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91_SB0652ham001
LRB9105695EGfgam02
1 AMENDMENT TO SENATE BILL 652
2 AMENDMENT NO. . Amend Senate Bill 652 by replacing
3 the title with the following:
4 "AN ACT concerning education, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Governmental Ethics Act is
8 amended by changing Section 4A-101 as follows:
9 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
10 Sec. 4A-101. Persons required to file. The following
11 persons shall file verified written statements of economic
12 interests, as provided in this Article:
13 (a) Members of the General Assembly and candidates
14 for nomination or election to the General Assembly.
15 (b) Persons holding an elected office in the
16 Executive Branch of this State, and candidates for
17 nomination or election to these offices.
18 (c) Members of a Commission or Board created by the
19 Illinois Constitution, and candidates for nomination or
20 election to such Commission or Board.
21 (d) Persons whose appointment to office is subject
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1 to confirmation by the Senate.
2 (e) Holders of, and candidates for nomination or
3 election to, the office of judge or associate judge of
4 the Circuit Court and the office of judge of the
5 Appellate or Supreme Court.
6 (f) Persons who are employed by any branch, agency,
7 authority or board of the government of this State,
8 including but not limited to, the Illinois State Toll
9 Highway Authority, the Illinois Housing Development
10 Authority, the Illinois Community College Board, and
11 institutions under the jurisdiction of the Board of
12 Trustees of the University of Illinois, Board of Trustees
13 of Southern Illinois University, Board of Trustees of
14 Chicago State University, Board of Trustees of Eastern
15 Illinois University, Board of Trustees of Governor's
16 State University, Board of Trustees of Illinois State
17 University, Board of Trustees of Northeastern Illinois
18 University, Board of Trustees of Northern Illinois
19 University, Board of Trustees of Western Illinois
20 University, or Board of Trustees of the Illinois
21 Mathematics and Science Academy, and are compensated for
22 services as employees and not as independent contractors
23 and who:
24 (1) are, or function as, the head of a
25 department, commission, board, division, bureau,
26 authority or other administrative unit within the
27 government of this State, or who exercise similar
28 authority within the government of this State;
29 (2) have direct supervisory authority over, or
30 direct responsibility for the formulation,
31 negotiation, issuance or execution of contracts
32 entered into by the State in the amount of $5,000 or
33 more;
34 (3) have authority for the issuance or
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1 promulgation of rules and regulations within areas
2 under the authority of the State;
3 (4) have authority for the approval of
4 professional licenses;
5 (5) have responsibility with respect to the
6 financial inspection of regulated nongovernmental
7 entities;
8 (6) adjudicate, arbitrate, or decide any
9 judicial or administrative proceeding, or review the
10 adjudication, arbitration or decision of any
11 judicial or administrative proceeding within the
12 authority of the State; or
13 (7) have supervisory responsibility for 20 or
14 more employees of the State.
15 (g) Persons who are elected to office in a unit of
16 local government, and candidates for nomination or
17 election to that office, including regional
18 superintendents of school districts.
19 (h) Persons appointed to the governing board of a
20 unit of local government, or of a special district, and
21 persons appointed to a zoning board, or zoning board of
22 appeals, or to a regional, county, or municipal plan
23 commission, or to a board of review of any county, and
24 persons appointed to the Board of the Metropolitan Pier
25 and Exposition Authority and any Trustee appointed under
26 Section 22 of the Metropolitan Pier and Exposition
27 Authority Act, and persons appointed to a board or
28 commission of a unit of local government who have
29 authority to authorize the expenditure of public funds.
30 This subsection does not apply to members of boards or
31 commissions who function in an advisory capacity.
32 (i) Persons who are employed by a unit of local
33 government and are compensated for services as employees
34 and not as independent contractors and who:
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1 (1) are, or function as, the head of a
2 department, division, bureau, authority or other
3 administrative unit within the unit of local
4 government, or who exercise similar authority within
5 the unit of local government;
6 (2) have direct supervisory authority over, or
7 direct responsibility for the formulation,
8 negotiation, issuance or execution of contracts
9 entered into by the unit of local government in the
10 amount of $1,000 or greater;
11 (3) have authority to approve licenses and
12 permits by the unit of local government; this item
13 does not include employees who function in a
14 ministerial capacity;
15 (4) adjudicate, arbitrate, or decide any
16 judicial or administrative proceeding, or review the
17 adjudication, arbitration or decision of any
18 judicial or administrative proceeding within the
19 authority of the unit of local government;
20 (5) have authority to issue or promulgate
21 rules and regulations within areas under the
22 authority of the unit of local government; or
23 (6) have supervisory responsibility for 20 or
24 more employees of the unit of local government.
25 (j) Persons on the Board of Trustees of the
26 Illinois Mathematics and Science Academy.
27 (k) Persons employed by a school district in
28 positions that require that person to hold an
29 administrative or a chief school business official
30 endorsement.
31 (l) (Blank). Persons appointed or elected to a
32 local school council established pursuant to Section
33 34-2.1 of the School Code.
34 This Section shall not be construed to prevent any unit
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1 of local government from enacting financial disclosure
2 requirements that mandate require more information than
3 required by this Act.
4 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-4, eff.
5 1-1-96; 89-5, eff. 1-1-96; 89-106, eff. 7-7-95; 89-433, eff.
6 12-15-95.)
7 Section 10. The School Code is amended by changing
8 Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-3.4,
9 34-8, 34-8.1, 34-8.3, 34-11, 34-12, and 34-13 and adding
10 Section 34-8.3a as follows:
11 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
12 (Text of Section before amendment by P.A. 90-590)
13 Sec. 34-2.1. Local School Councils - Composition -
14 Voter-Eligibility - Elections - Terms.
15 (a) A local school council shall be established for each
16 attendance center within the school district. Each local
17 school council shall consist of the following 11 voting
18 members: the principal of the attendance center, 2 teachers
19 employed and assigned to perform the majority of their
20 employment duties at the attendance center, 6 parents of
21 students currently enrolled at the attendance center and 2
22 community residents. Neither the parents nor the community
23 residents who serve as members of the local school council
24 shall be employees of the Board of Education. In each
25 secondary attendance center, the local school council shall
26 consist of 12 voting members -- the 11 voting members
27 described above and one full-time student member, appointed
28 as provided in subsection (m) below. In the event that the
29 chief executive officer of the Chicago School Reform Board of
30 Trustees determines that a local school council is not
31 carrying out its financial duties effectively, the chief
32 executive officer is authorized to appoint a representative
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1 of the business community with experience in finance and
2 management to serve as an advisor to the local school council
3 for the purpose of providing advice and assistance to the
4 local school council on fiscal matters. The advisor shall
5 have access to relevant financial records of the local school
6 council. The advisor may attend executive sessions. The
7 chief executive officer shall issue a written policy defining
8 the circumstances under which a local school council is not
9 carrying out its financial duties effectively.
10 (b) Within 7 days of January 11, 1991, the Mayor shall
11 appoint the members and officers (a Chairperson who shall be
12 a parent member and a Secretary) of each local school council
13 who shall hold their offices until their successors shall be
14 elected and qualified. Members so appointed shall have all
15 the powers and duties of local school councils as set forth
16 in this amendatory Act of 1991. The Mayor's appointments
17 shall not require approval by the City Council.
18 The membership of each local school council shall be
19 encouraged to be reflective of the racial and ethnic
20 composition of the student population of the attendance
21 center served by the local school council.
22 (c) Beginning with the 1995-1996 school year and in
23 every even-numbered year thereafter, the Board shall set
24 second semester Parent Report Card Pick-up Day for Local
25 School Council elections and may schedule elections at
26 year-round schools for the same dates as the remainder of the
27 school system. Elections shall be conducted as provided
28 herein by the Board of Education in consultation with the
29 local school council at each attendance center.
30 (d) Beginning with the 1995-96 school year, the
31 following procedures shall apply to the election of local
32 school council members at each attendance center:
33 (i) The elected members of each local school
34 council shall consist of the 6 parent members and the 2
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1 community resident members.
2 (ii) Each elected member shall be elected by the
3 eligible voters of that attendance center to serve for a
4 two-year term commencing on July 1 immediately following
5 the election described in subsection (c). Eligible
6 voters for each attendance center shall consist of the
7 parents and community residents for that attendance
8 center.
9 (iii) Each eligible voter shall be entitled to cast
10 one vote for up to a total of 5 candidates, irrespective
11 of whether such candidates are parent or community
12 resident candidates.
13 (iv) Each parent voter shall be entitled to vote in
14 the local school council election at each attendance
15 center in which he or she has a child currently enrolled.
16 Each community resident voter shall be entitled to vote
17 in the local school council election at each attendance
18 center for which he or she resides in the applicable
19 attendance area or voting district, as the case may be.
20 (v) Each eligible voter shall be entitled to vote
21 once, but not more than once, in the local school council
22 election at each attendance center at which the voter is
23 eligible to vote.
24 (vi) The 2 teacher members of each local school
25 council shall be appointed as provided in subsection (l)
26 below each to serve for a two-year term coinciding with
27 that of the elected parent and community resident
28 members.
29 (vii) At secondary attendance centers, the voting
30 student member shall be appointed as provided in
31 subsection (m) below to serve for a one-year term
32 coinciding with the beginning of the terms of the elected
33 parent and community members of the local school council.
34 (e) The Council shall publicize the date and place of
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1 the election by posting notices at the attendance center, in
2 public places within the attendance boundaries of the
3 attendance center and by distributing notices to the pupils
4 at the attendance center, and shall utilize such other means
5 as it deems necessary to maximize the involvement of all
6 eligible voters.
7 (f) Nomination. The Council shall publicize the opening
8 of nominations by posting notices at the attendance center,
9 in public places within the attendance boundaries of the
10 attendance center and by distributing notices to the pupils
11 at the attendance center, and shall utilize such other means
12 as it deems necessary to maximize the involvement of all
13 eligible voters. Not less than 2 weeks before the election
14 date, persons eligible to run for the Council shall submit
15 their name and some evidence of eligibility to the Council.
16 The Council shall encourage nomination of candidates
17 reflecting the racial/ethnic population of the students at
18 the attendance center. Each person nominated who runs as a
19 candidate shall disclose, in a manner determined by the
20 Board, any economic interest held by such person, by such
21 person's spouse or children, or by each business entity in
22 which such person has an ownership interest, in any contract
23 with the Board, any local school council or any public school
24 in the school district. Each person nominated who runs as a
25 candidate shall also disclose, in a manner determined by the
26 Board, if he or she ever has been convicted of any of the
27 offenses specified in subsection (c) of Section 34-18.5;
28 provided that neither this provision nor any other provision
29 of this Section shall be deemed to require the disclosure of
30 any information that is contained in any law enforcement
31 record or juvenile court record that is confidential or whose
32 accessibility or disclosure is restricted or prohibited under
33 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
34 to make such disclosure shall render a person ineligible for
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1 election or to serve on the local school council. The same
2 disclosure shall be required of persons under consideration
3 for appointment to the Council pursuant to subsections (l)
4 and (m) of this Section.
