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Sen. Cristina H. Pacione-Zayas
Filed: 5/30/2021
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1 | | AMENDMENT TO SENATE BILL 2042
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2042 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The School Code is amended by changing |
5 | | Sections 34-2.1, 34-2.2, 34-2.4b, and 34-8.3 as follows:
|
6 | | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
|
7 | | Sec. 34-2.1. Local School Councils - Composition - |
8 | | Voter-Eligibility
- Elections - Terms. |
9 | | (a) Notwithstanding any other provision of law, a A local |
10 | | school council shall be established for each attendance
center |
11 | | within the school district , including public small schools |
12 | | within the district . Each local school council shall
consist |
13 | | of the following 12 voting members: the principal of the
|
14 | | attendance center, 2 teachers employed and assigned to perform |
15 | | the
majority of their employment duties at the attendance |
16 | | center, 6 parents of
students currently enrolled at the |
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1 | | attendance center, one employee of the school district |
2 | | employed and assigned to perform the majority of his or her |
3 | | employment duties at the attendance center who is not a |
4 | | teacher, and 2 community
residents. Neither the parents nor |
5 | | the community residents who serve as
members of the local |
6 | | school council shall be employees of the Board of
Education. |
7 | | In each secondary attendance center, the local school council
|
8 | | shall consist of 13 voting members -- the 12 voting members |
9 | | described above
and one full-time student member, appointed as |
10 | | provided in subsection
(m) below. In each attendance center |
11 | | enrolling students in 7th or 8th grade, one full-time student |
12 | | member shall be appointed as provided in subsection (m) of |
13 | | this Section.
In the event that the chief executive officer of |
14 | | the Chicago School Reform
Board of Trustees determines that a |
15 | | local school council is not carrying out
its financial duties |
16 | | effectively, the chief executive officer is authorized to
|
17 | | appoint a representative of the business community with |
18 | | experience in finance
and management
to serve as an advisor to |
19 | | the local school council for
the purpose of providing advice |
20 | | and assistance to the local school council on
fiscal matters.
|
21 | | The advisor shall have access to relevant financial records of |
22 | | the
local school council. The advisor may attend executive |
23 | | sessions.
The chief executive officer shall
issue a written |
24 | | policy defining the circumstances under which a local school
|
25 | | council is not carrying out its financial duties effectively.
|
26 | | (b) Within 7 days of January 11, 1991, the Mayor shall |
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1 | | appoint the
members and officers (a Chairperson who shall be a |
2 | | parent member and a
Secretary) of each local school council |
3 | | who shall hold their offices until
their successors shall be |
4 | | elected and qualified. Members so appointed shall
have all the |
5 | | powers and duties of local school councils as set forth in
this |
6 | | amendatory Act of 1991. The Mayor's appointments shall not |
7 | | require
approval by the City Council.
|
8 | | The membership of each local school council shall be |
9 | | encouraged to be
reflective of the racial and ethnic |
10 | | composition of the student population
of the attendance center |
11 | | served by the local school council.
|
12 | | (c) Beginning with the 1995-1996 school year and in every |
13 | | even-numbered
year thereafter, the Board shall set second |
14 | | semester Parent Report Card
Pick-up Day for Local School |
15 | | Council elections and may schedule elections at
year-round |
16 | | schools for the same dates as the remainder of the school |
17 | | system.
Elections shall be
conducted as provided herein by the |
18 | | Board of Education in consultation with
the local school |
19 | | council at each attendance center. |
20 | | (c-5) Notwithstanding subsection (c), for the local school |
21 | | council election set for the 2019-2020 school year, the Board |
22 | | may hold the election on the first semester Parent Report Card |
23 | | Pick-up Day of the 2020-2021 school year, making any necessary |
24 | | modifications to the election process or date to comply with |
25 | | guidance from the Department of Public Health and the federal |
26 | | Centers for Disease Control and Prevention. The terms of |
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1 | | office of all local school council members eligible to serve |
2 | | and seated on or after March 23, 2020 through January 10, 2021 |
3 | | are extended through January 10, 2021, provided that the |
4 | | members continue to meet eligibility requirements for local |
5 | | school council membership.
