant to subsections (l) and (m)
9 of this Section: (i) those defined in Section 401.1, 405.1,
10 or 405.2 of the Illinois Controlled Substances Act or (ii)
11 any offense committed or attempted in any other state or
12 against the laws of the United States, which, if committed or
13 attempted in this State, would have been punishable as one or
14 more of the foregoing offenses.
15 Immediately upon election or appointment, incoming local
16 school council members shall be required to undergo a
17 criminal background investigation, to be completed prior to
18 the member taking office, using the member's name, date of
19 birth, and social security number, if available, in order to
20 identify any criminal convictions under the offenses
21 enumerated in Section 34-18.5. In instances in which one or
22 more individuals have the same name, date of birth, and
23 social security number as the member, the member shall
24 undergo a fingerprint background check. If it is determined
25 at any time that a local school council member or
26 member-elect has been convicted of any of the offenses
27 enumerated in this Section or failed to disclose a conviction
28 of any of the offenses enumerated in Section 34-18.5, the
29 general superintendent shall notify the local school council
30 member or member-elect of such determination and the local
31 school council member or member-elect shall be removed from
32 the local school council by the Board, subject to a hearing,
33 convened pursuant to Board rule, prior to removal.
34 (g) At least one week before the election date, the
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1 Council shall publicize, in the manner provided in subsection
2 (e), the names of persons nominated for election.
3 (h) Voting shall be in person by secret ballot at the
4 attendance center between the hours of 6:00 a.m. and 7:00
5 p.m.
6 (i) Candidates receiving the highest number of votes
7 shall be declared elected by the Council. In cases of a tie,
8 the Council shall determine the winner by lot.
9 (j) The Council shall certify the results of the
10 election and shall publish the results in the minutes of the
11 Council.
12 (k) The general superintendent shall resolve any
13 disputes concerning election procedure or results and shall
14 ensure that, except as provided in subsections (e) and (g),
15 no resources of any attendance center shall be used to
16 endorse or promote any candidate.
17 (l) Beginning with the 1995-1996 school year and in
18 every even numbered year thereafter, the Board shall appoint
19 2 teacher members to each local school council. These
20 appointments shall be made in the following manner:
21 (i) The Board shall appoint 2 teachers who are
22 employed and assigned to perform the majority of their
23 employment duties at the attendance center to serve on
24 the local school council of the attendance center for a
25 two-year term coinciding with the terms of the elected
26 parent and community members of that local school
27 council. These appointments shall be made from among
28 those teachers who are nominated in accordance with
29 subsection (f).
30 (ii) A non-binding, advisory poll to ascertain the
31 preferences of the school staff regarding appointments of
32 teachers to the local school council for that attendance
33 center shall be conducted in accordance with the
34 procedures used to elect parent and community Council
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1 representatives. At such poll, each member of the school
2 staff shall be entitled to indicate his or her preference
3 for up to 2 candidates from among those who submitted
4 statements of candidacy as described above. These
5 preferences shall be advisory only and the Board shall
6 maintain absolute discretion to appoint teacher members
7 to local school councils, irrespective of the preferences
8 expressed in any such poll.
9 (iii) In the event that a teacher representative is
10 unable to perform his or her employment duties at the
11 school due to illness, disability, leave of absence, or
12 any other reason, the Board shall declare a temporary
13 vacancy and appoint a replacement teacher representative
14 to serve on the local school council until such time as
15 the teacher member originally appointed pursuant to this
16 subsection (l) resumes service at the attendance center
17 or for the remainder of the term. The replacement
18 teacher representative shall be appointed in the same
19 manner and by the same procedures as teacher
20 representatives are appointed in subdivisions (i) and
21 (ii) of this subsection (l).
22 (m) Beginning with the 1995-1996 school year, and in
23 every year thereafter, the Board shall appoint one student
24 member to each secondary attendance center. These
25 appointments shall be made in the following manner:
26 (i) Appointments shall be made from among those
27 students who submit statements of candidacy to the
28 principal of the attendance center, such statements to be
29 submitted commencing on the first day of the twentieth
30 week of school and continuing for 2 weeks thereafter.
31 The form and manner of such candidacy statements shall be
32 determined by the Board.
33 (ii) During the twenty-second week of school in
34 every year, the principal of each attendance center shall
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1 conduct a non-binding, advisory poll to ascertain the
2 preferences of the school students regarding the
3 appointment of a student to the local school council for
4 that attendance center. At such poll, each student shall
5 be entitled to indicate his or her preference for up to
6 one candidate from among those who submitted statements
7 of candidacy as described above. The Board shall
8 promulgate rules to ensure that these non-binding,
9 advisory polls are conducted in a fair and equitable
10 manner and maximize the involvement of all school
11 students. The preferences expressed in these
12 non-binding, advisory polls shall be transmitted by the
13 principal to the Board. However, these preferences shall
14 be advisory only and the Board shall maintain absolute
15 discretion to appoint student members to local school
16 councils, irrespective of the preferences expressed in
17 any such poll.
18 (iii) For the 1995-96 school year only,
19 appointments shall be made from among those students who
20 submitted statements of candidacy to the principal of the
21 attendance center during the first 2 weeks of the school
22 year. The principal shall communicate the results of any
23 nonbinding, advisory poll to the Board. These results
24 shall be advisory only, and the Board shall maintain
25 absolute discretion to appoint student members to local
26 school councils, irrespective of the preferences
27 expressed in any such poll.
28 (n) The Board may promulgate such other rules and
29 regulations for election procedures as may be deemed
30 necessary to ensure fair elections.
31 (o) In the event that a vacancy occurs during a member's
32 term, the Council shall appoint a person eligible to serve on
33 the Council, to fill the unexpired term created by the
34 vacancy, except that any teacher vacancy shall be filled by
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1 the Board after considering the preferences of the school
2 staff as ascertained through a non-binding advisory poll of
3 school staff.
4 (p) If less than the specified number of persons is
5 elected within each candidate category, the newly elected
6 local school council shall appoint eligible persons to serve
7 as members of the Council for two-year terms.
8 (q) The Board shall promulgate rules regarding conflicts
9 of interest and disclosure of economic interests which shall
10 apply to local school council members and which shall require
11 reports or statements to be filed by Council members at
12 regular intervals with the Secretary of the Board. Failure
13 to comply with such rules or intentionally falsifying such
14 reports shall be grounds for disqualification from local
15 school council membership. A vacancy on the Council for
16 disqualification may be so declared by the Secretary of the
17 Board. Rules regarding conflicts of interest and disclosure
18 of economic interests promulgated by the Board shall apply to
19 local school council members in addition to the requirements
20 of the Illinois Governmental Ethics Act applicable to local
21 school council members. No less than 45 days prior to the
22 deadline, the general superintendent shall provide notice, by
23 mail, to each local school council member of all requirements
24 and forms for compliance with economic interest statements.
25 (r) (1) If a parent member of a Local School Council
26 ceases to have any child enrolled in the attendance center
27 governed 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. If a parent member
4 of a local school council ceases to be eligible to serve on
5 the Council for any other reason, he or she shall be removed
6 by the Board subject to a hearing, convened pursuant to Board
7 rule, prior to removal. Further, a local school council
8 member may be removed by the council by a majority vote of
9 the council as provided in subsection (c) of Section 34-2.2
10 if the council determines that a member failed to disclose a
11 conviction of any of the offenses specified in subsection (c)
12 of Section 34-18.5 as required in subsection (f) of this
13 Section 34-2.1. A vote to remove a Council member by the
14 local school council shall only be valid if the Council
15 member has been notified personally or by certified mail,
16 mailed to the person's last known address, of the Council's
17 intent to vote on the Council member's removal at least 7
18 days prior to the vote. The Council member in question shall
19 have the right to explain his or her actions and shall be
20 eligible to vote on the question of his or her removal from
21 the Council. The provisions of this subsection shall be
22 contained within the petitions used to nominate Council
23 candidates.
24 (2) A person may continue to serve as a community
25 resident member of a local school council as long as he or
26 she resides in the attendance area served by the school and
27 is not employed by the Board nor is a parent of a student
28 enrolled at the school. If a community resident member
29 ceases to be eligible to serve on the Council, he or she
30 shall be removed by the Board subject to a hearing, convened
31 pursuant to Board rule, prior to removal.
32 (3) A person may continue to serve as a teacher member
33 of a local school council as long as he or she is employed
34 and assigned to perform a majority of his or her duties at
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1 the school, provided that if the teacher representative
2 resigns from employment with the Board or voluntarily
3 transfers to another school, the teacher's membership on the
4 local school council and all voting rights are terminated
5 immediately as of the date of the teacher's resignation or
6 upon the date of the teacher's voluntary transfer to another
7 school. If a teacher member of a local school council ceases
8 to be eligible to serve on a local school council for any
9 other reason, that member shall be removed by the Board
10 subject to a hearing, convened pursuant to Board rule, prior
11 to removal.
12 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
13 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
14 8-14-97.)
15 (Text of Section after amendment by P.A. 90-590)
16 Sec. 34-2.1. Local School Councils - Composition -
17 Voter-Eligibility - Elections - Terms.
18 (a) A local school council shall be established for each
19 attendance center within the school district. Each local
20 school council shall consist of the following 11 voting
21 members: the principal of the attendance center, 2 teachers
22 employed and assigned to perform the majority of their
23 employment duties at the attendance center, 6 parents of
24 students currently enrolled at the attendance center and 2
25 community residents. Neither the parents nor the community
26 residents who serve as members of the local school council
27 shall be employees of the Board of Education. In each
28 secondary attendance center, the local school council shall
29 consist of 12 voting members -- the 11 voting members
30 described above and one full-time student member, appointed
31 as provided in subsection (m) below. In the event that the
32 chief executive officer of the Chicago School Reform Board of
33 Trustees determines that a local school council is not
34 carrying out its financial duties effectively, the chief
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1 executive officer is authorized to appoint a representative
2 of the business community with experience in finance and
3 management to serve as an advisor to the local school council
4 for the purpose of providing advice and assistance to the
5 local school council on fiscal matters. The advisor shall
6 have access to relevant financial records of the local school
7 council. The advisor may attend executive sessions. The
8 chief executive officer shall issue a written policy defining
9 the circumstances under which a local school council is not
10 carrying out its financial duties effectively.