5 (f-5) Upon election or appointment, incoming local
6 school council members shall be required to undergo a
7 criminal background investigation, using the member's name,
8 date of birth, and social security number, if available, in
9 order to identify any criminal convictions under the offenses
10 enumerated in Section 34-18.5. In instances in which one or
11 more individuals have the same name, date of birth, and
12 social security number as the member, the member shall
13 undergo a fingerprint background check. If it is determined
14 at any time that a local school council member failed to
15 disclose a conviction of any of the offenses enumerated in
16 Section 34-18.5, the general superintendent shall notify the
17 local school council member of such determination and the
18 local school council member shall be removed from the local
19 school council by the Board subject to a hearing, convened
20 pursuant to Board rule, prior to removal.
21 (g) At least one week before the election date, the
22 Council shall publicize, in the manner provided in subsection
23 (e), the names of persons nominated for election.
24 (h) Voting shall be in person by secret ballot at the
25 attendance center between the hours of 6:00 a.m. and 7:00
26 p.m.
27 (i) Candidates receiving the highest number of votes
28 shall be declared elected by the Council. In cases of a tie,
29 the Council shall determine the winner by lot.
30 (j) The Council shall certify the results of the
31 election and shall publish the results in the minutes of the
32 Council.
33 (k) The general superintendent shall resolve any
34 disputes concerning election procedure or results and shall
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1 ensure that, except as provided in subsections (e) and (g),
2 no resources of any attendance center shall be used to
3 endorse or promote any candidate.
4 (l) Beginning with the 1995-1996 school year and in
5 every even numbered year thereafter, the Board shall appoint
6 2 teacher members to each local school council. These
7 appointments shall be made in the following manner:
8 (i) The Board shall appoint 2 teachers who are
9 employed and assigned to perform the majority of their
10 employment duties at the attendance center to serve on
11 the local school council of the attendance center for a
12 two-year term coinciding with the terms of the elected
13 parent and community members of that local school
14 council. These appointments shall be made from among
15 those teachers who are nominated in accordance with
16 subsection (f).
17 (ii) A non-binding, advisory poll to ascertain the
18 preferences of the school staff regarding appointments of
19 teachers to the local school council for that attendance
20 center shall be conducted in accordance with the
21 procedures used to elect parent and community Council
22 representatives. At such poll, each member of the school
23 staff shall be entitled to indicate his or her preference
24 for up to 2 candidates from among those who submitted
25 statements of candidacy as described above. These
26 preferences shall be advisory only and the Board shall
27 maintain absolute discretion to appoint teacher members
28 to local school councils, irrespective of the preferences
29 expressed in any such poll.
30 (iii) In the event that a teacher representative is
31 unable to perform his or her employment duties at the
32 school due to illness, disability, leave of absence,
33 disciplinary action, or any other reason, the Board shall
34 declare a temporary vacancy and appoint a replacement
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1 teacher representative to serve on the local school
2 council until such time as the teacher member originally
3 appointed pursuant to this subsection (l) resumes service
4 at the attendance center or for the remainder of the
5 term. The replacement teacher representative shall be
6 appointed in the same manner and by the same procedures
7 as teacher representatives are appointed in subdivisions
8 (i) and (ii) of this subsection (l).
9 (m) Beginning with the 1995-1996 school year, and in
10 every year thereafter, the Board shall appoint one student
11 member to each secondary attendance center. These
12 appointments shall be made in the following manner:
13 (i) Appointments shall be made from among those
14 students who submit statements of candidacy to the
15 principal of the attendance center, such statements to be
16 submitted commencing on the first day of the twentieth
17 week of school and continuing for 2 weeks thereafter.
18 The form and manner of such candidacy statements shall be
19 determined by the Board.
20 (ii) During the twenty-second week of school in
21 every year, the principal of each attendance center shall
22 conduct a non-binding, advisory poll to ascertain the
23 preferences of the school students regarding the
24 appointment of a student to the local school council for
25 that attendance center. At such poll, each student shall
26 be entitled to indicate his or her preference for up to
27 one candidate from among those who submitted statements
28 of candidacy as described above. The Board shall
29 promulgate rules to ensure that these non-binding,
30 advisory polls are conducted in a fair and equitable
31 manner and maximize the involvement of all school
32 students. The preferences expressed in these
33 non-binding, advisory polls shall be transmitted by the
34 principal to the Board. However, these preferences shall
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1 be advisory only and the Board shall maintain absolute
2 discretion to appoint student members to local school
3 councils, irrespective of the preferences expressed in
4 any such poll.
5 (iii) For the 1995-96 school year only,
6 appointments shall be made from among those students who
7 submitted statements of candidacy to the principal of the
8 attendance center during the first 2 weeks of the school
9 year. The principal shall communicate the results of any
10 nonbinding, advisory poll to the Board. These results
11 shall be advisory only, and the Board shall maintain
12 absolute discretion to appoint student members to local
13 school councils, irrespective of the preferences
14 expressed in any such poll.
15 (n) The Board may promulgate such other rules and
16 regulations for election procedures as may be deemed
17 necessary to ensure fair elections.
18 (o) In the event that a vacancy occurs during a member's
19 term, the Council shall appoint a person eligible to serve on
20 the Council, to fill the unexpired term created by the
21 vacancy, except that any teacher vacancy shall be filled by
22 the Board after considering the preferences of the school
23 staff as ascertained through a non-binding advisory poll of
24 school staff.
25 (p) If less than the specified number of persons is
26 elected within each candidate category, the newly elected
27 local school council shall appoint eligible persons to serve
28 as members of the Council for two-year terms.
29 (q) The Board shall promulgate rules regarding conflicts
30 of interest and disclosure of economic interests which shall
31 apply to local school council members and which shall require
32 reports or statements to be filed by Council members at
33 regular intervals with the Secretary of the Board. Failure
34 to comply with such rules or intentionally falsifying such
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1 reports shall be grounds for disqualification from local
2 school council membership. A vacancy on the Council for
3 disqualification may be so declared by the Secretary of the
4 Board. Rules regarding conflicts of interest and disclosure
5 of economic interests promulgated by the Board shall apply to
6 local school council members in addition to the requirements
7 of the Illinois Governmental Ethics Act applicable to local
8 school council members. No less than 45 days prior to the
9 deadline, the general superintendent shall provide notice, by
10 mail, to each local school council member of all requirements
11 and forms for compliance with economic interest statements.
12 (r) (1) If a parent member of a Local School Council
13 ceases to have any child enrolled in the attendance center
14 governed by the Local School Council due to the graduation or
15 voluntary transfer of a child or children from the attendance
16 center, the parent's membership on the Local School Council
17 and all voting rights are terminated immediately as of the
18 date of the child's graduation or voluntary transfer.
19 Further, a local school council member may be removed from
20 the Council by a majority vote of the Council as provided in
21 subsection (c) of Section 34-2.2 if the Council member has
22 missed 3 consecutive regular meetings, not including
23 committee meetings, or 5 regular meetings in a 12 month
24 period, not including committee meetings. If a parent member
25 of a local school council ceases to be eligible to serve on
26 the Council for any other reason, he or she shall be removed
27 by the Board subject to a hearing, convened pursuant to Board
28 rule, prior to removal. Further, a local school council
29 member may be removed by the council by a majority vote of
30 the council as provided in subsection (c) of Section 34-2.2
31 if the council determines that a member failed to disclose a
32 conviction of any of the offenses specified in subsection (c)
33 of Section 34-18.5 as required in subsection (f) of this
34 Section 34-2.1. A vote to remove a Council member by the
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1 local school council shall only be valid if the Council
2 member has been notified personally or by certified mail,
3 mailed to the person's last known address, of the Council's
4 intent to vote on the Council member's removal at least 7
5 days prior to the vote. The Council member in question shall
6 have the right to explain his or her actions and shall be
7 eligible to vote on the question of his or her removal from
8 the Council. The provisions of this subsection shall be
9 contained within the petitions used to nominate Council
10 candidates.
11 (2) A person may continue to serve as a community
12 resident member of a local school council as long as he or
13 she resides in the attendance area served by the school and
14 is not employed by the Board nor is a parent of a student
15 enrolled at the school. If a community resident member
16 ceases to be eligible to serve on the Council, he or she
17 shall be removed by the Board subject to a hearing, convened
18 pursuant to Board rule, prior to removal.
19 (3) A person may continue to serve as a teacher member
20 of a local school council as long as he or she is employed
21 and assigned to perform a majority of his or her duties at
22 the school, provided that if the teacher representative
23 resigns from employment with the Board or voluntarily
24 transfers to another school, the teacher's membership on the
25 local school council and all voting rights are terminated
26 immediately as of the date of the teacher's resignation or
27 upon the date of the teacher's voluntary transfer to another
28 school. If a teacher member of a local school council ceases
29 to be eligible to serve on a local school council for any
30 other reason, that member shall be removed by the Board
31 subject to a hearing, convened pursuant to Board rule, prior
32 to removal.
33 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
34 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
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1 8-14-97.)
2 (Text of Section after amendment by P.A. 90-590)
3 Sec. 34-2.1. Local School Councils - Composition -
4 Voter-Eligibility - Elections - Terms.
5 (a) A local school council shall be established for each
6 attendance center within the school district. Each local
7 school council shall consist of the following 11 voting
8 members: the principal of the attendance center, 2 teachers
9 employed and assigned to perform the majority of their
10 employment duties at the attendance center, 6 parents of
11 students currently enrolled at the attendance center and 2
12 community residents. Neither the parents nor the community
13 residents who serve as members of the local school council
14 shall be employees of the Board of Education. In each
15 secondary attendance center, the local school council shall
16 consist of 12 voting members -- the 11 voting members
17 described above and one full-time student member, appointed
18 as provided in subsection (m) below. In the event that the
19 chief executive officer of the Chicago School Reform Board of
20 Trustees determines that a local school council is not
21 carrying out its financial duties effectively, the chief
22 executive officer is authorized to appoint a representative
23 of the business community with experience in finance and
24 management to serve as an advisor to the local school council
25 for the purpose of providing advice and assistance to the
26 local school council on fiscal matters. The advisor shall
27 have access to relevant financial records of the local school
28 council. The advisor may attend executive sessions. The
29 chief executive officer shall issue a written policy defining
30 the circumstances under which a local school council is not
31 carrying out its financial duties effectively.
32 (b) Within 7 days of January 11, 1991, the Mayor shall
33 appoint the members and officers (a Chairperson who shall be
34 a parent member and a Secretary) of each local school council
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1 who shall hold their offices until their successors shall be
2 elected and qualified. Members so appointed shall have all
3 the powers and duties of local school councils as set forth
4 in this amendatory Act of 1991. The Mayor's appointments
5 shall not require approval by the City Council.