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6 | | (d) Beginning with the 1995-96 school year, the following
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7 | | procedures shall apply to the election of local school council |
8 | | members at each
attendance center:
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9 | | (i) The elected members of each local school council |
10 | | shall consist of
the 6 parent members and the 2 community |
11 | | resident members.
|
12 | | (ii) Each elected member shall be elected by the |
13 | | eligible voters of
that attendance center to serve for a |
14 | | two-year term
commencing on July 1
immediately following |
15 | | the election described in subsection
(c), except that the |
16 | | terms of members elected to a local school council under |
17 | | subsection (c-5) shall commence on January 11, 2021 and |
18 | | end on July 1, 2022. Eligible
voters for each attendance |
19 | | center shall consist of the parents and community
|
20 | | residents for that attendance center.
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21 | | (iii) Each eligible voter shall be entitled
to cast |
22 | | one vote for up to
a total of 5 candidates, irrespective of |
23 | | whether such candidates are parent
or community resident |
24 | | candidates.
|
25 | | (iv) Each parent voter shall be entitled to vote in |
26 | | the local
school
council election at each attendance |
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1 | | center in which he or she has a child
currently enrolled. |
2 | | Each community resident voter shall be entitled to
vote in |
3 | | the local school council election at each attendance |
4 | | center for
which he or she resides in the applicable |
5 | | attendance area or voting
district, as the case may be.
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6 | | (v) Each eligible voter shall be entitled to vote |
7 | | once, but
not more
than once, in the local school council |
8 | | election at each attendance center
at which the voter is |
9 | | eligible to vote.
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10 | | (vi) The 2 teacher members and the non-teacher |
11 | | employee member of each local school council
shall be
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12 | | appointed as provided in subsection (l) below each to |
13 | | serve for a
two-year
term coinciding with that of the |
14 | | elected parent and community resident
members. From March |
15 | | 23, 2020 through January 10, 2021, the chief executive |
16 | | officer or his or her designee may make accommodations to |
17 | | fill the vacancy of a teacher or non-teacher employee |
18 | | member of a local school council.
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19 | | (vii) At secondary attendance centers and attendance |
20 | | centers enrolling students in 7th or 8th grade , the voting |
21 | | student
member shall
be appointed as provided in |
22 | | subsection (m) below to serve
for a one-year term |
23 | | coinciding with the beginning of the terms of the elected
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24 | | parent and community members of the local school council. |
25 | | For the 2020-2021 school year, the chief executive officer |
26 | | or his or her designee may make accommodations to fill the |
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1 | | vacancy of a student member of a local school council.
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2 | | (e) The Council shall publicize the date and place of the |
3 | | election by
posting notices at the attendance center, in |
4 | | public places within the
attendance boundaries of the |
5 | | attendance center and by distributing notices
to the pupils at |
6 | | the attendance center, and shall utilize such other means
as |
7 | | it deems necessary to maximize the involvement of all eligible |
8 | | voters.
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9 | | (f) Nomination. The Council shall publicize the opening of |
10 | | nominations
by posting notices at the attendance center, in |
11 | | public places within the
attendance boundaries of the |
12 | | attendance center and by distributing notices
to the pupils at |
13 | | the attendance center, and shall utilize such other means
as |
14 | | it deems necessary to maximize the involvement of all eligible |
15 | | voters.
Not less than 2 weeks before the election date, |
16 | | persons eligible to run for
the Council shall submit their |
17 | | name,
date of birth, social
security number, if
available,
and |
18 | | some evidence of eligibility
to the Council. The Council shall |
19 | | encourage nomination of candidates
reflecting the |
20 | | racial/ethnic population of the students at the attendance
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21 | | center. Each person nominated who runs as a candidate shall |
22 | | disclose, in a
manner determined by the Board, any economic |
23 | | interest held by such person,
by such person's spouse or |
24 | | children, or by each business entity in which
such person has |
25 | | an ownership interest, in any contract with the Board, any
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26 | | local school council or any public school in the school
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1 | | district.
Each person
nominated who runs as a candidate shall |
2 | | also disclose, in a manner determined
by the Board, if he or |
3 | | she ever has been convicted of any of the offenses
specified in |
4 | | subsection (c) of Section 34-18.5; provided that neither this
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5 | | provision nor any other provision of this Section shall be |
6 | | deemed to require
the disclosure of any information that is |
7 | | contained in any law enforcement
record or juvenile court |
8 | | record that is confidential or whose accessibility or
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9 | | disclosure is restricted or prohibited under Section 5-901 or
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10 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such |
11 | | disclosure shall render a person ineligible
for election or to |
12 | | serve on the local school council. The same
disclosure shall |
13 | | be
required of persons under consideration for appointment to |
14 | | the Council
pursuant to subsections (l) and (m) of this |
15 | | Section.