11 (b) Within 7 days of January 11, 1991, the Mayor shall
12 appoint the members and officers (a Chairperson who shall be
13 a parent member and a Secretary) of each local school council
14 who shall hold their offices until their successors shall be
15 elected and qualified. Members so appointed shall have all
16 the powers and duties of local school councils as set forth
17 in this amendatory Act of 1991. The Mayor's appointments
18 shall not require approval by the City Council.
19 The membership of each local school council shall be
20 encouraged to be reflective of the racial and ethnic
21 composition of the student population of the attendance
22 center served by the local school council.
23 (c) Beginning with the 1995-1996 school year and in
24 every even-numbered year thereafter, the Board shall set
25 second semester Parent Report Card Pick-up Day for Local
26 School Council elections and may schedule elections at
27 year-round schools for the same dates as the remainder of the
28 school system. Elections shall be conducted as provided
29 herein by the Board of Education in consultation with the
30 local school council at each attendance center.
31 (d) Beginning with the 1995-96 school year, the
32 following procedures shall apply to the election of local
33 school council members at each attendance center:
34 (i) The elected members of each local school
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1 council shall consist of the 6 parent members and the 2
2 community resident members.
3 (ii) Each elected member shall be elected by the
4 eligible voters of that attendance center to serve for a
5 two-year term commencing on July 1 immediately following
6 the election described in subsection (c). Eligible
7 voters for each attendance center shall consist of the
8 parents and community residents for that attendance
9 center.
10 (iii) Each eligible voter shall be entitled to cast
11 one vote for up to a total of 5 candidates, irrespective
12 of whether such candidates are parent or community
13 resident candidates.
14 (iv) Each parent voter shall be entitled to vote in
15 the local school council election at each attendance
16 center in which he or she has a child currently enrolled.
17 Each community resident voter shall be entitled to vote
18 in the local school council election at each attendance
19 center for which he or she resides in the applicable
20 attendance area or voting district, as the case may be.
21 (v) Each eligible voter shall be entitled to vote
22 once, but not more than once, in the local school council
23 election at each attendance center at which the voter is
24 eligible to vote.
25 (vi) The 2 teacher members of each local school
26 council shall be appointed as provided in subsection (l)
27 below each to serve for a two-year term coinciding with
28 that of the elected parent and community resident
29 members.
30 (vii) At secondary attendance centers, the voting
31 student member shall be appointed as provided in
32 subsection (m) below to serve for a one-year term
33 coinciding with the beginning of the terms of the elected
34 parent and community members of the local school council.
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1 (e) The Council shall publicize the date and place of
2 the election by posting notices at the attendance center, in
3 public places within the attendance boundaries of the
4 attendance center and by distributing notices to the pupils
5 at the attendance center, and shall utilize such other means
6 as it deems necessary to maximize the involvement of all
7 eligible voters.
8 (f) Nomination. The Council shall publicize the opening
9 of nominations by posting notices at the attendance center,
10 in public places within the attendance boundaries of the
11 attendance center and by distributing notices to the pupils
12 at the attendance center, and shall utilize such other means
13 as it deems necessary to maximize the involvement of all
14 eligible voters. Not less than 2 weeks before the election
15 date, persons eligible to run for the Council shall submit
16 their name, date of birth, social security number, if
17 available, and some evidence of eligibility to the Council.
18 The Council shall encourage nomination of candidates
19 reflecting the racial/ethnic population of the students at
20 the attendance center. Each person nominated who runs as a
21 candidate shall disclose, in a manner determined by the
22 Board, any economic interest held by such person, by such
23 person's spouse or children, or by each business entity in
24 which such person has an ownership interest, in any contract
25 with the Board, any local school council or any public school
26 in the school district. Each person nominated who runs as a
27 candidate shall also disclose, in a manner determined by the
28 Board, if he or she ever has been convicted of any of the
29 offenses specified in subsection (c) of Section 34-18.5;
30 provided that neither this provision nor any other provision
31 of this Section shall be deemed to require the disclosure of
32 any information that is contained in any law enforcement
33 record or juvenile court record that is confidential or whose
34 accessibility or disclosure is restricted or prohibited under
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1 Section 5-901 or 5-905 of the Juvenile Court Act of 1987.
2 Failure to make such disclosure shall render a person
3 ineligible for election or to serve on the local school
4 council. The same disclosure shall be required of persons
5 under consideration for appointment to the Council pursuant
6 to subsections (l) and (m) of this Section.
7 (f-5) Notwithstanding disclosure, a person who has been
8 convicted of any of the following offenses at any time shall
9 be ineligible for election or appointment to a local school
10 council and ineligible for appointment to a local school
11 council pursuant to subsections (l) and (m) of this Section:
12 (i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1,
13 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
14 12-15, or 12-16 of the Criminal Code of 1961 or (ii) any
15 offense committed or attempted in any other state or against
16 the laws of the United States, which, if committed or
17 attempted in this State, would have been punishable as one or
18 more of the foregoing offenses. Notwithstanding disclosure,
19 a person who has been convicted of any of the following
20 offenses within the 10 years previous to the date of
21 nomination or appointment shall be ineligible for appointment
22 to a local school council pursuant to subsections (l) and (m)
23 of this Section: (i) those defined in Section 401.1, 405.1,
24 or 405.2 of the Illinois Controlled Substances Act or (ii)
25 any offense committed or attempted in any other state or
26 against the laws of the United States, which, if committed or
27 attempted in this State, would have been punishable as one or
28 more of the foregoing offenses.
29 Immediately upon election or appointment, incoming local
30 school council members shall be required to undergo a
31 criminal background investigation, to be completed prior to
32 the member taking office, using the member's name, date of
33 birth, and social security number, if available, in order to
34 identify any criminal convictions under the offenses
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1 enumerated in Section 34-18.5. In instances in which one or
2 more individuals have the same name, date of birth, and
3 social security number as the member, the member shall
4 undergo a fingerprint background check. If it is determined
5 at any time that a local school council member or
6 member-elect has been convicted of any of the offenses
7 enumerated in this Section or failed to disclose a conviction
8 of any of the offenses enumerated in Section 34-18.5, the
9 general superintendent shall notify the local school council
10 member or member-elect of such determination and the local
11 school council member or member-elect shall be removed from
12 the local school council by the Board, subject to a hearing,
13 convened pursuant to Board rule, prior to removal.
14 (g) At least one week before the election date, the
15 Council shall publicize, in the manner provided in subsection
16 (e), the names of persons nominated for election.
17 (h) Voting shall be in person by secret ballot at the
18 attendance center between the hours of 6:00 a.m. and 7:00
19 p.m.
20 (i) Candidates receiving the highest number of votes
21 shall be declared elected by the Council. In cases of a tie,
22 the Council shall determine the winner by lot.
23 (j) The Council shall certify the results of the
24 election and shall publish the results in the minutes of the
25 Council.
26 (k) The general superintendent shall resolve any
27 disputes concerning election procedure or results and shall
28 ensure that, except as provided in subsections (e) and (g),
29 no resources of any attendance center shall be used to
30 endorse or promote any candidate.
31 (l) Beginning with the 1995-1996 school year and in
32 every even numbered year thereafter, the Board shall appoint
33 2 teacher members to each local school council. These
34 appointments shall be made in the following manner:
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1 (i) The Board shall appoint 2 teachers who are
2 employed and assigned to perform the majority of their
3 employment duties at the attendance center to serve on
4 the local school council of the attendance center for a
5 two-year term coinciding with the terms of the elected
6 parent and community members of that local school
7 council. These appointments shall be made from among
8 those teachers who are nominated in accordance with
9 subsection (f).
10 (ii) A non-binding, advisory poll to ascertain the
11 preferences of the school staff regarding appointments of
12 teachers to the local school council for that attendance
13 center shall be conducted in accordance with the
14 procedures used to elect parent and community Council
15 representatives. At such poll, each member of the school
16 staff shall be entitled to indicate his or her preference
17 for up to 2 candidates from among those who submitted
18 statements of candidacy as described above. These
19 preferences shall be advisory only and the Board shall
20 maintain absolute discretion to appoint teacher members
21 to local school councils, irrespective of the preferences
22 expressed in any such poll.
23 (iii) In the event that a teacher representative is
24 unable to perform his or her employment duties at the
25 school due to illness, disability, leave of absence,
26 disciplinary action, or any other reason, the Board shall
27 declare a temporary vacancy and appoint a replacement
28 teacher representative to serve on the local school
29 council until such time as the teacher member originally
30 appointed pursuant to this subsection (l) resumes service
31 at the attendance center or for the remainder of the
32 term. The replacement teacher representative shall be
33 appointed in the same manner and by the same procedures
34 as teacher representatives are appointed in subdivisions
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1 (i) and (ii) of this subsection (l).
2 (m) Beginning with the 1995-1996 school year, and in
3 every year thereafter, the Board shall appoint one student
4 member to each secondary attendance center. These
5 appointments shall be made in the following manner:
6 (i) Appointments shall be made from among those
7 students who submit statements of candidacy to the
8 principal of the attendance center, such statements to be
9 submitted commencing on the first day of the twentieth
10 week of school and continuing for 2 weeks thereafter.
11 The form and manner of such candidacy statements shall be
12 determined by the Board.