6 The membership of each local school council shall be
7 encouraged to be reflective of the racial and ethnic
8 composition of the student population of the attendance
9 center served by the local school council.
10 (c) Beginning with the 1995-1996 school year and in
11 every even-numbered year thereafter, the Board shall set
12 second semester Parent Report Card Pick-up Day for Local
13 School Council elections and may schedule elections at
14 year-round schools for the same dates as the remainder of the
15 school system. Elections shall be conducted as provided
16 herein by the Board of Education in consultation with the
17 local school council at each attendance center.
18 (d) Beginning with the 1995-96 school year, the
19 following procedures shall apply to the election of local
20 school council members at each attendance center:
21 (i) The elected members of each local school
22 council shall consist of the 6 parent members and the 2
23 community resident members.
24 (ii) Each elected member shall be elected by the
25 eligible voters of that attendance center to serve for a
26 two-year term commencing on July 1 immediately following
27 the election described in subsection (c). Eligible
28 voters for each attendance center shall consist of the
29 parents and community residents for that attendance
30 center.
31 (iii) Each eligible voter shall be entitled to cast
32 one vote for up to a total of 5 candidates, irrespective
33 of whether such candidates are parent or community
34 resident candidates.
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1 (iv) Each parent voter shall be entitled to vote in
2 the local school council election at each attendance
3 center in which he or she has a child currently enrolled.
4 Each community resident voter shall be entitled to vote
5 in the local school council election at each attendance
6 center for which he or she resides in the applicable
7 attendance area or voting district, as the case may be.
8 (v) Each eligible voter shall be entitled to vote
9 once, but not more than once, in the local school council
10 election at each attendance center at which the voter is
11 eligible to vote.
12 (vi) The 2 teacher members of each local school
13 council shall be appointed as provided in subsection (l)
14 below each to serve for a two-year term coinciding with
15 that of the elected parent and community resident
16 members.
17 (vii) At secondary attendance centers, the voting
18 student member shall be appointed as provided in
19 subsection (m) below to serve for a one-year term
20 coinciding with the beginning of the terms of the elected
21 parent and community members of the local school council.
22 (e) The Council shall publicize the date and place of
23 the election by posting notices at the attendance center, in
24 public places within the attendance boundaries of the
25 attendance center and by distributing notices to the pupils
26 at the attendance center, and shall utilize such other means
27 as it deems necessary to maximize the involvement of all
28 eligible voters.
29 (f) Nomination. The Council shall publicize the opening
30 of nominations by posting notices at the attendance center,
31 in public places within the attendance boundaries of the
32 attendance center and by distributing notices to the pupils
33 at the attendance center, and shall utilize such other means
34 as it deems necessary to maximize the involvement of all
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1 eligible voters. Not less than 2 weeks before the election
2 date, persons eligible to run for the Council shall submit
3 their name 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 5-901 or 5-905 of the Juvenile Court Act of 1987.
22 Failure to make such disclosure shall render a person
23 ineligible for election or to serve on the local school
24 council. The same disclosure shall be required of persons
25 under consideration for appointment to the Council pursuant
26 to subsections (l) and (m) of this Section.
27 (f-5) Upon election or appointment, incoming local
28 school council members shall be required to undergo a
29 criminal background investigation, using the member's name,
30 date of birth, and social security number, if available, in
31 order to identify any criminal convictions under the offenses
32 enumerated in Section 34-18.5. In instances in which one or
33 more individuals have the same name, date of birth, and
34 social security number as the member, the member shall
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1 undergo a fingerprint background check. If it is determined
2 at any time that a local school council member failed to
3 disclose a conviction of any of the offenses enumerated in
4 Section 34-18.5, the general superintendent shall notify the
5 local school council member of such determination and the
6 local school council member shall be removed from the local
7 school council by the Board subject to a hearing, convened
8 pursuant to Board rule, prior to removal.
9 (g) At least one week before the election date, the
10 Council shall publicize, in the manner provided in subsection
11 (e), the names of persons nominated for election.
12 (h) Voting shall be in person by secret ballot at the
13 attendance center between the hours of 6:00 a.m. and 7:00
14 p.m.
15 (i) Candidates receiving the highest number of votes
16 shall be declared elected by the Council. In cases of a tie,
17 the Council shall determine the winner by lot.
18 (j) The Council shall certify the results of the
19 election and shall publish the results in the minutes of the
20 Council.
21 (k) The general superintendent shall resolve any
22 disputes concerning election procedure or results and shall
23 ensure that, except as provided in subsections (e) and (g),
24 no resources of any attendance center shall be used to
25 endorse or promote any candidate.
26 (l) Beginning with the 1995-1996 school year and in
27 every even numbered year thereafter, the Board shall appoint
28 2 teacher members to each local school council. These
29 appointments shall be made in the following manner:
30 (i) The Board shall appoint 2 teachers who are
31 employed and assigned to perform the majority of their
32 employment duties at the attendance center to serve on
33 the local school council of the attendance center for a
34 two-year term coinciding with the terms of the elected
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1 parent and community members of that local school
2 council. These appointments shall be made from among
3 those teachers who are nominated in accordance with
4 subsection (f).
5 (ii) A non-binding, advisory poll to ascertain the
6 preferences of the school staff regarding appointments of
7 teachers to the local school council for that attendance
8 center shall be conducted in accordance with the
9 procedures used to elect parent and community Council
10 representatives. At such poll, each member of the school
11 staff shall be entitled to indicate his or her preference
12 for up to 2 candidates from among those who submitted
13 statements of candidacy as described above. These
14 preferences shall be advisory only and the Board shall
15 maintain absolute discretion to appoint teacher members
16 to local school councils, irrespective of the preferences
17 expressed in any such poll.
18 (iii) In the event that a teacher representative is
19 unable to perform his or her employment duties at the
20 school due to illness, disability, leave of absence,
21 disciplinary action, or any other reason, the Board shall
22 declare a temporary vacancy and appoint a replacement
23 teacher representative to serve on the local school
24 council until such time as the teacher member originally
25 appointed pursuant to this subsection (l) resumes service
26 at the attendance center or for the remainder of the
27 term. The replacement teacher representative shall be
28 appointed in the same manner and by the same procedures
29 as teacher representatives are appointed in subdivisions
30 (i) and (ii) of this subsection (l).
31 (m) Beginning with the 1995-1996 school year, and in
32 every year thereafter, the Board shall appoint one student
33 member to each secondary attendance center. These
34 appointments shall be made in the following manner:
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1 (i) Appointments shall be made from among those
2 students who submit statements of candidacy to the
3 principal of the attendance center, such statements to be
4 submitted commencing on the first day of the twentieth
5 week of school and continuing for 2 weeks thereafter.
6 The form and manner of such candidacy statements shall be
7 determined by the Board.
8 (ii) During the twenty-second week of school in
9 every year, the principal of each attendance center shall
10 conduct a non-binding, advisory poll to ascertain the
11 preferences of the school students regarding the
12 appointment of a student to the local school council for
13 that attendance center. At such poll, each student shall
14 be entitled to indicate his or her preference for up to
15 one candidate from among those who submitted statements
16 of candidacy as described above. The Board shall
17 promulgate rules to ensure that these non-binding,
18 advisory polls are conducted in a fair and equitable
19 manner and maximize the involvement of all school
20 students. The preferences expressed in these
21 non-binding, advisory polls shall be transmitted by the
22 principal to the Board. However, these preferences shall
23 be advisory only and the Board shall maintain absolute
24 discretion to appoint student members to local school
25 councils, irrespective of the preferences expressed in
26 any such poll.
27 (iii) For the 1995-96 school year only,
28 appointments shall be made from among those students who
29 submitted statements of candidacy to the principal of the
30 attendance center during the first 2 weeks of the school
31 year. The principal shall communicate the results of any
32 nonbinding, advisory poll to the Board. These results
33 shall be advisory only, and the Board shall maintain
34 absolute discretion to appoint student members to local
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1 school councils, irrespective of the preferences
2 expressed in any such poll.
3 (n) The Board may promulgate such other rules and
4 regulations for election procedures as may be deemed
5 necessary to ensure fair elections.
6 (o) In the event that a vacancy occurs during a member's
7 term, the Council shall appoint a person eligible to serve on
8 the Council, to fill the unexpired term created by the
9 vacancy, except that any teacher vacancy shall be filled by
10 the Board after considering the preferences of the school
11 staff as ascertained through a non-binding advisory poll of
12 school staff.
13 (p) If less than the specified number of persons is
14 elected within each candidate category, the newly elected
15 local school council shall appoint eligible persons to serve
16 as members of the Council for two-year terms.
17 (q) The Board shall promulgate rules regarding conflicts
18 of interest and disclosure of economic interests which shall
19 apply to local school council members and which shall require
20 reports or statements to be filed by Council members at
21 regular intervals with the Secretary of the Board. Failure
22 to comply with such rules or intentionally falsifying such
23 reports shall be grounds for disqualification from local
24 school council membership. A vacancy on the Council for
25 disqualification may be so declared by the Secretary of the
26 Board. Rules regarding conflicts of interest and disclosure
27 of economic interests promulgated by the Board shall apply to
28 local school council members in addition to the requirements
29 of the Illinois Governmental Ethics Act applicable to local
30 school council members. No less than 45 days prior to the
31 deadline, the general superintendent shall provide notice, by
32 mail, to each local school council member of all requirements
33 and forms for compliance with economic interest statements.
34 (r) (1) If a parent member of a local school council
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1 ceases to have any child enrolled in the attendance center
2 governed by the Local School Council due to the graduation or
3 voluntary transfer of a child or children from the attendance
4 center, the parent's membership on the Local School Council
5 and all voting rights are terminated immediately as of the
6 date of the child's graduation or voluntary transfer.
7 Further, a local school council member may be removed from
8 the Council by a majority vote of the Council as provided in
9 subsection (c) of Section 34-2.2 if the Council member has
10 missed 3 consecutive regular meetings, not including
11 committee meetings, or 5 regular meetings in a 12 month
12 period, not including committee meetings. If a parent member
13 of a local school council ceases to be eligible to serve on
14 the Council for any other reason, he or she shall be removed
15 by the Board subject to a hearing, convened pursuant to Board
16 rule, prior to removal. Further, a local school council
17 member may be removed by the council by a majority vote of
18 the council as provided in subsection (c) of Section 34-2.2
19 if the council determines that a member failed to disclose a
20 conviction of any of the offenses specified in subsection (c)
21 of Section 34-18.5 as required in subsection (f) of this
22 Section 34-2.1. A vote to remove a Council member by the
23 local school council shall only be valid if the Council
24 member has been notified personally or by certified mail,
25 mailed to the person's last known address, of the Council's
26 intent to vote on the Council member's removal at least 7
27 days prior to the vote. The Council member in question shall
28 have the right to explain his or her actions and shall be
29 eligible to vote on the question of his or her removal from
30 the Council. The provisions of this subsection shall be
31 contained within the petitions used to nominate Council
32 candidates.