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16 | | (f-5) Notwithstanding disclosure, a person who has been |
17 | | convicted of any
of
the
following offenses at any time shall be |
18 | | ineligible for election or appointment
to a local
school |
19 | | council and ineligible for appointment to a local school |
20 | | council
pursuant to
subsections (l) and (m) of this Section: |
21 | | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, |
22 | | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, |
23 | | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, |
24 | | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of |
25 | | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal |
26 | | Code of 2012, or (ii) any offense committed or attempted in any |
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1 | | other
state or
against the laws of the United States, which, if |
2 | | committed or attempted in this
State,
would have been |
3 | | punishable as one or more of the foregoing offenses.
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4 | | Notwithstanding
disclosure, a person who has been convicted of |
5 | | any of the following offenses
within the
10 years previous to |
6 | | the date of nomination or appointment shall be ineligible
for |
7 | | election or
appointment to a local school council:
(i) those |
8 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois |
9 | | Controlled
Substances Act or (ii) any
offense committed
or |
10 | | attempted in any other state or against the laws of the United |
11 | | States,
which, if
committed or attempted in this State, would |
12 | | have been punishable as one or more
of the
foregoing offenses.
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13 | | Immediately upon election or appointment, incoming local |
14 | | school
council members
shall be
required to undergo a criminal |
15 | | background investigation, to be completed prior
to the member |
16 | | taking office,
in order to identify
any criminal convictions |
17 | | under the offenses enumerated in Section 34-18.5.
The |
18 | | investigation shall be conducted by the Department of State |
19 | | Police in the
same manner as provided for in Section 34-18.5. |
20 | | However, notwithstanding
Section 34-18.5, the social security |
21 | | number shall be provided only if
available.
If it is |
22 | | determined at any time that a local school council member or
|
23 | | member-elect has been convicted
of any of the offenses |
24 | | enumerated in this Section or failed to disclose a
conviction |
25 | | of any of the offenses enumerated in Section 34-18.5, the |
26 | | general
superintendent shall notify the local school council |
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1 | | member or member-elect of
such
determination and the local |
2 | | school council member or member-elect shall be
removed from |
3 | | the
local school council by the Board, subject to a hearing,
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4 | | convened pursuant to Board rule, prior to removal.
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5 | | (g) At least one week before the election date, the |
6 | | Council shall
publicize, in the manner provided in subsection |
7 | | (e), the names of persons
nominated for election.
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8 | | (h) Voting shall be in person by secret ballot at the |
9 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
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10 | | (i) Candidates receiving the highest number of votes shall |
11 | | be declared
elected by the Council. In cases of a tie, the |
12 | | Council shall determine the
winner by lot.
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13 | | (j) The Council shall certify the results of the election |
14 | | and shall
publish the results in the minutes of the Council.
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15 | | (k) The general superintendent shall resolve any
disputes
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16 | | concerning election procedure or results and shall ensure |
17 | | that, except as
provided in subsections (e) and (g), no |
18 | | resources of any attendance center
shall be used to endorse or |
19 | | promote any candidate.
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20 | | (l) In Beginning with the 1995-1996 school year and in |
21 | | every
even numbered
year thereafter , the Board shall appoint 2 |
22 | | teacher
members to each
local school council. These |
23 | | appointments shall be made in the following
manner:
|
24 | | (i) The Board shall appoint 2 teachers who are
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25 | | employed and assigned to
perform the majority of
their |
26 | | employment duties at the attendance center
to serve on the |
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1 | | local school council of the attendance center for a |
2 | | two-year
term coinciding with the terms of the elected |
3 | | parent and
community members of that local school council. |
4 | | These
appointments shall be made from among those teachers |
5 | | who are nominated in
accordance with subsection (f).