13 (ii) During the twenty-second week of school in
14 every year, the principal of each attendance center shall
15 conduct a non-binding, advisory poll to ascertain the
16 preferences of the school students regarding the
17 appointment of a student to the local school council for
18 that attendance center. At such poll, each student shall
19 be entitled to indicate his or her preference for up to
20 one candidate from among those who submitted statements
21 of candidacy as described above. The Board shall
22 promulgate rules to ensure that these non-binding,
23 advisory polls are conducted in a fair and equitable
24 manner and maximize the involvement of all school
25 students. The preferences expressed in these
26 non-binding, advisory polls shall be transmitted by the
27 principal to the Board. However, these preferences shall
28 be advisory only and the Board shall maintain absolute
29 discretion to appoint student members to local school
30 councils, irrespective of the preferences expressed in
31 any such poll.
32 (iii) For the 1995-96 school year only,
33 appointments shall be made from among those students who
34 submitted statements of candidacy to the principal of the
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1 attendance center during the first 2 weeks of the school
2 year. The principal shall communicate the results of any
3 nonbinding, advisory poll to the Board. These results
4 shall be advisory only, and the Board shall maintain
5 absolute discretion to appoint student members to local
6 school councils, irrespective of the preferences
7 expressed in any such poll.
8 (n) The Board may promulgate such other rules and
9 regulations for election procedures as may be deemed
10 necessary to ensure fair elections.
11 (o) In the event that a vacancy occurs during a member's
12 term, the Council shall appoint a person eligible to serve on
13 the Council, to fill the unexpired term created by the
14 vacancy, except that any teacher vacancy shall be filled by
15 the Board after considering the preferences of the school
16 staff as ascertained through a non-binding advisory poll of
17 school staff.
18 (p) If less than the specified number of persons is
19 elected within each candidate category, the newly elected
20 local school council shall appoint eligible persons to serve
21 as members of the Council for two-year terms.
22 (q) The Board shall promulgate rules regarding conflicts
23 of interest and disclosure of economic interests which shall
24 apply to local school council members and which shall require
25 reports or statements to be filed by Council members at
26 regular intervals with the Secretary of the Board. Failure
27 to comply with such rules or intentionally falsifying such
28 reports shall be grounds for disqualification from local
29 school council membership. A vacancy on the Council for
30 disqualification may be so declared by the Secretary of the
31 Board. Rules regarding conflicts of interest and disclosure
32 of economic interests promulgated by the Board shall apply to
33 local school council members in addition to the requirements
34 of the Illinois Governmental Ethics Act applicable to local
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1 school council members. No less than 45 days prior to the
2 deadline, the general superintendent shall provide notice, by
3 mail, to each local school council member of all requirements
4 and forms for compliance with economic interest statements.
5 (r) (1) If a parent member of a local school council
6 ceases to have any child enrolled in the attendance center
7 governed by the Local School Council due to the graduation or
8 voluntary transfer of a child or children from the attendance
9 center, the parent's membership on the Local School Council
10 and all voting rights are terminated immediately as of the
11 date of the child's graduation or voluntary transfer.
12 Further, a local school council member may be removed from
13 the Council by a majority vote of the Council as provided in
14 subsection (c) of Section 34-2.2 if the Council member has
15 missed 3 consecutive regular meetings, not including
16 committee meetings, or 5 regular meetings in a 12 month
17 period, not including committee meetings. If a parent member
18 of a local school council ceases to be eligible to serve on
19 the Council for any other reason, he or she shall be removed
20 by the Board subject to a hearing, convened pursuant to Board
21 rule, prior to removal. Further, a local school council
22 member may be removed by the council by a majority vote of
23 the council as provided in subsection (c) of Section 34-2.2
24 if the council determines that a member failed to disclose a
25 conviction of any of the offenses specified in subsection (c)
26 of Section 34-18.5 as required in subsection (f) of this
27 Section 34-2.1. A vote to remove a Council member by the
28 local school council shall only be valid if the Council
29 member has been notified personally or by certified mail,
30 mailed to the person's last known address, of the Council's
31 intent to vote on the Council member's removal at least 7
32 days prior to the vote. The Council member in question shall
33 have the right to explain his or her actions and shall be
34 eligible to vote on the question of his or her removal from
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1 the Council. The provisions of this subsection shall be
2 contained within the petitions used to nominate Council
3 candidates.
4 (2) A person may continue to serve as a community
5 resident member of a local school council as long as he or
6 she resides in the attendance area served by the school and
7 is not employed by the Board nor is a parent of a student
8 enrolled at the school. If a community resident member
9 ceases to be eligible to serve on the Council, he or she
10 shall be removed by the Board subject to a hearing, convened
11 pursuant to Board rule, prior to removal.
12 (3) A person may continue to serve as a teacher member
13 of a local school council as long as he or she is employed
14 and assigned to perform a majority of his or her duties at
15 the school, provided that if the teacher representative
16 resigns from employment with the Board or voluntarily
17 transfers to another school, the teacher's membership on the
18 local school council and all voting rights are terminated
19 immediately as of the date of the teacher's resignation or
20 upon the date of the teacher's voluntary transfer to another
21 school. If a teacher member of a local school council ceases
22 to be eligible to serve on a local school council for any
23 other reason, that member shall be removed by the Board
24 subject to a hearing, convened pursuant to Board rule, prior
25 to removal.
26 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
27 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
28 8-14-97; 90-590, eff. 1-1-00.)
29 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
30 Sec. 34-2.2. Local school councils - Manner of
31 operation.
32 (a) The annual organizational meeting of each local
33 school council shall be held at the attendance center. At
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1 the annual organization meeting, which shall be held no
2 sooner than July 1 and no later than July 14, a parent member
3 of the local school council shall be selected by the members
4 of such council as its chairperson, and a secretary shall be
5 selected by the members of such council from among their
6 number, each to serve a term of one year. Whenever a vacancy
7 in the office of chairperson or secretary of a local school
8 council shall occur, a new chairperson (who shall be a parent
9 member) or secretary, as the case may be, shall be elected by
10 the members of the local school council from among their
11 number to serve as such chairperson or secretary for the
12 unexpired term of office in which the vacancy occurs. At
13 each annual organizational meeting, the time and place of any
14 regular meetings of the local school council shall be fixed.
15 Special meetings of the local school council may be called by
16 the chairperson or by any 4 members by giving notice thereof
17 in writing, specifying the time, place and purpose of the
18 meeting. Public notice of meetings shall also be given in
19 accordance with the Open Meetings Act.
20 (b) Members and officers of the local school council
21 shall serve without compensation and without reimbursement of
22 any expenses incurred in the performance of their duties,
23 except that the board of education may by rule establish a
24 procedure and thereunder provide for reimbursement of members
25 and officers of local school councils for such of their
26 reasonable and necessary expenses (excluding any lodging or
27 meal expenses) incurred in the performance of their duties as
28 the board may deem appropriate.
29 (c) A majority of the full membership of the local
30 school council shall constitute a quorum, and whenever a vote
31 is taken on any measure before the local school council, a
32 quorum being present, the affirmative vote of a majority of
33 the votes of the full membership then serving of the local
34 school council shall determine the outcome thereof; provided
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1 that whenever the measure before the local school council is
2 (i) the evaluation of the principal, or (ii) the renewal of
3 his or her performance contract or the inclusion of any
4 provision or modification of the contract, or (iii) the
5 direct selection by the local school council of a new
6 principal (including a new principal to fill a vacancy) to
7 serve under a 4 year performance contract, or (iv) the
8 determination of the names of candidates to be submitted to
9 the general superintendent for the position of principal, or
10 (v) the selection of a principal in cases of the general
11 superintendent's failure or refusal to make the selection
12 after a list or lists of candidates for the position of
13 principal have been submitted by the local school council to
14 the general superintendent as provided in Section 34-2.3, the
15 principal and student member of a high school council shall
16 not be counted for purposes of determining whether a quorum
17 is present to act on the measure and shall have no vote
18 thereon; and provided further that 7 affirmative votes of the
19 local school council shall be required for the direct
20 selection by the local school council without the prior
21 submission of a list of candidates to the general
22 superintendent for the position of principal as provided in
23 Section 34-2.3 of a new principal (including a new principal
24 to fill a vacancy) to serve under a 4 year performance
25 contract but not for the renewal of a principal's performance
26 contract.
27 (d) Student members of high school councils shall not be
28 eligible to vote on personnel matters, including but not
29 limited to principal evaluations and contracts and the
30 allocation of teaching and staff resources.
31 (e) The local school council of an attendance center
32 which provides bilingual education shall be encouraged to
33 provide translators at each council meeting to maximize
34 participation of parents and the community.
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1 (f) Each local school council of an attendance center
2 which provides bilingual education shall create a Bilingual
3 Advisory Committee or recognize an existing Bilingual
4 Advisory Committee as a standing committee. The Chair and a
5 majority of the members of the advisory committee shall be
6 parents of students in the bilingual education program. The
7 parents on the advisory committee shall be selected by
8 parents of students in the bilingual education program, and
9 the committee shall select a Chair. The advisory committee
10 for each secondary attendance center shall include at least
11 one full-time bilingual education student. The Bilingual
12 Advisory Committee shall serve only in an advisory capacity
13 to the local school council.
14 (g) Local school councils may utilize the services of an
15 arbitration board to resolve intra-council disputes.
16 (Source: P.A. 88-85; 88-686, eff. 1-24-95; 89-15, eff.
17 5-30-95.)