33 (2) A person may continue to serve as a community
34 resident member of a local school council as long as he or
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1 she resides in the attendance area served by the school and
2 is not employed by the Board nor is a parent of a student
3 enrolled at the school. If a community resident member
4 ceases to be eligible to serve on the Council, he or she
5 shall be removed by the Board subject to a hearing, convened
6 pursuant to Board rule, prior to removal.
7 (3) A person may continue to serve as a teacher member
8 of a local school council as long as he or she is employed
9 and assigned to perform a majority of his or her duties at
10 the school, provided that if the teacher representative
11 resigns from employment with the Board or voluntarily
12 transfers to another school, the teacher's membership on the
13 local school council and all voting rights are terminated
14 immediately as of the date of the teacher's resignation or
15 upon the date of the teacher's voluntary transfer to another
16 school. If a teacher member of a local school council ceases
17 to be eligible to serve on a local school council for any
18 other reason, that member shall be removed by the Board
19 subject to a hearing, convened pursuant to Board rule, prior
20 to removal.
21 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
22 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
23 8-14-97; 90-590, eff. 1-1-00.)
24 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
25 Sec. 34-2.2. Local school councils - Manner of
26 operation.
27 (a) The annual organizational meeting of each local
28 school council shall be held at the attendance center. At
29 the annual organization meeting, which shall be held no
30 sooner than July 1 and no later than July 14, a parent member
31 of the local school council shall be selected by the members
32 of such council as its chairperson, and a secretary shall be
33 selected by the members of such council from among their
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1 number, each to serve a term of one year. Whenever a vacancy
2 in the office of chairperson or secretary of a local school
3 council shall occur, a new chairperson (who shall be a parent
4 member) or secretary, as the case may be, shall be elected by
5 the members of the local school council from among their
6 number to serve as such chairperson or secretary for the
7 unexpired term of office in which the vacancy occurs. At
8 each annual organizational meeting, the time and place of any
9 regular meetings of the local school council shall be fixed.
10 Special meetings of the local school council may be called by
11 the chairperson or by any 4 members by giving notice thereof
12 in writing, specifying the time, place and purpose of the
13 meeting. Public notice of meetings shall also be given in
14 accordance with the Open Meetings Act.
15 (b) Members and officers of the local school council
16 shall serve without compensation and without reimbursement of
17 any expenses incurred in the performance of their duties,
18 except that the board of education may by rule establish a
19 procedure and thereunder provide for reimbursement of members
20 and officers of local school councils for such of their
21 reasonable and necessary expenses (excluding any lodging or
22 meal expenses) incurred in the performance of their duties as
23 the board may deem appropriate.
24 (c) A majority of the full membership of the local
25 school council shall constitute a quorum, and whenever a vote
26 is taken on any measure before the local school council, a
27 quorum being present, the affirmative vote of a majority of
28 the votes of the full membership then serving of the local
29 school council shall determine the outcome thereof; provided
30 that whenever the measure before the local school council is
31 (i) the evaluation of the principal, or (ii) the renewal of
32 his or her performance contract or the inclusion of any
33 provision or modification of the contract, or (iii) the
34 direct selection by the local school council of a new
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1 principal (including a new principal to fill a vacancy) to
2 serve under a 4 year performance contract, or (iv) the
3 determination of the names of candidates to be submitted to
4 the general superintendent for the position of principal, or
5 (v) the selection of a principal in cases of the general
6 superintendent's failure or refusal to make the selection
7 after a list or lists of candidates for the position of
8 principal have been submitted by the local school council to
9 the general superintendent as provided in Section 34-2.3, the
10 principal and student member of a high school council shall
11 not be counted for purposes of determining whether a quorum
12 is present to act on the measure and shall have no vote
13 thereon; and provided further that 7 affirmative votes of the
14 local school council shall be required for the direct
15 selection by the local school council without the prior
16 submission of a list of candidates to the general
17 superintendent for the position of principal as provided in
18 Section 34-2.3 of a new principal (including a new principal
19 to fill a vacancy) to serve under a 4 year performance
20 contract but not for the renewal of a principal's performance
21 contract.
22 (d) Student members of high school councils shall not be
23 eligible to vote on personnel matters, including but not
24 limited to principal evaluations and contracts and the
25 allocation of teaching and staff resources.
26 (e) The local school council of an attendance center
27 which provides bilingual education shall be encouraged to
28 provide translators at each council meeting to maximize
29 participation of parents and the community.
30 (f) Each local school council of an attendance center
31 which provides bilingual education shall create a Bilingual
32 Advisory Committee or recognize an existing Bilingual
33 Advisory Committee as a standing committee. The Chair and a
34 majority of the members of the advisory committee shall be
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1 parents of students in the bilingual education program. The
2 parents on the advisory committee shall be selected by
3 parents of students in the bilingual education program, and
4 the committee shall select a Chair. The advisory committee
5 for each secondary attendance center shall include at least
6 one full-time bilingual education student. The Bilingual
7 Advisory Committee shall serve only in an advisory capacity
8 to the local school council.
9 (g) Local school councils may utilize the services of an
10 arbitration board to resolve intra-council disputes.
11 (Source: P.A. 88-85; 88-686, eff. 1-24-95; 89-15, eff.
12 5-30-95.)
13 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
14 Sec. 34-2.3. Local school councils - Powers and duties.
15 Each local school council shall have and exercise, consistent
16 with the provisions of this Article and the powers and duties
17 of the board of education, the following powers and duties:
18 1. (A) To annually evaluate the performance of the
19 principal of the attendance center using a Board approved
20 principal evaluation form, which shall include the evaluation
21 of (i) student academic improvement, as defined by the school
22 improvement plan, (ii) student absenteeism rates at the
23 school, (iii) instructional leadership, (iv) the effective
24 implementation of programs, policies, or strategies to
25 improve student academic achievement, (v) school management,
26 and (vi) any other factors deemed relevant by the local
27 school council, including, without limitation, the
28 principal's communication skills and ability to create and
29 maintain a student-centered learning environment, to develop
30 opportunities for professional development, and to encourage
31 parental involvement and community partnerships to achieve
32 school improvement; taking into consideration the annual
33 evaluation of the principal conducted by the general
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1 superintendent pursuant to subsection (h) of Section 34-8.3,
2 (B) to determine in the manner provided by
3 subsection (c) of Section 34-2.2 whether the performance
4 contract of the principal shall be renewed; and,
5 (C) and to directly select, in the manner provided
6 by subsection (c) of Section 34-2.2, a new principal
7 (including a new principal to fill a vacancy) -- without
8 submitting any list of candidates for that position to
9 the general superintendent as provided in paragraph 2 of
10 this Section -- to serve under a 4 year performance
11 contract; provided that (i) the determination of whether
12 the principal's performance contract is to be renewed and
13 -- in cases where such performance contract is not
14 renewed -- a direct selection of a new principal -- to
15 serve under a 4 year performance contract shall be made
16 by the local school council no later than 45 days prior
17 to the expiration of the current performance contract of
18 the principal by April 15 of the calendar year in which
19 the current performance contract of the principal expires
20 direct selection by the local school council
21 of a new principal to fill a vacancy under a 4 year
22 performance contract shall be made within 90 days after
23 the date such vacancy occurs. A Council shall be
24 required, if requested by the principal, to provide in
25 writing the reasons for the council's not renewing the
26 principal's contract.
27 1.5. The local school council's determination of whether
28 to renew the principal's contract shall be based on an
29 evaluation to assess the educational and administrative
30 progress made at the school during the principal's current
31 performance-based contract. The local school council shall
32 base its evaluation on (i) student academic improvement, as
33 defined by the school improvement plan, (ii) student
34 absenteeism rates at the school, (iii) instructional
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1 leadership, (iv) the effective implementation of programs,
2 policies, or strategies to improve student academic
3 achievement, (v) school management, and (vi) any other
4 factors deemed relevant by the local school council,
5 including, without limitation, the principal's communication
6 skills and ability to create and maintain a student-centered
7 learning environment, to develop opportunities for
8 professional development, and to encourage parental
9 involvement and community partnerships to achieve school
10 improvement. If a local school council fails to renew the
11 performance contract of a principal rated by the general
12 superintendent, or his or her designee, in the previous
13 years' evaluations as meeting or exceeding expectations, the
14 principal may request a review of the local school council's
15 principal non-retention decision by a hearing officer
16 appointed by the American Arbitration Association. A local
17 school council member or members or the general
18 superintendent may support the principal's request for
19 review. The principal may request review only once while at
20 that attendance center. If a local school council renews the
21 contract of a principal who failed to obtain a rating of
22 "meets" or "exceeds expectations" in the general
23 superintendent's evaluation for the previous year, a local
24 school council member or members or the general
25 superintendent may request a review of the local school
26 council's principal retention decision by a hearing officer
27 appointed by the American Arbitration Association. The local
28 school council member or members or the general
29 superintendent may request a review only once for that
30 principal at that attendance center. All requests to review
31 the retention or non-retention of a principal shall be
32 submitted to the general superintendent, who shall, in turn,
33 timely forward such requests to the American Arbitration
34 Association. If the local school council retains the
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1 principal and the general superintendent requests a review of
2 the retention decision, the principal and the general
3 superintendent shall be considered adversarial parties and a
4 hearing officer shall be chosen between those 2 parties as
5 described in Section 34-85 of this Code. If the local school
6 council retains the principal and a member or members of the
7 local school council requests a review of the principal's
8 contract, the principal and the local school council shall be
9 considered adversarial parties and a hearing officer shall be
10 chosen between those 2 parties as described in Section 34-85
11 of this Code. If the local school council does not retain
12 the principal and the principal requests a review of the
13 retention decision, the local school council and the
14 principal shall be considered adversarial parties and a
15 hearing officer shall be chosen between those 2 parties in
16 the manner described in Section 34-85 of this Code. The
17 Board shall contract with the American Arbitration
18 Association for all of the hearing officer's reasonable and
19 necessary costs. In addition, the Board shall pay any
20 reasonable costs incurred by a local school council for
21 representation before a hearing officer.
22 1.10. The hearing officer shall conduct a hearing, which
23 shall include (i) a review of the principal's performance,
24 evaluations, and other evidence of the principal's service at
25 the school, (ii) reasons provided by the local school council
26 for its decision, and (iii) documentation evidencing views of
27 interested persons, including, without limitation, students,
28 parents, local school council members, school faculty and
29 staff, the principal, the general superintendent or his or
30 her designee, and members of the community. The hearing
31 officer shall set the local school council decision aside if
32 that decision, in light of the record developed at the
33 hearing, is arbitrary and capricious. The decision of the
34 hearing officer may not be appealed to the Board or the State
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1 Board of Education. If the hearing officer decides that the
2 principal shall be retained, the retention period shall not
3 exceed 2 years.