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6 | | (ii) A non-binding, advisory poll to ascertain the
|
7 | | preferences of the
school staff regarding appointments of |
8 | | teachers to the local school council
for that attendance |
9 | | center shall be conducted in accordance with the
|
10 | | procedures used to elect parent and community Council |
11 | | representatives. At
such poll, each member of the school |
12 | | staff shall be entitled to indicate
his or her preference |
13 | | for up to 2 candidates from among those who submitted
|
14 | | statements of candidacy as described above. These |
15 | | preferences shall be
advisory only and the Board shall |
16 | | maintain absolute discretion to appoint
teacher members to |
17 | | local school councils, irrespective of the preferences
|
18 | | expressed in any such poll. Prior to the appointment of |
19 | | teacher members to local school councils, the Board shall |
20 | | make public the vetting process of teacher candidates. Any |
21 | | member of the school community shall be allowed to make an |
22 | | inquiry to the Board to determine if the Board may |
23 | | challenge a teacher's candidacy.
|
24 | | (iii) In the event that a teacher representative is |
25 | | unable to perform
his or her employment duties at the |
26 | | school due to illness, disability, leave of
absence, |
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1 | | disciplinary action, or any other reason, the Board shall |
2 | | declare
a temporary vacancy and appoint a replacement |
3 | | teacher representative to serve
on the local school |
4 | | council until such time as the teacher member originally
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5 | | appointed pursuant to this subsection (l) resumes service |
6 | | at the attendance
center or for the remainder of the term. |
7 | | The replacement teacher
representative shall be appointed |
8 | | in the same manner and by the same procedures
as teacher |
9 | | representatives are appointed in subdivisions (i) and (ii) |
10 | | of this
subsection (l).
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11 | | (m) In Beginning with the 1995-1996 school year, and in |
12 | | every
school year thereafter , the Board shall appoint one |
13 | | student member to each
secondary attendance center and |
14 | | attendance center enrolling students in 7th or 8th grade, |
15 | | although no attendance center shall have more than one student |
16 | | member . The Board may establish criteria for students to be |
17 | | considered eligible to serve as a student member. These |
18 | | appointments shall be made in the
following manner:
|
19 | | (i) Appointments shall be made from among those |
20 | | students who submit
statements of candidacy to the |
21 | | principal of the attendance center, such
statements to be |
22 | | submitted commencing on the first day of the twentieth
|
23 | | week of school and
continuing for 2 weeks thereafter. The |
24 | | form and manner of such candidacy
statements shall be |
25 | | determined by the Board.
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26 | | (ii) During the twenty-second week of school in every |
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1 | | year,
the principal of
each attendance center shall |
2 | | conduct a binding election a non-binding, advisory poll to
|
3 | | ascertain the preferences of the school students regarding |
4 | | the appointment
of a student to the local school council |
5 | | for that attendance center. At
such election poll , each |
6 | | student shall be entitled to indicate his or her |
7 | | preference
for up to one candidate from among those who |
8 | | submitted statements of
candidacy as described above. The |
9 | | Board shall promulgate rules to ensure
that these |
10 | | elections non-binding, advisory polls are conducted in a |
11 | | fair and
equitable manner and maximize the involvement of |
12 | | all school students. The
preferences expressed in these |
13 | | elections non-binding, advisory polls shall be
transmitted |
14 | | by the principal to the Board. These However, these |
15 | | preferences
shall be binding on the Board advisory only |
16 | | and the Board shall maintain absolute discretion to
|
17 | | appoint student members to local school councils, |
18 | | irrespective of the
preferences expressed in any such |
19 | | poll .
|
20 | | (iii) (Blank). For the 1995-96 school year only, |
21 | | appointments shall be made from
among those students who |
22 | | submitted statements of candidacy to the principal
of the |
23 | | attendance center during the first 2 weeks of the school |
24 | | year.
The
principal shall communicate the results of any |
25 | | nonbinding, advisory poll to the
Board. These results |
26 | | shall be advisory only, and the Board shall maintain
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1 | | absolute discretion to appoint student members to local |
2 | | school councils,
irrespective of the preferences expressed |
3 | | in any such poll.
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4 | | (n) The Board may promulgate such other rules and |
5 | | regulations for
election procedures as may be deemed necessary |
6 | | to ensure fair elections.