18 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
19 Sec. 34-2.3. Local school councils - Powers and duties.
20 Each local school council shall have and exercise, consistent
21 with the provisions of this Article and the powers and duties
22 of the board of education, the following powers and duties:
23 1. (A) To annually evaluate the performance of the
24 principal of the attendance center using a Board approved
25 principal evaluation form, which shall include the evaluation
26 of (i) student academic improvement, as defined by the school
27 improvement plan, (ii) student absenteeism rates at the
28 school, (iii) instructional leadership, (iv) the effective
29 implementation of programs, policies, or strategies to
30 improve student academic achievement, (v) school management,
31 and (vi) any other factors deemed relevant by the local
32 school council, including, without limitation, the
33 principal's communication skills and ability to create and
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1 maintain a student-centered learning environment, to develop
2 opportunities for professional development, and to encourage
3 parental involvement and community partnerships to achieve
4 school improvement; taking into consideration the annual
5 evaluation of the principal conducted by the general
6 superintendent pursuant to subsection (h) of Section 34-8.3,
7 (B) to determine in the manner provided by
8 subsection (c) of Section 34-2.2 whether the performance
9 contract of the principal shall be renewed; and,
10 (C) and to directly select, in the manner provided
11 by subsection (c) of Section 34-2.2, a new principal
12 (including a new principal to fill a vacancy) -- without
13 submitting any list of candidates for that position to
14 the general superintendent as provided in paragraph 2 of
15 this Section -- to serve under a 4 year performance
16 contract; provided that (i) the determination of whether
17 the principal's performance contract is to be renewed and
18 -- in cases where such performance contract is not
19 renewed -- a direct selection of a new principal -- to
20 serve under a 4 year performance contract shall be made
21 by the local school council no later than 45 days prior
22 to the expiration of the current performance contract of
23 the principal by April 15 of the calendar year in which
24 the current performance contract of the principal expires
25 direct selection by the local school council
26 of a new principal to fill a vacancy under a 4 year
27 performance contract shall be made within 90 days after
28 the date such vacancy occurs. A Council shall be
29 required, if requested by the principal, to provide in
30 writing the reasons for the council's not renewing the
31 principal's contract.
32 1.5. The local school council's determination of whether
33 to renew the principal's contract shall be based on an
34 evaluation to assess the educational and administrative
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1 progress made at the school during the principal's current
2 performance-based contract. The local school council shall
3 base its evaluation on (i) student academic improvement, as
4 defined by the school improvement plan, (ii) student
5 absenteeism rates at the school, (iii) instructional
6 leadership, (iv) the effective implementation of programs,
7 policies, or strategies to improve student academic
8 achievement, (v) school management, and (vi) any other
9 factors deemed relevant by the local school council,
10 including, without limitation, the principal's communication
11 skills and ability to create and maintain a student-centered
12 learning environment, to develop opportunities for
13 professional development, and to encourage parental
14 involvement and community partnerships to achieve school
15 improvement. If a local school council fails to renew the
16 performance contract of a principal rated by the general
17 superintendent, or his or her designee, in the previous
18 years' evaluations as meeting or exceeding expectations, the
19 principal, within 15 days after the local school council's
20 decision not to renew the contract, may request a review of
21 the local school council's principal non-retention decision
22 by a hearing officer appointed by the American Arbitration
23 Association. A local school council member or members or the
24 general superintendent may support the principal's request
25 for review. During the period of the hearing officer's review
26 of the local school council's decision on whether or not to
27 retain the principal, the local school council shall maintain
28 all authority to search for and contract with a person to
29 serve as interim or acting principal, or as the principal of
30 the attendance center under a 4-year performance contract,
31 provided that any performance contract entered into by the
32 local school council shall be voidable or modified in
33 accordance with the decision of the hearing officer. The
34 principal may request review only once while at that
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1 attendance center. If a local school council renews the
2 contract of a principal who failed to obtain a rating of
3 "meets" or "exceeds expectations" in the general
4 superintendent's evaluation for the previous year, a local
5 school council member or members or the general
6 superintendent, within 15 days after the local school
7 council's decision to renew the contract, may request a
8 review of the local school council's principal retention
9 decision by a hearing officer appointed by the American
10 Arbitration Association. The local school council member or
11 members or the general superintendent may request a review
12 only once for that principal at that attendance center. All
13 requests to review the retention or non-retention of a
14 principal shall be submitted to the general superintendent,
15 who shall, in turn, forward such requests, within 14 days of
16 receipt, to the American Arbitration Association. If the
17 local school council retains the principal and the general
18 superintendent requests a review of the retention decision,
19 the principal and the general superintendent shall be
20 considered adversarial parties and a hearing officer shall be
21 chosen between those 2 parties as described in Section 34-85
22 of this Code. If the local school council retains the
23 principal and a member or members of the local school council
24 requests a review of the principal's contract, the principal
25 and the local school council shall be considered adversarial
26 parties and a hearing officer shall be chosen between those 2
27 parties as described in Section 34-85 of this Code. If the
28 local school council does not retain the principal and the
29 principal requests a review of the retention decision, the
30 local school council and the principal shall be considered
31 adversarial parties and a hearing officer shall be chosen
32 between those 2 parties in the manner described in Section
33 34-85 of this Code. The hearing shall begin within 45 days
34 after the initial request for review. The hearing officer
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1 shall render a decision within 45 days after the hearing
2 begins. The Board shall contract with the American
3 Arbitration Association for all of the hearing officer's
4 reasonable and necessary costs. In addition, the Board shall
5 pay any reasonable costs incurred by a local school council
6 for representation before a hearing officer.
7 1.10. The hearing officer shall conduct a hearing, which
8 shall include (i) a review of the principal's performance,
9 evaluations, and other evidence of the principal's service at
10 the school, (ii) reasons provided by the local school council
11 for its decision, and (iii) documentation evidencing views of
12 interested persons, including, without limitation, students,
13 parents, local school council members, school faculty and
14 staff, the principal, the general superintendent or his or
15 her designee, and members of the community. The hearing
16 officer shall set the local school council decision aside if
17 that decision, in light of the record developed at the
18 hearing, is arbitrary and capricious. The decision of the
19 hearing officer may not be appealed to the Board or the State
20 Board of Education. If the hearing officer decides that the
21 principal shall be retained, the retention period shall not
22 exceed 2 years.
23 2. In the event (i) the local school council does not
24 renew the performance contract of the principal, or the
25 principal fails to receive a satisfactory rating as provided
26 in subsection (h) of Section 34-8.3, or the principal is
27 removed for cause during the term of his or her performance
28 contract in the manner provided by Section 34-85, or a
29 vacancy in the position of principal otherwise occurs prior
30 to the expiration of the term of a principal's performance
31 contract, and (ii) the local school council fails to directly
32 select a new principal (including a new principal to fill a
33 vacancy) to serve under a 4 year performance contract, the
34 local school council in such event shall submit to the
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1 general superintendent a list of 3 candidates -- listed in
2 the local school council's order of preference -- for the
3 position of principal, one of which shall be selected by the
4 general superintendent to serve as principal of the
5 attendance center. If the general superintendent fails or
6 refuses to select one of the candidates on the list to serve
7 as principal within 30 days after being furnished with the
8 candidate list, the general superintendent shall select and
9 place a principal on an interim basis (i) for a period not to
10 exceed one year or (ii) until the local school council
11 selects a new principal with 7 affirmative votes as provided
12 in subsection (c) of Section 34-2.2, whichever occurs first.
13 If the local school council fails or refuses to select and
14 appoint a new principal, as specified by subsection (c) of
15 Section 34-2.2, the general superintendent may select and
16 appoint a new principal on an interim basis for an additional
17 year or until a new contract principal is selected by the
18 local school council the local school council within 15 days
19 after such failure or refusal shall itself select one of the
20 candidates from the list as principal of the attendance
21 center. There shall be no discrimination on the basis of
22 race, sex, creed, color or disability unrelated to ability to
23 perform in connection with the submission of candidates for,
24 and the selection of a candidate to serve as principal of an
25 attendance center. No person shall be directly selected,
26 listed as a candidate for, or selected to serve as principal
27 of an attendance center (i) if such person has been removed
28 for cause from employment by the Board or (ii) if such person
29 does not hold a valid administrative certificate issued or
30 exchanged under Article 21 and endorsed as required by that
31 Article for the position of principal. A principal whose
32 performance contract is not renewed as provided under
33 subsection (c) of Section 34-2.2 may nevertheless, if
34 otherwise qualified and certified as herein provided and if
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1 he or she has received a satisfactory rating as provided in
2 subsection (h) of Section 34-8.3, be included by a local
3 school council as one of the 3 candidates listed in order of
4 preference on any candidate list from which one person is to
5 be selected to serve as principal of the attendance center
6 under a new performance contract. The initial candidate list
7 required to be submitted by a local school council to the
8 general superintendent in cases where the local school
9 council does not renew the performance contract of its
10 principal and does not directly select a new principal to
11 serve under a 4 year performance contract shall be submitted
12 not later than 30 days prior to the expiration of the current
13 performance contract. In cases where the local school
14 council fails or refuses to submit the candidate list to the
15 general superintendent no later than 30 days prior to the
16 expiration of the incumbent principal's contract, the general
17 superintendent may appoint a principal on an interim basis
18 for a period not to exceed one year, during which time the
19 local school council shall be able to select a new principal
20 with 7 affirmative votes as provided in subsection (c) of
21 Section 34-2.2 May 1 of the calendar year in which such
22 performance contract expires. In cases where a principal is
23 removed for cause or a vacancy otherwise occurs in the
24 position of principal and the vacancy is not filled by direct
25 selection by the local school council, the candidate list
26 shall be submitted by the local school council to the general
27 superintendent within not later than 90 days after the date
28 such removal or vacancy occurs. In cases where the local
29 school council fails or refuses to submit the candidate list
30 to the general superintendent within 90 days after the date
31 of the vacancy, the general superintendent may appoint a
32 principal on an interim basis for a period of one year,
33 during which time the local school council shall be able to
34 select a new principal with 7 affirmative votes as provided
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1 in subsection (c) of Section 34-2.2.