4 2. In the event (i) the local school council does not
5 renew the performance contract of the principal, or the
6 principal fails to receive a satisfactory rating as provided
7 in subsection (h) of Section 34-8.3, or the principal is
8 removed for cause during the term of his or her performance
9 contract in the manner provided by Section 34-85, or a
10 vacancy in the position of principal otherwise occurs prior
11 to the expiration of the term of a principal's performance
12 contract, and (ii) the local school council fails to directly
13 select a new principal (including a new principal to fill a
14 vacancy) to serve under a 4 year performance contract, the
15 local school council in such event shall submit to the
16 general superintendent a list of 3 candidates -- listed in
17 the local school council's order of preference -- for the
18 position of principal, one of which shall be selected by the
19 general superintendent to serve as principal of the
20 attendance center. If the general superintendent fails or
21 refuses to select one of the candidates on the list to serve
22 as principal within 30 days after being furnished with the
23 candidate list, the general superintendent shall select and
24 place a principal on an interim basis (i) for a period not to
25 exceed one year or (ii) until the local school council
26 selects a new principal with 7 affirmative votes as provided
27 in subsection (c) of Section 34-2.2, whichever occurs first.
28 If the local school council fails or refuses to select and
29 appoint a new principal, as specified by subsection (c) of
30 Section 34-2.2, the general superintendent may select and
31 appoint a new principal on an interim basis for an additional
32 year or until a new contract principal is selected by the
33 local school council the local school council within 15 days
34 after such failure or refusal shall itself select one of the
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1 candidates from the list as principal of the attendance
2 center. There shall be no discrimination on the basis of
3 race, sex, creed, color, religion, national origin, sexual
4 orientation, or disability unrelated to ability to perform in
5 connection with the submission of candidates for, and the
6 selection of a candidate to serve as principal of an
7 attendance center. No person shall be directly selected,
8 listed as a candidate for, or selected to serve as principal
9 of an attendance center (i) if such person has been removed
10 for cause from employment by the Board or (ii) if such person
11 does not hold a valid administrative certificate issued or
12 exchanged under Article 21 and endorsed as required by that
13 Article for the position of principal. A principal whose
14 performance contract is not renewed as provided under
15 subsection (c) of Section 34-2.2 may nevertheless, if
16 otherwise qualified and certified as herein provided and if
17 he or she has received a satisfactory rating as provided in
18 subsection (h) of Section 34-8.3, be included by a local
19 school council as one of the 3 candidates listed in order of
20 preference on any candidate list from which one person is to
21 be selected to serve as principal of the attendance center
22 under a new performance contract. The initial candidate list
23 required to be submitted by a local school council to the
24 general superintendent in cases where the local school
25 council does not renew the performance contract of its
26 principal and does not directly select a new principal to
27 serve under a 4 year performance contract shall be submitted
28 not later than 30 days prior to the expiration of the current
29 performance contract. In cases where the local school
30 council fails or refuses to submit the candidate list to the
31 general superintendent no later than 30 days prior to the
32 expiration of the incumbent principal's contract, the general
33 superintendent may appoint a principal on an interim basis
34 for a period not to exceed one year, during which time the
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1 local school council shall be able to select a new principal
2 with 7 affirmative votes as provided in subsection (c) of
3 Section 34-2.2 May 1 of the calendar year in which such
4 performance contract expires. In cases where a principal is
5 removed for cause or a vacancy otherwise occurs in the
6 position of principal and the vacancy is not filled by direct
7 selection by the local school council, the candidate list
8 shall be submitted by the local school council to the general
9 superintendent within not later than 90 days after the date
10 such removal or vacancy occurs. In cases where the local
11 school council fails or refuses to submit the candidate list
12 to the general superintendent within 90 days after the date
13 of the vacancy, the general superintendent may appoint a
14 principal on an interim basis for a period of one year,
15 during which time the local school council shall be able to
16 select a new principal with 7 affirmative votes as provided
17 in subsection (c) of Section 34-2.2.
18 2.5. Whenever a vacancy in the office of a principal
19 occurs for any reason, the vacancy shall be filled in the
20 manner provided by this Section by the selection of a new
21 principal to serve under a 4 year performance contract.
22 3. To establish additional criteria to be included as
23 part of the performance contract of its principal, provided
24 that such additional criteria shall not discriminate on the
25 basis of race, sex, creed, color, religion, national origin,
26 sexual orientation, or disability unrelated to ability to
27 perform, and shall not be inconsistent with the uniform 4
28 year performance contract for principals developed by the
29 board as provided in Section 34-8.1 of the School Code or
30 with other provisions of this Article governing the authority
31 and responsibility of principals.
32 4. To approve the expenditure plan prepared by the
33 principal with respect to all funds allocated and distributed
34 to the attendance center by the Board. The expenditure plan
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1 shall be administered by the principal. Notwithstanding any
2 other provision of this Act or any other law, any expenditure
3 plan approved and administered under this Section 34-2.3
4 shall be consistent with and subject to the terms of any
5 contract for services with a third party entered into by the
6 Chicago School Reform Board of Trustees or the board under
7 this Act.
8 Via a supermajority vote of 7 members of the local school
9 council or 8 members of a high school local school council,
10 the Council may transfer allocations pursuant to Section
11 34-2.3 within funds; provided that such a transfer is
12 consistent with applicable law and collective bargaining
13 agreements.
14 Beginning in fiscal year 1991 and in each fiscal year
15 thereafter, the Board may reserve up to 1% of its total
16 fiscal year budget for distribution on a prioritized basis to
17 schools throughout the school system in order to assure
18 adequate programs to meet the needs of special student
19 populations as determined by the Board. This distribution
20 shall take into account the needs catalogued in the
21 Systemwide Plan and the various local school improvement
22 plans of the local school councils. Information about these
23 centrally funded programs shall be distributed to the local
24 school councils so that their subsequent planning and
25 programming will account for these provisions.
26 Beginning in fiscal year 1991 and in each fiscal year
27 thereafter, from other amounts available in the applicable
28 fiscal year budget, the board shall allocate a lump sum
29 amount to each local school based upon such formula as the
30 board shall determine taking into account the special needs
31 of the student body. The local school principal shall
32 develop an expenditure plan in consultation with the local
33 school council, the professional personnel advisory committee
34 and with all other school personnel, which reflects the
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1 priorities and activities as described in the school's local
2 school improvement plan and is consistent with applicable law
3 and collective bargaining agreements and with board policies
4 and standards; however, the local school council shall have
5 the right to request waivers of board policy from the board
6 of education and waivers of employee collective bargaining
7 agreements pursuant to Section 34-8.1a.
8 The expenditure plan developed by the principal with
9 respect to amounts available from the fund for prioritized
10 special needs programs and the allocated lump sum amount must
11 be approved by the local school council.
12 The lump sum allocation shall take into account the
13 following principles:
14 a. Teachers: Each school shall be allocated funds
15 equal to the amount appropriated in the previous school
16 year for compensation for teachers (regular grades
17 kindergarten through 12th grade) plus whatever increases
18 in compensation have been negotiated contractually or
19 through longevity as provided in the negotiated
20 agreement. Adjustments shall be made due to layoff or
21 reduction in force, lack of funds or work, change in
22 subject requirements, enrollment changes, or contracts
23 with third parties for the performance of services or to
24 rectify any inconsistencies with system-wide allocation
25 formulas or for other legitimate reasons.
26 b. Other personnel: Funds for other teacher
27 certificated and uncertificated personnel paid through
28 non-categorical funds shall be provided according to
29 system-wide formulas based on student enrollment and the
30 special needs of the school as determined by the Board.
31 c. Non-compensation items: Appropriations for all
32 non-compensation items shall be based on system-wide
33 formulas based on student enrollment and on the special
34 needs of the school or factors related to the physical
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1 plant, including but not limited to textbooks, supplies,
2 electricity, equipment, and routine maintenance.
3 d. Funds for categorical programs: Schools shall
4 receive personnel and funds based on, and shall use such
5 personnel and funds in accordance with State and Federal
6 requirements applicable to each categorical program
7 provided to meet the special needs of the student body
8 (including but not limited to, Federal Chapter I,
9 Bilingual, and Special Education).
10 d.1. Funds for State Title I: Each school shall
11 receive funds based on State and Board requirements
12 applicable to each State Title I pupil provided to meet
13 the special needs of the student body. Each school shall
14 receive the proportion of funds as provided in Section
15 18-8 to which they are entitled. These funds shall be
16 spent only with the budgetary approval of the Local
17 School Council as provided in Section 34-2.3.
18 e. The Local School Council shall have the right to
19 request the principal to close positions and open new
20 ones consistent with the provisions of the local school
21 improvement plan provided that these decisions are
22 consistent with applicable law and collective bargaining
23 agreements. If a position is closed, pursuant to this
24 paragraph, the local school shall have for its use the
25 system-wide average compensation for the closed position.
26 f. Operating within existing laws and collective
27 bargaining agreements, the local school council shall
28 have the right to direct the principal to shift
29 expenditures within funds.
30 g. (Blank).
31 Any funds unexpended at the end of the fiscal year shall
32 be available to the board of education for use as part of its
33 budget for the following fiscal year.
34 5. To make recommendations to the principal concerning
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1 textbook selection and concerning curriculum developed
2 pursuant to the school improvement plan which is consistent
3 with systemwide curriculum objectives in accordance with
4 Sections 34-8 and 34-18 of the School Code and in conformity
5 with the collective bargaining agreement.
6 6. To advise the principal concerning the attendance and
7 disciplinary policies for the attendance center, subject to
8 the provisions of this Article and Article 26, and consistent
9 with the uniform system of discipline established by the
10 board pursuant to Section 34-19.
11 7. To approve a school improvement plan developed as
12 provided in Section 34-2.4. The process and schedule for plan
13 development shall be publicized to the entire school
14 community, and the community shall be afforded the
15 opportunity to make recommendations concerning the plan. At
16 least twice a year the principal and local school council
17 shall report publicly on progress and problems with respect
18 to plan implementation.
19 8. To evaluate the allocation of teaching resources and
20 other certificated and uncertificated staff to the attendance
21 center to determine whether such allocation is consistent
22 with and in furtherance of instructional objectives and
23 school programs reflective of the school improvement plan
24 adopted for the attendance center; and to make
25 recommendations to the board, the general superintendent and
26 the principal concerning any reallocation of teaching
27 resources or other staff whenever the council determines that
28 any such reallocation is appropriate because the
29 qualifications of any existing staff at the attendance center
30 do not adequately match or support instructional objectives
31 or school programs which reflect the school improvement plan.
32 9. To make recommendations to the principal and the
33 general superintendent concerning their respective
34 appointments, after August 31, 1989, and in the manner
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1 provided by Section 34-8 and Section 34-8.1, of persons to
2 fill any vacant, additional or newly created positions for
3 teachers at the attendance center or at attendance centers
4 which include the attendance center served by the local
5 school council.