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7 | | (o) In the event that a vacancy occurs during a member's |
8 | | term, the
Council shall appoint a person eligible to serve on |
9 | | the Council, to fill
the unexpired term created by the |
10 | | vacancy, except that any teacher vacancy
shall be filled by |
11 | | the Board after considering the preferences of the school
|
12 | | staff as ascertained through a non-binding advisory poll of |
13 | | school staff.
|
14 | | (p) If less than the specified number of persons is |
15 | | elected within each
candidate category, the newly elected |
16 | | local school council shall appoint
eligible persons to serve |
17 | | as members of the Council for two-year terms.
|
18 | | (q) The Board shall promulgate rules regarding conflicts |
19 | | of interest
and disclosure of economic interests which shall |
20 | | apply to local school
council members and which shall require |
21 | | reports or statements to be filed
by Council members at |
22 | | regular intervals with the Secretary of the
Board. Failure to |
23 | | comply with such rules
or intentionally falsifying such |
24 | | reports shall be grounds for
disqualification from local |
25 | | school council membership. A vacancy on the
Council for |
26 | | disqualification may be so declared by the Secretary of the
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1 | | Board. Rules regarding conflicts of interest and disclosure of
|
2 | | economic interests promulgated by the Board shall apply to |
3 | | local school council
members. No less than 45 days prior to the |
4 | | deadline, the general
superintendent shall provide notice, by |
5 | | mail, to each local school council
member of all requirements |
6 | | and forms for compliance with economic interest
statements.
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7 | | (r) (1) If a parent member of a local school council ceases |
8 | | to have any
child
enrolled in the attendance center governed |
9 | | by the Local School Council due to
the graduation or voluntary |
10 | | transfer of a child or children from the attendance
center, |
11 | | the parent's membership on the Local School Council and all |
12 | | voting
rights are terminated immediately as of the date of the |
13 | | child's graduation or
voluntary transfer. If the child of a |
14 | | parent member of a local school council dies during the |
15 | | member's term in office, the member may continue to serve on |
16 | | the local school council for the balance of his or her term. |
17 | | Further,
a local school council member may be removed from the |
18 | | Council by a
majority vote of the Council as provided in |
19 | | subsection (c) of Section
34-2.2 if the Council member has |
20 | | missed 3 consecutive regular meetings, not
including committee |
21 | | meetings, or 5 regular meetings in a 12 month period,
not |
22 | | including committee meetings.
If a parent member of a local |
23 | | school council ceases to be eligible to serve
on the Council |
24 | | for any other reason, he or she shall be removed by the Board
|
25 | | subject
to a hearing, convened pursuant to Board rule, prior |
26 | | to removal.
A vote to remove a Council member by the local |
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1 | | school council shall
only be valid if the Council member has |
2 | | been notified personally or by
certified mail, mailed to the |
3 | | person's last known address, of the Council's
intent to vote |
4 | | on the Council member's removal at least 7 days prior to the
|
5 | | vote. The Council member in question shall have the right to |
6 | | explain
his or her actions and shall be eligible to vote on the
|
7 | | question of his or her removal from the Council. The |
8 | | provisions of this
subsection shall be contained within the |
9 | | petitions used to nominate Council
candidates.
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10 | | (2) A person may continue to serve as a community resident |
11 | | member of a
local
school council as long as he or she resides |
12 | | in the attendance area served by
the
school and is not employed |
13 | | by the Board nor is a parent of a student enrolled
at the |
14 | | school. If a community resident member ceases to be eligible |
15 | | to serve
on the Council, he or she shall be removed by the |
16 | | Board subject to a hearing,
convened pursuant to Board rule, |
17 | | prior to removal.
|
18 | | (3) A person may continue to serve as a teacher member of a |
19 | | local school
council as long as he or she is employed and |
20 | | assigned to perform a majority of
his or her duties at the |
21 | | school, provided that if the teacher representative
resigns |
22 | | from employment with the Board or
voluntarily transfers to |
23 | | another school, the teacher's membership on the local
school |
24 | | council and all voting rights are terminated immediately as of |
25 | | the date
of the teacher's resignation or upon the date of the |
26 | | teacher's voluntary
transfer to another school. If a teacher |
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1 | | member of a local school council
ceases to be eligible to serve |
2 | | on a local school council for any other reason,
that member |
3 | | shall be removed by the Board subject to a hearing, convened
|
4 | | pursuant to Board rule, prior to removal. |
5 | | (s) As used in this Section only, "community resident" |
6 | | means a person, 17 years of age or older, residing within an |
7 | | attendance area served by a school, excluding any person who |
8 | | is a parent of a student enrolled in that school; provided that |
9 | | with respect to any multi-area school, community resident |
10 | | means any person, 17 years of age or older, residing within the |
11 | | voting district established for that school pursuant to |
12 | | Section 34-2.1c, excluding any person who is a parent of a |
13 | | student enrolled in that school. This definition does not |
14 | | apply to any provisions concerning school boards.