2 2.5. Whenever a vacancy in the office of a principal
3 occurs for any reason, the vacancy shall be filled in the
4 manner provided by this Section by the selection of a new
5 principal to serve under a 4 year performance contract.
6 3. To establish additional criteria to be included as
7 part of the performance contract of its principal, provided
8 that such additional criteria shall not discriminate on the
9 basis of race, sex, creed, color or disability unrelated to
10 ability to perform, and shall not be inconsistent with the
11 uniform 4 year performance contract for principals developed
12 by the board as provided in Section 34-8.1 of the School Code
13 or with other provisions of this Article governing the
14 authority and responsibility of principals.
15 4. To approve the expenditure plan prepared by the
16 principal with respect to all funds allocated and distributed
17 to the attendance center by the Board. The expenditure plan
18 shall be administered by the principal. Notwithstanding any
19 other provision of this Act or any other law, any expenditure
20 plan approved and administered under this Section 34-2.3
21 shall be consistent with and subject to the terms of any
22 contract for services with a third party entered into by the
23 Chicago School Reform Board of Trustees or the board under
24 this Act.
25 Via a supermajority vote of 7 members of the local school
26 council or 8 members of a high school local school council,
27 the Council may transfer allocations pursuant to Section
28 34-2.3 within funds; provided that such a transfer is
29 consistent with applicable law and collective bargaining
30 agreements.
31 Beginning in fiscal year 1991 and in each fiscal year
32 thereafter, the Board may reserve up to 1% of its total
33 fiscal year budget for distribution on a prioritized basis to
34 schools throughout the school system in order to assure
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1 adequate programs to meet the needs of special student
2 populations as determined by the Board. This distribution
3 shall take into account the needs catalogued in the
4 Systemwide Plan and the various local school improvement
5 plans of the local school councils. Information about these
6 centrally funded programs shall be distributed to the local
7 school councils so that their subsequent planning and
8 programming will account for these provisions.
9 Beginning in fiscal year 1991 and in each fiscal year
10 thereafter, from other amounts available in the applicable
11 fiscal year budget, the board shall allocate a lump sum
12 amount to each local school based upon such formula as the
13 board shall determine taking into account the special needs
14 of the student body. The local school principal shall
15 develop an expenditure plan in consultation with the local
16 school council, the professional personnel advisory committee
17 and with all other school personnel, which reflects the
18 priorities and activities as described in the school's local
19 school improvement plan and is consistent with applicable law
20 and collective bargaining agreements and with board policies
21 and standards; however, the local school council shall have
22 the right to request waivers of board policy from the board
23 of education and waivers of employee collective bargaining
24 agreements pursuant to Section 34-8.1a.
25 The expenditure plan developed by the principal with
26 respect to amounts available from the fund for prioritized
27 special needs programs and the allocated lump sum amount must
28 be approved by the local school council.
29 The lump sum allocation shall take into account the
30 following principles:
31 a. Teachers: Each school shall be allocated funds
32 equal to the amount appropriated in the previous school
33 year for compensation for teachers (regular grades
34 kindergarten through 12th grade) plus whatever increases
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1 in compensation have been negotiated contractually or
2 through longevity as provided in the negotiated
3 agreement. Adjustments shall be made due to layoff or
4 reduction in force, lack of funds or work, change in
5 subject requirements, enrollment changes, or contracts
6 with third parties for the performance of services or to
7 rectify any inconsistencies with system-wide allocation
8 formulas or for other legitimate reasons.
9 b. Other personnel: Funds for other teacher
10 certificated and uncertificated personnel paid through
11 non-categorical funds shall be provided according to
12 system-wide formulas based on student enrollment and the
13 special needs of the school as determined by the Board.
14 c. Non-compensation items: Appropriations for all
15 non-compensation items shall be based on system-wide
16 formulas based on student enrollment and on the special
17 needs of the school or factors related to the physical
18 plant, including but not limited to textbooks, supplies,
19 electricity, equipment, and routine maintenance.
20 d. Funds for categorical programs: Schools shall
21 receive personnel and funds based on, and shall use such
22 personnel and funds in accordance with State and Federal
23 requirements applicable to each categorical program
24 provided to meet the special needs of the student body
25 (including but not limited to, Federal Chapter I,
26 Bilingual, and Special Education).
27 d.1. Funds for State Title I: Each school shall
28 receive funds based on State and Board requirements
29 applicable to each State Title I pupil provided to meet
30 the special needs of the student body. Each school shall
31 receive the proportion of funds as provided in Section
32 18-8 to which they are entitled. These funds shall be
33 spent only with the budgetary approval of the Local
34 School Council as provided in Section 34-2.3.
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1 e. The Local School Council shall have the right to
2 request the principal to close positions and open new
3 ones consistent with the provisions of the local school
4 improvement plan provided that these decisions are
5 consistent with applicable law and collective bargaining
6 agreements. If a position is closed, pursuant to this
7 paragraph, the local school shall have for its use the
8 system-wide average compensation for the closed position.
9 f. Operating within existing laws and collective
10 bargaining agreements, the local school council shall
11 have the right to direct the principal to shift
12 expenditures within funds.
13 g. (Blank).
14 Any funds unexpended at the end of the fiscal year shall
15 be available to the board of education for use as part of its
16 budget for the following fiscal year.
17 5. To make recommendations to the principal concerning
18 textbook selection and concerning curriculum developed
19 pursuant to the school improvement plan which is consistent
20 with systemwide curriculum objectives in accordance with
21 Sections 34-8 and 34-18 of the School Code and in conformity
22 with the collective bargaining agreement.
23 6. To advise the principal concerning the attendance and
24 disciplinary policies for the attendance center, subject to
25 the provisions of this Article and Article 26, and consistent
26 with the uniform system of discipline established by the
27 board pursuant to Section 34-19.
28 7. To approve a school improvement plan developed as
29 provided in Section 34-2.4. The process and schedule for plan
30 development shall be publicized to the entire school
31 community, and the community shall be afforded the
32 opportunity to make recommendations concerning the plan. At
33 least twice a year the principal and local school council
34 shall report publicly on progress and problems with respect
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1 to plan implementation.
2 8. To evaluate the allocation of teaching resources and
3 other certificated and uncertificated staff to the attendance
4 center to determine whether such allocation is consistent
5 with and in furtherance of instructional objectives and
6 school programs reflective of the school improvement plan
7 adopted for the attendance center; and to make
8 recommendations to the board, the general superintendent and
9 the principal concerning any reallocation of teaching
10 resources or other staff whenever the council determines that
11 any such reallocation is appropriate because the
12 qualifications of any existing staff at the attendance center
13 do not adequately match or support instructional objectives
14 or school programs which reflect the school improvement plan.
15 9. To make recommendations to the principal and the
16 general superintendent concerning their respective
17 appointments, after August 31, 1989, and in the manner
18 provided by Section 34-8 and Section 34-8.1, of persons to
19 fill any vacant, additional or newly created positions for
20 teachers at the attendance center or at attendance centers
21 which include the attendance center served by the local
22 school council.
23 10. To request of the Board the manner in which training
24 and assistance shall be provided to the local school council.
25 Pursuant to Board guidelines a local school council is
26 authorized to direct the Board of Education to contract with
27 personnel or not-for-profit organizations not associated with
28 the school district to train or assist council members. If
29 training or assistance is provided by contract with personnel
30 or organizations not associated with the school district, the
31 period of training or assistance shall not exceed 30 hours
32 during a given school year; person shall not be employed on a
33 continuous basis longer than said period and shall not have
34 been employed by the Chicago Board of Education within the
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1 preceding six months. Council members shall receive training
2 in at least the following areas:
3 1. school budgets;
4 2. educational theory pertinent to the attendance
5 center's particular needs, including the development of
6 the school improvement plan and the principal's
7 performance contract; and
8 3. personnel selection.
9 Council members shall, to the greatest extent possible,
10 complete such training within 90 days of election.
11 11. In accordance with systemwide guidelines contained
12 in the System-Wide Educational Reform Goals and Objectives
13 Plan, criteria for evaluation of performance shall be
14 established for local school councils and local school
15 council members. If a local school council persists in
16 noncompliance with systemwide requirements, the Board may
17 impose sanctions and take necessary corrective action,
18 consistent with Section 34-8.3.
19 12. Each local school council shall comply with the Open
20 Meetings Act and the Freedom of Information Act. Each local
21 school council shall issue and transmit to its school
22 community a detailed annual report accounting for its
23 activities programmatically and financially. Each local
24 school council shall convene at least 2 well-publicized
25 meetings annually with its entire school community. These
26 meetings shall include presentation of the proposed local
27 school improvement plan, of the proposed school expenditure
28 plan, and the annual report, and shall provide an opportunity
29 for public comment.
30 13. Each local school council is encouraged to involve
31 additional non-voting members of the school community in
32 facilitating the council's exercise of its responsibilities.
33 14. The local school council may adopt a school uniform
34 or dress code policy that governs the attendance center and
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1 that is necessary to maintain the orderly process of a school
2 function or prevent endangerment of student health or safety,
3 consistent with the policies and rules of the Board of
4 Education. A school uniform or dress code policy adopted by a
5 local school council: (i) shall not be applied in such manner
6 as to discipline or deny attendance to a transfer student or
7 any other student for noncompliance with that policy during
8 such period of time as is reasonably necessary to enable the
9 student to acquire a school uniform or otherwise comply with
10 the dress code policy that is in effect at the attendance
11 center into which the student's enrollment is transferred;
12 and (ii) shall include criteria and procedures under which
13 the local school council will accommodate the needs of or
14 otherwise provide appropriate resources to assist a student
15 from an indigent family in complying with an applicable
16 school uniform or dress code policy. A student whose parents
17 or legal guardians object on religious grounds to the
18 student's compliance with an applicable school uniform or
19 dress code policy shall not be required to comply with that
20 policy if the student's parents or legal guardians present to
21 the local school council a signed statement of objection
22 detailing the grounds for the objection.