6 10. To request of the Board the manner in which training
7 and assistance shall be provided to the local school council.
8 Pursuant to Board guidelines a local school council is
9 authorized to direct the Board of Education to contract with
10 personnel or not-for-profit organizations not associated with
11 the school district to train or assist council members. If
12 training or assistance is provided by contract with personnel
13 or organizations not associated with the school district, the
14 period of training or assistance shall not exceed 30 hours
15 during a given school year; person shall not be employed on a
16 continuous basis longer than said period and shall not have
17 been employed by the Chicago Board of Education within the
18 preceding six months. Council members shall receive training
19 in at least the following areas:
20 1. school budgets;
21 2. educational theory pertinent to the attendance
22 center's particular needs, including the development of
23 the school improvement plan and the principal's
24 performance contract; and
25 3. personnel selection.
26 Council members shall, to the greatest extent possible,
27 complete such training within 90 days of election.
28 11. In accordance with systemwide guidelines contained
29 in the System-Wide Educational Reform Goals and Objectives
30 Plan, criteria for evaluation of performance shall be
31 established for local school councils and local school
32 council members. If a local school council persists in
33 noncompliance with systemwide requirements, the Board may
34 impose sanctions and take necessary corrective action,
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1 consistent with Section 34-8.3.
2 12. Each local school council shall comply with the Open
3 Meetings Act and the Freedom of Information Act. Each local
4 school council shall issue and transmit to its school
5 community a detailed annual report accounting for its
6 activities programmatically and financially. Each local
7 school council shall convene at least 2 well-publicized
8 meetings annually with its entire school community. These
9 meetings shall include presentation of the proposed local
10 school improvement plan, of the proposed school expenditure
11 plan, and the annual report, and shall provide an opportunity
12 for public comment.
13 13. Each local school council is encouraged to involve
14 additional non-voting members of the school community in
15 facilitating the council's exercise of its responsibilities.
16 14. The local school council may adopt a school uniform
17 or dress code policy that governs the attendance center and
18 that is necessary to maintain the orderly process of a school
19 function or prevent endangerment of student health or safety,
20 consistent with the policies and rules of the Board of
21 Education. A school uniform or dress code policy adopted by a
22 local school council: (i) shall not be applied in such manner
23 as to discipline or deny attendance to a transfer student or
24 any other student for noncompliance with that policy during
25 such period of time as is reasonably necessary to enable the
26 student to acquire a school uniform or otherwise comply with
27 the dress code policy that is in effect at the attendance
28 center into which the student's enrollment is transferred;
29 and (ii) shall include criteria and procedures under which
30 the local school council will accommodate the needs of or
31 otherwise provide appropriate resources to assist a student
32 from an indigent family in complying with an applicable
33 school uniform or dress code policy. A student whose parents
34 or legal guardians object on religious grounds to the
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1 student's compliance with an applicable school uniform or
2 dress code policy shall not be required to comply with that
3 policy if the student's parents or legal guardians present to
4 the local school council a signed statement of objection
5 detailing the grounds for the objection.
6 15. All decisions made and actions taken by the local
7 school council in the exercise of its powers and duties shall
8 comply with State and federal laws, all applicable collective
9 bargaining agreements, court orders and rules properly
10 promulgated by the Board.
11 15a. To grant, in accordance with board rules and
12 policies, the use of assembly halls and classrooms when not
13 otherwise needed, including lighting, heat, and attendants,
14 for public lectures, concerts, and other educational and
15 social activities.
16 15b. To approve, in accordance with board rules and
17 policies, receipts and expenditures for all internal accounts
18 of the attendance center, and to approve all fund-raising
19 activities by nonschool organizations that use the school
20 building.
21 16. (Blank).
22 17. Names and addresses of local school council members
23 shall be a matter of public record.
24 (Source: P.A. 89-15, eff. 5-30-95; 89-610, eff. 8-6-96;
25 89-636, eff. 8-9-96; 90-14, eff. 7-1-97.)
26 (105 ILCS 5/34-2.3b)
27 Sec. 34-2.3b. Local School Council Training. The board
28 shall collaborate with universities and other interested
29 entities and individuals to offer training to local school
30 council members on topics relevant to school operations and
31 their responsibilities as local school council members,
32 including but not limited to legal requirements, role
33 differentiation, responsibilities, and authorities, and
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1 improving student achievement. Training of local school
2 council members shall be provided at the direction of the
3 board in consultation with the Council of Chicago-area Deans
4 of Education. Incoming local school council members shall be
5 required to complete a 3-day training program provided under
6 this Section within 6 months of taking office. The board
7 shall monitor the compliance of incoming local school council
8 members with the 3-day training program requirement
9 established by this Section. The board shall declare vacant
10 the office of a local school council member who fails to
11 complete the 3-day training program provided under this
12 Section within the 6 month period allowed. Any such vacancy
13 shall be filled as provided in subsection (o) of Section
14 34-2.1 by appointment of another person qualified to hold the
15 office. In addition to requiring local school council
16 members to complete the 3-day training program under this
17 Section, the board may encourage local school council members
18 to complete additional training during their term of office
19 and shall provide recognition for individuals completing that
20 additional training. The board is authorized to collaborate
21 with universities, non-profits, and other interested
22 organizations and individuals to offer additional training to
23 local school council members on a regular basis during their
24 term in office. The board shall not be required to bear the
25 cost of the required 3-day training program or any additional
26 training provided to local school council members under this
27 Section.
28 The board shall also offer training to aid local school
29 councils in developing principal evaluation procedures and
30 criteria. The board shall send out requests for proposals
31 concerning this training and is authorized to contract with
32 universities, non-profits, and other interested organizations
33 and individuals to provide this training. The board is
34 authorized to use funds from private organizations,
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1 non-profits, or any other outside source as well as its own
2 funds for this purpose.
3 (Source: P.A. 89-15, eff. 5-30-95; 90-100, eff. 7-11-97.)
4 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
5 Sec. 34-2.4b. Limitation upon applicability. The
6 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
7 34-2.4 and 34-8.3, and those provisions of paragraph 1 of
8 Section 34-18 and paragraph (c) of Section 34A-201a relating
9 to the allocation or application -- by formula or otherwise
10 -- of lump sum amounts and other funds to attendance centers,
11 shall not apply to attendance centers that have applied for
12 and been designated as a "Small School" by the Board, the
13 Cook County Juvenile Detention Center and Cook County Jail
14 schools, nor to the district's alternative schools for
15 pregnant girls, nor to alternative schools established under
16 Article 13A, nor to Washburne Trade School, the Industrial
17 Skills Center or Michael R. Durso School, the Jackson Adult
18 Center, the Hillard Adult Center, or the Alternative
19 Transitional School, or any other attendance center
20 designated by the Board as an alternative school, provided
21 that the designation is not applied to a school building that
22 has in place a legally constituted local school council; and
23 the board of education shall have and exercise with respect
24 to those schools and with respect to the conduct, operation,
25 affairs and budgets of those schools, and with respect to the
26 principals, teachers and other school staff there employed,
27 the same powers which are exercisable by local school
28 councils with respect to the other attendance centers,
29 principals, teachers and school staff within the district,
30 together with all powers and duties generally exercisable by
31 the board of education with respect to all attendance centers
32 within the district. The board of education shall develop
33 appropriate alternative methods for involving parents,
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1 community members and school staff to the maximum extent
2 possible in all of the activities of those schools, and may
3 delegate to the parents, community members and school staff
4 so involved the same powers which are exercisable by local
5 school councils with respect to other attendance centers.
6 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96;
7 90-566, eff. 1-2-98.)
8 (105 ILCS 5/34-3.4)
9 (Section scheduled to be repealed on June 30, 2000)
10 Sec. 34-3.4. Chicago Schools Academic Accountability
11 Council.
12 (a) The Chicago Schools Academic Accountability Council,
13 hereinafter in this Section referred to as the "Council",
14 shall be created as provided in this Section to assist the
15 board and the State Board of Education in ensuring the
16 continuous improvement in all schools operated by the board.
17 (b) The purpose of the Council is to develop and
18 implement a comprehensive system of review, evaluation, and
19 analysis of school performance within the Chicago public
20 schools.
21 (c) The Trustees in consultation with the State Board of
22 Education shall establish the Chicago Schools Academic
23 Accountability Council to develop and implement an evaluation
24 system of the academic achievement of schools in districts
25 having a population that exceeds 500,000. The Trustees, in
26 consultation with the State Board of Education, shall
27 determine the size and makeup of the Council, the terms of
28 office of its members, and the process for appointment,
29 removal, and replacement of Council members. Evaluations will
30 be provided to the Trustees, the chief educational officer,
31 the respective principals, the respective local school
32 councils, and the State Superintendent of Education.
33 Evaluations may make recommendations to support future school
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1 improvement, including recognition for exemplary achievement,
2 and initiation of remediation, probation, intervention, or
3 closure for an attendance center not meeting academic
4 standards. Consultation with the State Board of Education
5 shall be directed at ensuring consistency of evaluations and
6 preventing duplicative evaluation efforts.
7 (d) Nothing in this Section is designed to limit or
8 otherwise affect the general powers and responsibilities of
9 the chief educational officer to intervene or otherwise act
10 with respect to any attendance center not meeting standards
11 of academic performance and improvement specified by the
12 board, including intervention or action through remediation,
13 probation, intervention or closure.
14 (e) The Trustees and the chief educational officer may
15 request the Council to conduct or arrange for evaluations of
16 educational programs, policies, and procedures as may be
17 deemed necessary to ensure the academic progress of the
18 attendance centers in the system.
19 (f) The annual budget of the Council shall be determined
20 by the Trustees. Revenues needed to support the operations
21 of the Council may be derived from any available sources,
22 including, but not limited to, State aid received by the
23 board that was previously paid to the School Finance
24 Authority. Revenues may also be derived from grants and
25 other contributions from civic, business, and community-based
26 foundations and from other private sources.
27 (g) The Council shall be subject to the provisions of
28 the Open Meetings Act and the Freedom of Information Act.
29 (h) This Section is repealed on June 30, 2004 2000.
30 (Source: P.A. 89-15, eff. 5-30-95; 89-626, eff. 8-9-96.)
31 (105 ILCS 5/34-8) (from Ch. 122, par. 34-8)
32 Sec. 34-8. Powers and duties of general superintendent.
33 The general superintendent of schools shall prescribe and
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1 control, subject to the approval of the board and to other
2 provisions of this Article, the courses of study mandated by
3 State law, textbooks, educational apparatus and equipment,
4 discipline in and conduct of the schools, and shall perform
5 such other duties as the board may by rule prescribe. The
6 superintendent shall also notify the State Board of
7 Education, the board and the chief administrative official,
8 other than the alleged perpetrator himself, in the school
9 where the alleged perpetrator serves, that any person who is
10 employed in a school or otherwise comes into frequent contact
11 with children in the school has been named as a perpetrator
12 in an indicated report filed pursuant to the Abused and
13 Neglected Child Reporting Act, approved June 26, 1975, as
14 amended.
15 The general superintendent may be granted the authority
16 by the board to hire a specific number of employees to assist
17 in meeting immediate responsibilities. Conditions of
18 employment for such personnel shall not be subject to the
19 provisions of Section 34-85.
20 The general superintendent may, pursuant to a delegation
21 of authority by the board and Section 34-18, approve
22 contracts and expenditures.
23 Pursuant to other provisions of this Article, sites shall
24 be selected, schoolhouses located thereon and plans therefor
25 approved, and textbooks and educational apparatus and
26 equipment shall be adopted and purchased by the board only
27 upon the recommendation of the general superintendent of
28 schools or by a majority vote of the full membership of the
29 board and, in the case of textbooks, subject to Article 28 of
30 this Act. The board may furnish free textbooks to pupils and
31 may publish its own textbooks and manufacture its own
32 apparatus, equipment and supplies.
33 In addition, in January of each year, beginning in 1990,
34 the general superintendent of schools shall report to the
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1 regional superintendent of schools of the educational service
2 region in which the school district organized under this
3 Article is located, the number of high school students in the
4 district who are enrolled in accredited courses (for which
5 high school credit will be awarded upon successful completion
6 of the courses) at any community college, together with the
7 name and number of the course or courses which each such
8 student is taking.
9 The general superintendent shall also have the authority
10 to monitor the performance of attendance centers, to identify
11 and place an attendance center on remediation and probation,
12 and to recommend to the board that the attendance center be
13 placed on intervention and be reconstituted, subject to the
14 provisions of Sections 34-8.3 and 8.4.
15 The general superintendent, or his or her designee, shall
16 conduct an annual evaluation of each principal in the
17 district pursuant to guidelines promulgated by the Board and
18 the Board approved principal evaluation form. The evaluation
19 shall be based on factors, including the following: (i)
20 student academic improvement, as defined by the school
21 improvement plan; (ii) student absenteeism rates at the
22 school; (iii) instructional leadership; (iv) effective
23 implementation of programs, policies, or strategies to
24 improve student academic achievement; (v) school management;
25 and (vi) other factors, including, without limitation, the
26 principal's communication skills and ability to create and
27 maintain a student-centered learning environment, to develop
28 opportunities for professional development, and to encourage
29 parental involvement and community partnerships to achieve
30 school improvement.
31 (Source: P.A. 88-511; 89-15, eff. 5-30-95.)
32 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
33 Sec. 34-8.1. Principals. Principals shall be employed to
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1 supervise the operation of each attendance center. Their
2 powers and duties shall include but not be limited to the
3 authority (i) to direct, supervise, evaluate, and suspend
4 with or without pay or otherwise discipline all teachers,
5 assistant principals, and other employees assigned to the
6 attendance center in accordance with board rules and policies
7 and (ii) to direct all other persons assigned to the
8 attendance center pursuant to a contract with a third party
9 to provide services to the school system. The right to
10 employ, discharge, and layoff shall be vested solely with the
11 board. The principal shall fill positions by appointment as
12 provided in this Section and may make recommendations to the
13 board regarding the employment, discharge, or layoff of any
14 individual. The authority of the principal shall include the
15 authority to direct the hours during which the attendance
16 center shall be open and available for use provided the use
17 complies with board rules and policies, to determine when and
18 what operations shall be conducted within those hours, and to
19 schedule staff within those hours. Under the direction of,
20 and subject to the authority of the principal, the Engineer
21 In Charge shall be accountable for the safe, economical
22 operation of the plant and grounds and shall also be
23 responsible for orientation, training, and supervising the
24 work of Engineers, Trainees, school maintenance assistants,
25 custodial workers and other plant operation employees under
26 his or her direction.
27 There shall be established by the board a system of
28 semi-annual evaluations conducted by the principal as to
29 performance of the engineer in charge. Nothing in this
30 Section shall prevent the principal from conducting
31 additional evaluations. An overall numerical rating shall
32 be given by the principal based on the evaluation conducted
33 by the principal. An unsatisfactory numerical rating shall
34 result in disciplinary action, which may include, without
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1 limitation and in the judgment of the principal, loss of
2 promotion or bidding procedure, reprimand, suspension with or
3 without pay, or recommended dismissal. The board shall
4 establish procedures for conducting the evaluation and
5 reporting the results to the engineer in charge.
6 Under the direction of, and subject to the authority of,
7 the principal, the Food Service Manager is responsible at all
8 times for the proper operation and maintenance of the lunch
9 room to which he is assigned and shall also be responsible
10 for the orientation, training, and supervising the work of
11 cooks, bakers, porters, and lunchroom attendants under his or
12 her direction.
13 There shall be established by the Board a system of
14 semi-annual evaluations conducted by the principal as to the
15 performance of the food service manager. Nothing in this
16 Section shall prevent the principal from conducting
17 additional evaluations. An overall numerical rating shall be
18 given by the principal based on the evaluation conducted by
19 the principal. An unsatisfactory numerical rating shall
20 result in disciplinary action which may include, without
21 limitation and in the judgment of the principal, loss of
22 promotion or bidding procedure, reprimand, suspension with or
23 without pay, or recommended dismissal. The board shall
24 establish rules for conducting the evaluation and reporting
25 the results to the food service manager.
26 Nothing in this Section shall be interpreted to require
27 the employment or assignment of an Engineer-In-Charge or a
28 Food Service Manager for each attendance center.
29 Principals shall be employed to supervise the educational
30 operation of each attendance center. If a principal is absent
31 due to extended illness or leave or absence, an assistant
32 principal may be assigned as acting principal for a period
33 not to exceed 100 school days. Each principal shall assume
34 administrative responsibility and instructional leadership,
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1 in accordance with reasonable rules and regulations of the
2 board, for the planning, operation and evaluation of the
3 educational program of the attendance center to which he is
4 assigned. The principal shall submit recommendations to the
5 general superintendent concerning the appointment, dismissal,
6 retention, promotion, and assignment of all personnel
7 assigned to the attendance center; provided, that from and
8 after September 1, 1989: (i) if any vacancy occurs in a
9 position at the attendance center or if an additional or new
10 position is created at the attendance center, that position
11 shall be filled by appointment made by the principal in
12 accordance with procedures established and provided by the
13 Board whenever the majority of the duties included in that
14 position are to be performed at the attendance center which
15 is under the principal's supervision, and each such
16 appointment so made by the principal shall be made and based
17 upon merit and ability to perform in that position without
18 regard to seniority or length of service, provided, that such
19 appointments shall be subject to the Board's desegregation
20 obligations, including but not limited to the Consent Decree
21 and Desegregation Plan in U.S. v. Chicago Board of Education;
22 (ii) the principal shall submit recommendations based upon
23 merit and ability to perform in the particular position,
24 without regard to seniority or length of service, to the
25 general superintendent concerning the appointment of any
26 teacher, teacher aide, counselor, clerk, hall guard, security
27 guard and any other personnel which is to be made by the
28 general superintendent whenever less than a majority of the
29 duties of that teacher, teacher aide, counselor, clerk, hall
30 guard, and security guard and any other personnel are to be
31 performed at the attendance center which is under the
32 principal's supervision; and (iii) subject to law and the
33 applicable collective bargaining agreements, the authority
34 and responsibilities of a principal with respect to the
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1 evaluation of all teachers and other personnel assigned to an
2 attendance center shall commence immediately upon his or her
3 appointment as principal of the attendance center, without
4 regard to the length of time that he or she has been the
5 principal of that attendance center.
6 Notwithstanding the existence of any other law of this
7 State, nothing in this Act shall prevent the board from
8 entering into a contract with a third party for services
9 currently performed by any employee or bargaining unit
10 member.
11 Notwithstanding any other provision of this Article, each
12 principal may approve contracts, binding on the board, in the
13 amount of no more than $10,000, if the contract is endorsed
14 by the Local School Council.
15 Unless otherwise prohibited by law or by rule of the
16 board, the principal shall provide to local school council
17 members copies of all internal audits and any other pertinent
18 information generated by any audits or reviews of the
19 programs and operation of the attendance center.
20 Each principal shall hold a valid administrative
21 certificate issued or exchanged in accordance with Article 21
22 and endorsed as required by that Article for the position of
23 principal. The board may establish or impose academic,
24 educational, examination, and experience requirements and
25 criteria that are in addition to those established and
26 required by Article 21 for issuance of a valid certificate
27 endorsed for the position of principal as a condition of the
28 nomination, selection, appointment, employment, or continued
29 employment of a person as principal of any attendance center,
30 or as a condition of the renewal of any principal's
31 performance contract.
32 The board shall specify in its formal job description for
33 principals, and from and after July 1, 1990 shall specify in
34 the 4 year performance contracts for use with respect to all
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1 principals, that his or her primary responsibility is in the
2 improvement of instruction. A majority of the time spent by
3 a principal shall be spent on curriculum and staff
4 development through both formal and informal activities,
5 establishing clear lines of communication regarding school
6 goals, accomplishments, practices and policies with parents
7 and teachers. The principal, with the assistance of the
8 local school council, shall develop a school improvement plan
9 as provided in Section 34-2.4 and, upon approval of the plan
10 by the local school council, shall be responsible for
11 directing implementation of the plan. The principal, with the
12 assistance of the Professional Personnel Advisory Committee,
13 shall develop the specific methods and contents of the
14 school's curriculum within the board's system-wide curriculum
15 standards and objectives and the requirements of the school
16 improvement plan. The board shall ensure that all principals
17 are evaluated on their instructional leadership ability and
18 their ability to maintain a positive education and learning
19 climate. It shall also be the responsibility of the
20 principal to utilize resources of proper law enforcement
21 agencies when the safety and welfare of students and teachers
22 are threatened by illegal use of drugs and alcohol, by
23 illegal use or possession of weapons, or by illegal gang
24 activity.
25 On or before October 1, 1989, the Board of Education, in
26 consultation with any professional organization representing
27 principals in the district, shall promulgate rules and
28 implement a lottery for the purpose of determining whether a
29 principal's existing performance contract (including the
30 performance contract applicable to any principal's position
31 in which a vacancy then exists) expires on June 30, 1990 or
32 on June 30, 1991, and whether the ensuing 4 year performance
33 contract begins on July 1, 1990 or July 1, 1991. The Board of
34 Education shall establish and conduct the lottery in such
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1 manner that of all the performance contracts of principals
2 (including the performance contracts applicable to all
3 principal positions in which a vacancy then exists), 50% of
4 such contracts shall expire on June 30, 1990, and 50% shall
5 expire on June 30, 1991. All persons serving as principal on
6 May 1, 1989, and all persons appointed as principal after May
7 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
8 manner other than as provided by Section 34-2.3, shall be
9 deemed by operation of law to be serving under a performance
10 contract which expires on June 30, 1990 or June 30, 1991; and
11 unless such performance contract of any such principal is
12 renewed (or such person is again appointed to serve as
13 principal) in the manner provided by Section 34-2.2 or
14 34-2.3, the employment of such person as principal shall
15 terminate on June 30, 1990 or June 30, 1991.