23 15. All decisions made and actions taken by the local
24 school council in the exercise of its powers and duties shall
25 comply with State and federal laws, all applicable collective
26 bargaining agreements, court orders and rules properly
27 promulgated by the Board.
28 15a. To grant, in accordance with board rules and
29 policies, the use of assembly halls and classrooms when not
30 otherwise needed, including lighting, heat, and attendants,
31 for public lectures, concerts, and other educational and
32 social activities.
33 15b. To approve, in accordance with board rules and
34 policies, receipts and expenditures for all internal accounts
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1 of the attendance center, and to approve all fund-raising
2 activities by nonschool organizations that use the school
3 building.
4 16. (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 (105 ILCS 5/34-2.3b)
10 Sec. 34-2.3b. Local School Council Training. The board
11 shall collaborate with universities and other interested
12 entities and individuals to offer training to local school
13 council members on topics relevant to school operations and
14 their responsibilities as local school council members,
15 including but not limited to legal requirements, role
16 differentiation, responsibilities, and authorities, and
17 improving student achievement. Training of local school
18 council members shall be provided at the direction of the
19 board in consultation with the Council of Chicago-area Deans
20 of Education. Incoming local school council members shall be
21 required to complete a 3-day training program provided under
22 this Section within 6 months of taking office. The board
23 shall monitor the compliance of incoming local school council
24 members with the 3-day training program requirement
25 established by this Section. The board shall declare vacant
26 the office of a local school council member who fails to
27 complete the 3-day training program provided under this
28 Section within the 6 month period allowed. Any such vacancy
29 shall be filled as provided in subsection (o) of Section
30 34-2.1 by appointment of another person qualified to hold the
31 office. In addition to requiring local school council
32 members to complete the 3-day training program under this
33 Section, the board may encourage local school council members
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1 to complete additional training during their term of office
2 and shall provide recognition for individuals completing that
3 additional training. The board is authorized to collaborate
4 with universities, non-profits, and other interested
5 organizations and individuals to offer additional training to
6 local school council members on a regular basis during their
7 term in office. The board shall not be required to bear the
8 cost of the required 3-day training program or any additional
9 training provided to local school council members under this
10 Section.
11 The board shall also offer training to aid local school
12 councils in developing principal evaluation procedures and
13 criteria. The board shall send out requests for proposals
14 concerning this training and is authorized to contract with
15 universities, non-profits, and other interested organizations
16 and individuals to provide this training. The board is
17 authorized to use funds from private organizations,
18 non-profits, or any other outside source as well as its own
19 funds for this purpose.
20 (Source: P.A. 89-15, eff. 5-30-95; 90-100, eff. 7-11-97.)
21 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
22 Sec. 34-2.4b. Limitation upon applicability. The
23 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
24 34-2.4 and 34-8.3, and those provisions of paragraph 1 of
25 Section 34-18 and paragraph (c) of Section 34A-201a relating
26 to the allocation or application -- by formula or otherwise
27 -- of lump sum amounts and other funds to attendance centers,
28 shall not apply to attendance centers that have applied for
29 and been designated as a "Small School" by the Board, the
30 Cook County Juvenile Detention Center and Cook County Jail
31 schools, nor to the district's alternative schools for
32 pregnant girls, nor to alternative schools established under
33 Article 13A, nor to Washburne Trade School, the Industrial
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1 Skills Center or Michael R. Durso School, the Jackson Adult
2 Center, the Hillard Adult Center, or the Alternative
3 Transitional School, or any other attendance center
4 designated by the Board as an alternative school, provided
5 that the designation is not applied to a school building that
6 has in place a legally constituted local school council; and
7 the board of education shall have and exercise with respect
8 to those schools and with respect to the conduct, operation,
9 affairs and budgets of those schools, and with respect to the
10 principals, teachers and other school staff there employed,
11 the same powers which are exercisable by local school
12 councils with respect to the other attendance centers,
13 principals, teachers and school staff within the district,
14 together with all powers and duties generally exercisable by
15 the board of education with respect to all attendance centers
16 within the district. The board of education shall develop
17 appropriate alternative methods for involving parents,
18 community members and school staff to the maximum extent
19 possible in all of the activities of those schools, and may
20 delegate to the parents, community members and school staff
21 so involved the same powers which are exercisable by local
22 school councils with respect to other attendance centers.
23 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96;
24 90-566, eff. 1-2-98.)
25 (105 ILCS 5/34-3.4)
26 (Section scheduled to be repealed on June 30, 2000)
27 Sec. 34-3.4. Chicago Schools Academic Accountability
28 Council.
29 (a) The Chicago Schools Academic Accountability Council,
30 hereinafter in this Section referred to as the "Council",
31 shall be created as provided in this Section to assist the
32 board and the State Board of Education in ensuring the
33 continuous improvement in all schools operated by the board.
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1 (b) The purpose of the Council is to develop and
2 implement a comprehensive system of review, evaluation, and
3 analysis of school performance within the Chicago public
4 schools.
5 (c) The Trustees in consultation with the State Board of
6 Education shall establish the Chicago Schools Academic
7 Accountability Council to develop and implement an evaluation
8 system of the academic achievement of schools in districts
9 having a population that exceeds 500,000. The Trustees, in
10 consultation with the State Board of Education, shall
11 determine the size and makeup of the Council, the terms of
12 office of its members, and the process for appointment,
13 removal, and replacement of Council members. Evaluations will
14 be provided to the Trustees, the chief educational officer,
15 the respective principals, the respective local school
16 councils, and the State Superintendent of Education.
17 Evaluations may make recommendations to support future school
18 improvement, including recognition for exemplary achievement,
19 and initiation of remediation, probation, intervention, or
20 closure for an attendance center not meeting academic
21 standards. Consultation with the State Board of Education
22 shall be directed at ensuring consistency of evaluations and
23 preventing duplicative evaluation efforts.
24 (d) Nothing in this Section is designed to limit or
25 otherwise affect the general powers and responsibilities of
26 the chief educational officer to intervene or otherwise act
27 with respect to any attendance center not meeting standards
28 of academic performance and improvement specified by the
29 board, including intervention or action through remediation,
30 probation, intervention or closure.
31 (e) The Trustees and the chief educational officer may
32 request the Council to conduct or arrange for evaluations of
33 educational programs, policies, and procedures as may be
34 deemed necessary to ensure the academic progress of the
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1 attendance centers in the system.
2 (f) The annual budget of the Council shall be determined
3 by the Trustees. Revenues needed to support the operations
4 of the Council may be derived from any available sources,
5 including, but not limited to, State aid received by the
6 board that was previously paid to the School Finance
7 Authority. Revenues may also be derived from grants and
8 other contributions from civic, business, and community-based
9 foundations and from other private sources.
10 (g) The Council shall be subject to the provisions of
11 the Open Meetings Act and the Freedom of Information Act.
12 (h) This Section is repealed on June 30, 2004 2000.
13 (Source: P.A. 89-15, eff. 5-30-95; 89-626, eff. 8-9-96.)
14 (105 ILCS 5/34-8) (from Ch. 122, par. 34-8)
15 Sec. 34-8. Powers and duties of general superintendent.
16 The general superintendent of schools shall prescribe and
17 control, subject to the approval of the board and to other
18 provisions of this Article, the courses of study mandated by
19 State law, textbooks, educational apparatus and equipment,
20 discipline in and conduct of the schools, and shall perform
21 such other duties as the board may by rule prescribe. The
22 superintendent shall also notify the State Board of
23 Education, the board and the chief administrative official,
24 other than the alleged perpetrator himself, in the school
25 where the alleged perpetrator serves, that any person who is
26 employed in a school or otherwise comes into frequent contact
27 with children in the school has been named as a perpetrator
28 in an indicated report filed pursuant to the Abused and
29 Neglected Child Reporting Act, approved June 26, 1975, as
30 amended.
31 The general superintendent may be granted the authority
32 by the board to hire a specific number of employees to assist
33 in meeting immediate responsibilities. Conditions of
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1 employment for such personnel shall not be subject to the
2 provisions of Section 34-85.
3 The general superintendent may, pursuant to a delegation
4 of authority by the board and Section 34-18, approve
5 contracts and expenditures.
6 Pursuant to other provisions of this Article, sites shall
7 be selected, schoolhouses located thereon and plans therefor
8 approved, and textbooks and educational apparatus and
9 equipment shall be adopted and purchased by the board only
10 upon the recommendation of the general superintendent of
11 schools or by a majority vote of the full membership of the
12 board and, in the case of textbooks, subject to Article 28 of
13 this Act. The board may furnish free textbooks to pupils and
14 may publish its own textbooks and manufacture its own
15 apparatus, equipment and supplies.
16 In addition, in January of each year, beginning in 1990,
17 the general superintendent of schools shall report to the
18 regional superintendent of schools of the educational service
19 region in which the school district organized under this
20 Article is located, the number of high school students in the
21 district who are enrolled in accredited courses (for which
22 high school credit will be awarded upon successful completion
23 of the courses) at any community college, together with the
24 name and number of the course or courses which each such
25 student is taking.
26 The general superintendent shall also have the authority
27 to monitor the performance of attendance centers, to identify
28 and place an attendance center on remediation and probation,
29 and to recommend to the board that the attendance center be
30 placed on intervention and be reconstituted, subject to the
31 provisions of Sections 34-8.3 and 8.4.
32 The general superintendent, or his or her designee, shall
33 conduct an annual evaluation of each principal in the
34 district pursuant to guidelines promulgated by the Board and
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1 the Board approved principal evaluation form. The evaluation
2 shall be based on factors, including the following: (i)
3 student academic improvement, as defined by the school
4 improvement plan; (ii) student absenteeism rates at the
5 school; (iii) instructional leadership; (iv) effective
6 implementation of programs, policies, or strategies to
7 improve student academic achievement; (v) school management;
8 and (vi) other factors, including, without limitation, the
9 principal's communication skills and ability to create and
10 maintain a student-centered learning environment, to develop
11 opportunities for professional development, and to encourage
12 parental involvement and community partnerships to achieve
13 school improvement.