16 Commencing on July 1, 1990, or on July 1, 1991, and
17 thereafter, the principal of each attendance center shall be
18 the person selected in the manner provided by Section 34-2.3
19 to serve as principal of that attendance center under a 4
20 year performance contract. All performance contracts of
21 principals expiring after July 1, 1990, or July 1, 1991,
22 shall commence on the date specified in the contract, and the
23 renewal of their performance contracts and the appointment of
24 principals when their performance contracts are not renewed
25 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
26 vacancy in the office of a principal occurs for any reason,
27 the vacancy shall be filled by the selection of a new
28 principal to serve under a 4 year performance contract in the
29 manner provided by Section 34-2.3.
30 The board of education shall develop and prepare, in
31 consultation with the organization representing principals, a
32 4 year performance contract for use at all attendance
33 centers, and shall furnish the same to each local school
34 council. The contract's 4-year term may be modified by the
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1 board pursuant to the principal retention review provisions
2 of Section 34-2.3. The performance contract of each
3 principal shall consist of the uniform performance contract,
4 as developed or from time to time modified by the board, and
5 such additional criteria as are established by a local school
6 council pursuant to Section 34-2.3 for the performance
7 contract of its principal.
8 During the term of his or her performance contract, a
9 principal may be removed only as provided for in the
10 performance contract except for cause. He or she shall also
11 be obliged to follow the rules of the board of education
12 concerning conduct and efficiency.
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, or in the event a principal
16 is appointed to any position of superintendent or higher
17 position, or voluntarily resigns his position of principal,
18 his or her employment as a principal shall terminate and such
19 former principal shall not be reinstated to the position from
20 which he or she was promoted to principal, except that he or
21 she, if otherwise qualified and certified in accordance with
22 Article 21, shall be placed by the board on appropriate
23 eligibility lists which it prepares for use in the filling of
24 vacant or additional or newly created positions for teachers.
25 The principal's total years of service to the board as both a
26 teacher and a principal, or in other professional capacities,
27 shall be used in calculating years of experience for purposes
28 of being selected as a teacher into new, additional or vacant
29 positions.
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, such principal shall be
33 eligible to continue to receive his or her previously
34 provided level of health insurance benefits for a period of
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1 90 days following the non-renewal of the contract at no
2 expense to the principal, provided that such principal has
3 not retired.
4 (Source: P.A. 88-45; 88-85; 88-511; 88-670, eff. 12-2-94;
5 88-686, eff. 1-24-95; 89-15, eff. 5-30-95; 89-636, eff.
6 8-9-96.)
7 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
8 Sec. 34-8.3. Remediation and probation of attendance
9 centers.
10 (a) The general superintendent shall monitor the
11 performance of the attendance centers within the district and
12 shall identify attendance centers in which that have:
13 (1) there is a failure failed to develop, or
14 implement, or comply with a school improvement plan;
15 (2) there is a pervasive breakdown in the
16 educational program as indicated by factors, including,
17 but not limited to, the absence of improvement in student
18 reading and math achievement scores, an increased
19 drop-out rate, a decreased graduation rate, and a
20 decrease in rate of student attendance failed to make
21 adequate progress toward complying with a school
22 improvement plan;
23 (3) there is a significant threat to the safety and
24 well being of students and staff that is attributable to
25 the internal operations of the school failed or refused
26 to comply with its school improvement plan; or
27 (4) there is a pervasive failure by the principal
28 in the execution of his or her managerial
29 responsibilities pursuant to Section 34-8.1 to adhere to
30 the requirements of collective bargaining agreements or
31 other applicable laws or Board rules and policies
32 governing employee/employer relations; or
33 (5) there is a failure otherwise failed or refusal
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1 refused to comply with the provisions of this Act, other
2 applicable laws, collective bargaining agreements, court
3 orders, or with Board rules which the Board is authorized
4 to promulgate.
5 (b) If the general superintendent identifies a
6 nonperforming school, as defined by Board rule and as
7 described herein, he or she shall place the attendance center
8 on remediation by developing a remediation plan for the
9 center. The purpose of the remediation plan shall be to
10 correct the deficiencies in the performance of the attendance
11 center by one or more of the following methods:
12 (1) drafting a new school improvement plan;
13 (2) applying to the board for additional funding
14 for training for the local school council;
15 (3) directing implementation of a school
16 improvement plan;
17 (4) mediating disputes or other obstacles to reform
18 or improvement at the attendance center.
19 If, however, the general superintendent determines that
20 the problems are not able to be remediated by these methods,
21 the general superintendent shall place the attendance center
22 on probation.
23 (c) Each school placed on probation shall have a school
24 improvement plan and school budget for correcting
25 deficiencies identified specified by the board. The This
26 plan shall include specific steps that the local school
27 council and school staff must take to correct identified
28 deficiencies and specific objective criteria by which the
29 school's subsequent progress will be determined judged. The
30 school budget shall include specific expenditures directly
31 calculated to correct educational and operational
32 deficiencies identified at the school by the probation team.
33 The plan may also specify external technical assistance that
34 will be provided to the school, drawing on its school
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1 discretionary fund and other school funds.
2 (d) Schools placed on probation that, after a maximum of
3 one year, fail to make adequate progress in correcting
4 deficiencies are subject to the following action by the
5 general superintendent with the approval of the board, after
6 opportunity for a hearing:
7 (1) Ordering new local school council elections.
8 (2) Removing and replacing the principal.
9 (3) Replacement of faculty members, subject to the
10 provisions of Section 24A-5.
11 (4) Reconstitution of the attendance center and
12 replacement and reassignment by the general
13 superintendent of all employees of the attendance center.
14 (5) Intervention under Section 34-8.4.
15 (6) Closing of the school.
16 (e) Schools placed on probation shall remain on
17 probation from year to year until deficiencies are corrected,
18 even if such schools make acceptable annual progress.
19 (f) Where the board has reason to believe that
20 violations of civil rights, or of civil or criminal law have
21 occurred, or when the general superintendent deems that the
22 school is in educational crisis it may take immediate
23 corrective action, including the actions specified in this
24 Section, without first placing the school on remediation or
25 probation. Nothing described herein shall limit the
26 authority of the board as provided by any law of this State.
27 The board shall develop criteria governing the determination
28 regarding when a school is in educational crisis.
29 (g) All persons serving as subdistrict superintendent on
30 May 1, 1995 shall be deemed by operation of law to be serving
31 under a performance contract which expires on June 30, 1995,
32 and the employment of each such person as subdistrict
33 superintendent shall terminate on June 30, 1995. The board
34 shall have no obligation to compensate any such person as a
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1 subdistrict superintendent after June 30, 1995.
2 (h) The general superintendent shall, in consultation
3 with local school councils, conduct an annual evaluation of
4 each principal in the district pursuant to guidelines
5 promulgated by the Board of Education.
6 (Source: P.A. 89-15, eff. 5-30-95.)
7 (105 ILCS 5/34-8.3a new)
8 Sec. 34-8.3a. Financial supervision of attendance
9 centers.
10 (a) A fiscal advisor that has been appointed pursuant to
11 subsection (a) of Section 34-2.1 of this Code shall, not
12 later than 90 days after his or her appointment, report to
13 the general superintendent, the board of education, the local
14 school council, and the principal of the school on the
15 progress made in addressing any of the financial
16 deficiencies. If the fiscal advisor determines that the
17 attendance center has rectified all identified deficiencies
18 or has made satisfactory progress in addressing identified
19 deficiencies such that the deficiencies shall be corrected
20 subsequent to the 90-day period, no further action shall be
21 taken by the Board. If, however, the local school council
22 and the principal have not rectified or made satisfactory
23 progress in correcting identified deficiencies, the general
24 superintendent may appoint a financial supervision team,
25 consisting of the fiscal advisor, the general superintendent
26 or his or her designee, and a representative of an outside,
27 independent auditor. Financial supervision teams may develop
28 and implement school budgets to correct the financial
29 irregularities identified in the fiscal advisor's report.
30 The budget shall identify specifically those expenditures
31 that directly correct the irregularities identified in the
32 fiscal advisor's report. Financial supervision teams shall
33 institute systems and procedures necessary to achieve
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1 appropriate fiscal management at the school.
2 (b) Financial supervision teams may modify an existing
3 school improvement plan only to the extent necessary to
4 implement the school budget it develops. Modifications to a
5 school improvement plan shall include specific steps that the
6 local school council and school staff must take to correct
7 each specific financial irregularity identified by the fiscal
8 advisor's report. The modifications to a school improvement
9 plan shall further specify objective criteria by which the
10 deficiencies identified in the fiscal advisor's report are to
11 be corrected. The local school council and school staff
12 shall be consulted on the school budget and modifications to
13 the school improvement plan to be implemented by the
14 financial supervision team but will have no authority to
15 modify either.
16 (c) Upon implementation of the budget developed by the
17 financial supervision team, and accompanying modifications to
18 a school improvement plan, the financial supervision team's
19 authority to conduct fiscal or related educational management
20 of a school shall cease.
21 (105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
22 Sec. 34-11. Duties of general counsel; attorney
23 assistants. The board by a majority vote of its full
24 membership shall appoint a general counsel an attorney who
25 shall have charge and control, subject to the approval of the
26 board, of the law department and of all litigation, legal
27 questions and such other legal matters as may be referred to
28 the department by the board or by the general superintendent
29 of schools. Appointments, promotions and discharge of
30 assistant attorneys shall be made by a majority of the board
31 upon recommendation of the attorney or by a majority vote of
32 the full membership of the board. The general counsel
33 attorney shall hold this office for an indefinite term
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1 subject to removal by a majority vote of the full membership
2 of the board. In this Article, "attorney" means general
3 counsel.
4 (Source: Laws 1961, p. 31.)
5 (105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
6 Sec. 34-12. Participation in meetings by superintendent
7 and attorney. The general superintendent of schools and the
8 general counsel attorney may be present at all meetings of
9 the board and shall have a right to take part in its
10 discussions and deliberations, but shall have no vote.
11 (Source: Laws 1961, p. 31.)
12 (105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
13 Sec. 34-13. Appointment, removal or suspension of
14 attorney and assistants. The appointment and removal of the
15 general superintendent of schools, heads of general
16 departments now in existence or hereafter established, the
17 general counsel attorney, and all assistant attorneys shall
18 not be subject to the civil service law. The heads of general
19 departments now in existence or hereafter established may be
20 removed by a majority vote of the full membership of the
21 board upon the recommendation of the general superintendent
22 of schools or by a majority vote of the full membership of
23 the board.
24 (Source: P.A. 85-1418; 86-1477.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".
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