14 (Source: P.A. 88-511; 89-15, eff. 5-30-95.)
15 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
16 Sec. 34-8.1. Principals. Principals shall be employed to
17 supervise the operation of each attendance center. Their
18 powers and duties shall include but not be limited to the
19 authority (i) to direct, supervise, evaluate, and suspend
20 with or without pay or otherwise discipline all teachers,
21 assistant principals, and other employees assigned to the
22 attendance center in accordance with board rules and policies
23 and (ii) to direct all other persons assigned to the
24 attendance center pursuant to a contract with a third party
25 to provide services to the school system. The right to
26 employ, discharge, and layoff shall be vested solely with the
27 board. The principal shall fill positions by appointment as
28 provided in this Section and may make recommendations to the
29 board regarding the employment, discharge, or layoff of any
30 individual. The authority of the principal shall include the
31 authority to direct the hours during which the attendance
32 center shall be open and available for use provided the use
33 complies with board rules and policies, to determine when and
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1 what operations shall be conducted within those hours, and to
2 schedule staff within those hours. Under the direction of,
3 and subject to the authority of the principal, the Engineer
4 In Charge shall be accountable for the safe, economical
5 operation of the plant and grounds and shall also be
6 responsible for orientation, training, and supervising the
7 work of Engineers, Trainees, school maintenance assistants,
8 custodial workers and other plant operation employees under
9 his or her direction.
10 There shall be established by the board a system of
11 semi-annual evaluations conducted by the principal as to
12 performance of the engineer in charge. Nothing in this
13 Section shall prevent the principal from conducting
14 additional evaluations. An overall numerical rating shall
15 be given by the principal based on the evaluation conducted
16 by the principal. An unsatisfactory numerical rating shall
17 result in disciplinary action, which may include, without
18 limitation and in the judgment of the principal, loss of
19 promotion or bidding procedure, reprimand, suspension with or
20 without pay, or recommended dismissal. The board shall
21 establish procedures for conducting the evaluation and
22 reporting the results to the engineer in charge.
23 Under the direction of, and subject to the authority of,
24 the principal, the Food Service Manager is responsible at all
25 times for the proper operation and maintenance of the lunch
26 room to which he is assigned and shall also be responsible
27 for the orientation, training, and supervising the work of
28 cooks, bakers, porters, and lunchroom attendants under his or
29 her direction.
30 There shall be established by the Board a system of
31 semi-annual evaluations conducted by the principal as to the
32 performance of the food service manager. Nothing in this
33 Section shall prevent the principal from conducting
34 additional evaluations. An overall numerical rating shall be
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1 given by the principal based on the evaluation conducted by
2 the principal. An unsatisfactory numerical rating shall
3 result in disciplinary action which may include, without
4 limitation and in the judgment of the principal, loss of
5 promotion or bidding procedure, reprimand, suspension with or
6 without pay, or recommended dismissal. The board shall
7 establish rules for conducting the evaluation and reporting
8 the results to the food service manager.
9 Nothing in this Section shall be interpreted to require
10 the employment or assignment of an Engineer-In-Charge or a
11 Food Service Manager for each attendance center.
12 Principals shall be employed to supervise the educational
13 operation of each attendance center. If a principal is absent
14 due to extended illness or leave or absence, an assistant
15 principal may be assigned as acting principal for a period
16 not to exceed 100 school days. Each principal shall assume
17 administrative responsibility and instructional leadership,
18 in accordance with reasonable rules and regulations of the
19 board, for the planning, operation and evaluation of the
20 educational program of the attendance center to which he is
21 assigned. The principal shall submit recommendations to the
22 general superintendent concerning the appointment, dismissal,
23 retention, promotion, and assignment of all personnel
24 assigned to the attendance center; provided, that from and
25 after September 1, 1989: (i) if any vacancy occurs in a
26 position at the attendance center or if an additional or new
27 position is created at the attendance center, that position
28 shall be filled by appointment made by the principal in
29 accordance with procedures established and provided by the
30 Board whenever the majority of the duties included in that
31 position are to be performed at the attendance center which
32 is under the principal's supervision, and each such
33 appointment so made by the principal shall be made and based
34 upon merit and ability to perform in that position without
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1 regard to seniority or length of service, provided, that such
2 appointments shall be subject to the Board's desegregation
3 obligations, including but not limited to the Consent Decree
4 and Desegregation Plan in U.S. v. Chicago Board of Education;
5 (ii) the principal shall submit recommendations based upon
6 merit and ability to perform in the particular position,
7 without regard to seniority or length of service, to the
8 general superintendent concerning the appointment of any
9 teacher, teacher aide, counselor, clerk, hall guard, security
10 guard and any other personnel which is to be made by the
11 general superintendent whenever less than a majority of the
12 duties of that teacher, teacher aide, counselor, clerk, hall
13 guard, and security guard and any other personnel are to be
14 performed at the attendance center which is under the
15 principal's supervision; and (iii) subject to law and the
16 applicable collective bargaining agreements, the authority
17 and responsibilities of a principal with respect to the
18 evaluation of all teachers and other personnel assigned to an
19 attendance center shall commence immediately upon his or her
20 appointment as principal of the attendance center, without
21 regard to the length of time that he or she has been the
22 principal of that attendance center.
23 Notwithstanding the existence of any other law of this
24 State, nothing in this Act shall prevent the board from
25 entering into a contract with a third party for services
26 currently performed by any employee or bargaining unit
27 member.
28 Notwithstanding any other provision of this Article, each
29 principal may approve contracts, binding on the board, in the
30 amount of no more than $10,000, if the contract is endorsed
31 by the Local School Council.
32 Unless otherwise prohibited by law or by rule of the
33 board, the principal shall provide to local school council
34 members copies of all internal audits and any other pertinent
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1 information generated by any audits or reviews of the
2 programs and operation of the attendance center.
3 Each principal shall hold a valid administrative
4 certificate issued or exchanged in accordance with Article 21
5 and endorsed as required by that Article for the position of
6 principal. The board may establish or impose academic,
7 educational, examination, and experience requirements and
8 criteria that are in addition to those established and
9 required by Article 21 for issuance of a valid certificate
10 endorsed for the position of principal as a condition of the
11 nomination, selection, appointment, employment, or continued
12 employment of a person as principal of any attendance center,
13 or as a condition of the renewal of any principal's
14 performance contract.
15 The board shall specify in its formal job description for
16 principals, and from and after July 1, 1990 shall specify in
17 the 4 year performance contracts for use with respect to all
18 principals, that his or her primary responsibility is in the
19 improvement of instruction. A majority of the time spent by
20 a principal shall be spent on curriculum and staff
21 development through both formal and informal activities,
22 establishing clear lines of communication regarding school
23 goals, accomplishments, practices and policies with parents
24 and teachers. The principal, with the assistance of the
25 local school council, shall develop a school improvement plan
26 as provided in Section 34-2.4 and, upon approval of the plan
27 by the local school council, shall be responsible for
28 directing implementation of the plan. The principal, with the
29 assistance of the Professional Personnel Advisory Committee,
30 shall develop the specific methods and contents of the
31 school's curriculum within the board's system-wide curriculum
32 standards and objectives and the requirements of the school
33 improvement plan. The board shall ensure that all principals
34 are evaluated on their instructional leadership ability and
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1 their ability to maintain a positive education and learning
2 climate. It shall also be the responsibility of the
3 principal to utilize resources of proper law enforcement
4 agencies when the safety and welfare of students and teachers
5 are threatened by illegal use of drugs and alcohol, by
6 illegal use or possession of weapons, or by illegal gang
7 activity.
8 On or before October 1, 1989, the Board of Education, in
9 consultation with any professional organization representing
10 principals in the district, shall promulgate rules and
11 implement a lottery for the purpose of determining whether a
12 principal's existing performance contract (including the
13 performance contract applicable to any principal's position
14 in which a vacancy then exists) expires on June 30, 1990 or
15 on June 30, 1991, and whether the ensuing 4 year performance
16 contract begins on July 1, 1990 or July 1, 1991. The Board of
17 Education shall establish and conduct the lottery in such
18 manner that of all the performance contracts of principals
19 (including the performance contracts applicable to all
20 principal positions in which a vacancy then exists), 50% of
21 such contracts shall expire on June 30, 1990, and 50% shall
22 expire on June 30, 1991. All persons serving as principal on
23 May 1, 1989, and all persons appointed as principal after May
24 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
25 manner other than as provided by Section 34-2.3, shall be
26 deemed by operation of law to be serving under a performance
27 contract which expires on June 30, 1990 or June 30, 1991; and
28 unless such performance contract of any such principal is
29 renewed (or such person is again appointed to serve as
30 principal) in the manner provided by Section 34-2.2 or
31 34-2.3, the employment of such person as principal shall
32 terminate on June 30, 1990 or June 30, 1991.
33 Commencing on July 1, 1990, or on July 1, 1991, and
34 thereafter, the principal of each attendance center shall be
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1 the person selected in the manner provided by Section 34-2.3
2 to serve as principal of that attendance center under a 4
3 year performance contract. All performance contracts of
4 principals expiring after July 1, 1990, or July 1, 1991,
5 shall commence on the date specified in the contract, and the
6 renewal of their performance contracts and the appointment of
7 principals when their performance contracts are not renewed
8 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
9 vacancy in the office of a principal occurs for any reason,
10 the vacancy shall be filled by the selection of a new
11 principal to serve under a 4 year performance contract in the
12 manner provided by Section 34-2.3.
13 The board of education shall develop and prepare, in
14 consultation with the organization representing principals, a
15 4 year performance contract for use at all attendance
16 centers, and shall furnish the same to each local school
17 council. The contract's 4-year term may be modified by the
18 board pursuant to the principal retention review provisions
19 of Section 34-2.3. The performance contract of each
20 principal shall consist of the uniform performance contract,
21 as developed or from time to time modified by the board, and
22 such additional criteria as are established by a local school
23 council pursuant to Section 34-2.3 for the performance
24 contract of its principal.
25 During the term of his or her performance contract, a
26 principal may be removed only as provided for in the
27 performance contract except for cause. He or she shall also
28 be obliged to follow the rules of the board of education
29 concerning conduct and efficiency.
30 In the event the performance contract of a principal is
31 not renewed or a principal is not reappointed as principal
32 under a new performance contract, or in the event a principal
33 is appointed to any position of superintendent or higher
34 position, or voluntarily resigns his position of principal,
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1 his or her employment as a principal shall terminate and such
2 former principal shall not be reinstated to the position from
3 which he or she was promoted to principal, except that he or
4 she, if otherwise qualified and certified in accordance with
5 Article 21, shall be placed by the board on appropriate
6 eligibility lists which it prepares for use in the filling of
7 vacant or additional or newly created positions for teachers.
8 The principal's total years of service to the board as both a
9 teacher and a principal, or in other professional capacities,
10 shall be used in calculating years of experience for purposes
11 of being selected as a teacher into new, additional or vacant
12 positions.
13 In the event the performance contract of a principal is
14 not renewed or a principal is not reappointed as principal
15 under a new performance contract, such principal shall be
16 eligible to continue to receive his or her previously
17 provided level of health insurance benefits for a period of
18 90 days following the non-renewal of the contract at no
19 expense to the principal, provided that such principal has
20 not retired.
21 (Source: P.A. 88-45; 88-85; 88-511; 88-670, eff. 12-2-94;
22 88-686, eff. 1-24-95; 89-15, eff. 5-30-95; 89-636, eff.
23 8-9-96.)
24 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
25 Sec. 34-8.3. Remediation and probation of attendance
26 centers.
27 (a) The general superintendent shall monitor the
28 performance of the attendance centers within the district and
29 shall identify attendance centers in which that have:
30 (1) there is a failure failed to develop, or
31 implement, or comply with a school improvement plan;
32 (2) there is a pervasive breakdown in the
33 educational program as indicated by factors, including,
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1 but not limited to, the absence of improvement in student
2 reading and math achievement scores, an increased
3 drop-out rate, a decreased graduation rate, and a
4 decrease in rate of student attendance failed to make
5 adequate progress toward complying with a school
6 improvement plan;
7 (3) (blank) failed or refused to comply with its
8 school improvement plan; or
9 (4) there is a failure otherwise failed or refusal
10 refused to comply with the provisions of this Act, other
11 applicable laws, collective bargaining agreements, court
12 orders, or with Board rules which the Board is authorized
13 to promulgate.
14 (b) If the general superintendent identifies a
15 nonperforming school as described herein, he or she shall
16 place the attendance center on remediation by developing a
17 remediation plan for the center. The purpose of the
18 remediation plan shall be to correct the deficiencies in the
19 performance of the attendance center by one or more of the
20 following methods:
21 (1) drafting a new school improvement plan;
22 (2) applying to the board for additional funding
23 for training for the local school council;
24 (3) directing implementation of a school
25 improvement plan;
26 (4) mediating disputes or other obstacles to reform
27 or improvement at the attendance center.
28 If, however, the general superintendent determines that
29 the problems are not able to be remediated by these methods,
30 the general superintendent shall place the attendance center
31 on probation.
32 (c) Each school placed on probation shall have a school
33 improvement plan and school budget for correcting
34 deficiencies identified specified by the board. The This
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1 plan shall include specific steps that the local school
2 council and school staff must take to correct identified
3 deficiencies and specific objective criteria by which the
4 school's subsequent progress will be determined judged. The
5 school budget shall include specific expenditures directly
6 calculated to correct educational and operational
7 deficiencies identified at the school by the probation team.
8 The plan may also specify external technical assistance that
9 will be provided to the school, drawing on its school
10 discretionary fund and other school funds.
11 (d) Schools placed on probation that, after a maximum of
12 one year, fail to make adequate progress in correcting
13 deficiencies are subject to the following action by the
14 general superintendent with the approval of the board, after
15 opportunity for a hearing:
16 (1) Ordering new local school council elections.
17 (2) Removing and replacing the principal.
18 (3) Replacement of faculty members, subject to the
19 provisions of Section 24A-5.
20 (4) Reconstitution of the attendance center and
21 replacement and reassignment by the general
22 superintendent of all employees of the attendance center.
23 (5) Intervention under Section 34-8.4.
24 (6) Closing of the school.
25 (e) Schools placed on probation shall remain on
26 probation from year to year until deficiencies are corrected,
27 even if such schools make acceptable annual progress.
28 (f) Where the board has reason to believe that
29 violations of civil rights, or of civil or criminal law have
30 occurred, or when the general superintendent deems that the
31 school is in educational crisis it may take immediate
32 corrective action, including the actions specified in this
33 Section, without first placing the school on remediation or
34 probation. Nothing described herein shall limit the
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1 authority of the board as provided by any law of this State.
2 The board shall develop criteria governing the determination
3 regarding when a school is in educational crisis.
4 (g) All persons serving as subdistrict superintendent on
5 May 1, 1995 shall be deemed by operation of law to be serving
6 under a performance contract which expires on June 30, 1995,
7 and the employment of each such person as subdistrict
8 superintendent shall terminate on June 30, 1995. The board
9 shall have no obligation to compensate any such person as a
10 subdistrict superintendent after June 30, 1995.
11 (h) The general superintendent shall, in consultation
12 with local school councils, conduct an annual evaluation of
13 each principal in the district pursuant to guidelines
14 promulgated by the Board of Education.
15 (Source: P.A. 89-15, eff. 5-30-95.)
16 (105 ILCS 5/34-8.3a new)
17 Sec. 34-8.3a. Financial supervision of attendance
18 centers.
19 (a) A fiscal advisor that has been appointed pursuant to
20 subsection (a) of Section 34-2.1 of this Code shall, not
21 later than 90 days after his or her appointment, report to
22 the general superintendent, the board of education, the local
23 school council, and the principal of the school on the
24 progress made in addressing any of the financial
25 deficiencies. If the fiscal advisor determines that the
26 attendance center has rectified all identified deficiencies
27 or has made satisfactory progress in addressing identified
28 deficiencies such that the deficiencies shall be corrected
29 subsequent to the 90-day period, no further action shall be
30 taken by the Board. If, however, the local school council
31 and the principal have not rectified or made satisfactory
32 progress in correcting identified deficiencies, the general
33 superintendent may appoint a financial supervision team,
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1 consisting of the fiscal advisor, the general superintendent
2 or his or her designee, and a representative of an outside,
3 independent auditor. Financial supervision teams may develop
4 and implement school budgets to correct the financial
5 irregularities identified in the fiscal advisor's report.
6 The budget shall identify specifically those expenditures
7 that directly correct the irregularities identified in the
8 fiscal advisor's report. Financial supervision teams shall
9 institute systems and procedures necessary to achieve
10 appropriate fiscal management at the school.
11 (b) Financial supervision teams may modify an existing
12 school improvement plan only to the extent necessary to
13 implement the school budget it develops. Modifications to a
14 school improvement plan shall include specific steps that the
15 local school council and school staff must take to correct
16 each specific financial irregularity identified by the fiscal
17 advisor's report. The modifications to a school improvement
18 plan shall further specify objective criteria by which the
19 deficiencies identified in the fiscal advisor's report are to
20 be corrected. The local school council and school staff
21 shall be consulted on the school budget and modifications to
22 the school improvement plan to be implemented by the
23 financial supervision team but will have no authority to
24 modify either.
25 (c) Upon implementation of the budget developed by the
26 financial supervision team, and accompanying modifications to
27 a school improvement plan, the financial supervision team's
28 authority to conduct fiscal or related educational management
29 of a school shall cease.
30 (105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
31 Sec. 34-11. Duties of general counsel; attorney
32 assistants. The board by a majority vote of its full
33 membership shall appoint a general counsel an attorney who
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1 shall have charge and control, subject to the approval of the
2 board, of the law department and of all litigation, legal
3 questions and such other legal matters as may be referred to
4 the department by the board or by the general superintendent
5 of schools. Appointments, promotions and discharge of
6 assistant attorneys shall be made by a majority of the board
7 upon recommendation of the attorney or by a majority vote of
8 the full membership of the board. The general counsel
9 attorney shall hold this office for an indefinite term
10 subject to removal by a majority vote of the full membership
11 of the board. In this Article, "attorney" means general
12 counsel.
13 (Source: Laws 1961, p. 31.)
14 (105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
15 Sec. 34-12. Participation in meetings by superintendent
16 and attorney. The general superintendent of schools and the
17 general counsel attorney may be present at all meetings of
18 the board and shall have a right to take part in its
19 discussions and deliberations, but shall have no vote.
20 (Source: Laws 1961, p. 31.)
21 (105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
22 Sec. 34-13. Appointment, removal or suspension of
23 attorney and assistants. The appointment and removal of the
24 general superintendent of schools, heads of general
25 departments now in existence or hereafter established, the
26 general counsel attorney, and all assistant attorneys shall
27 not be subject to the civil service law. The heads of general
28 departments now in existence or hereafter established may be
29 removed by a majority vote of the full membership of the
30 board upon the recommendation of the general superintendent
31 of schools or by a majority vote of the full membership of
32 the board.
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1 (Source: P.A. 85-1418; 86-1477.)
2 Section 95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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