|
15 | | (Source: P.A. 101-643, eff. 6-18-20.)
|
16 | | (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
|
17 | | Sec. 34-2.2. Local school councils - Manner of operation.
|
18 | | (a) The annual organizational meeting of each local school |
19 | | council
shall be held at the attendance center or via |
20 | | videoconference or teleconference if guidance from the |
21 | | Department of Public Health or Centers for Disease Control and |
22 | | Prevention limits the size of in-person meetings at the time |
23 | | of the meeting. At the annual organization meeting,
which |
24 | | shall be held no sooner than July 1 and no later than July 14, |
25 | | a parent
member of the local school council shall be selected |
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1 | | by the members of such
council as its chairperson, and a |
2 | | secretary shall be selected by the members of
such council |
3 | | from among their number, each to serve a term of one year.
|
4 | | However, an organizational meeting held by members elected to |
5 | | a local school council under subsection (c-5) of Section |
6 | | 34-2.1 may be held no sooner than January 11, 2021 and no later |
7 | | than January 31, 2021. Whenever a vacancy in the office of |
8 | | chairperson or secretary of a local school
council shall |
9 | | occur, a new chairperson (who shall be a parent member) or
|
10 | | secretary, as the case may be, shall be elected by the members |
11 | | of the local
school council from among their number to serve as |
12 | | such
chairperson or secretary for the unexpired term of office |
13 | | in which the
vacancy occurs. At each annual organizational |
14 | | meeting, the time and
place of any regular meetings of the |
15 | | local school council shall be fixed.
Special meetings of the |
16 | | local school council may be called by the
chairperson or by any |
17 | | 4 members by giving notice thereof in writing,
specifying the |
18 | | time, place and purpose of the meeting. Public notice of
|
19 | | meetings shall also be given in accordance with the Open |
20 | | Meetings Act.
|
21 | | (b) Members and officers of the local school council shall |
22 | | serve
without compensation and without reimbursement of any |
23 | | expenses incurred in
the performance of their duties, except |
24 | | that the board of education may by
rule establish a procedure |
25 | | and thereunder provide for reimbursement of
members and |
26 | | officers of local school councils for such of their reasonable
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1 | | and necessary expenses (excluding any lodging or meal |
2 | | expenses) incurred in
the performance of their duties as the |
3 | | board may deem appropriate.
|
4 | | (c) A majority of the full membership of the local school |
5 | | council
shall constitute a quorum, and whenever a vote is |
6 | | taken on any measure
before the local school council, a quorum |
7 | | being present, the affirmative
vote of a majority of the votes |
8 | | of the full membership then serving of the
local school |
9 | | council shall determine the outcome thereof; provided that
|
10 | | whenever the measure before the local school council is (i) |
11 | | the evaluation
of the principal, or (ii) the renewal of his or |
12 | | her performance contract or
the inclusion of any provision or |
13 | | modification of the contract, or (iii)
the direct selection by |
14 | | the local school council of a new principal
(including
a new |
15 | | principal to fill a vacancy) to serve under a 4 year |
16 | | performance
contract, or (iv) the determination of the names |
17 | | of candidates to be submitted
to the general superintendent |
18 | | for the position of
principal, the
principal and
student |
19 | | member of a high school council shall not be counted for |
20 | | purposes of
determining whether a quorum is present to act on |
21 | | the measure and shall have no
vote thereon; and provided |
22 | | further that 7 affirmative votes of the local school
council |
23 | | shall be required for the direct selection by the local school
|
24 | | council
of a new principal
to serve under a 4 year performance |
25 | | contract but not for the renewal of a
principal's performance |
26 | | contract.
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1 | | (d) Student members of high school councils shall not be |
2 | | eligible
to vote on personnel matters, including but not |
3 | | limited to principal
evaluations and contracts and the |
4 | | allocation of teaching and staff resources.
|
5 | | (e) The local school council of an attendance center which |
6 | | provides
bilingual education shall be encouraged to provide |
7 | | translators at each
council meeting to maximize participation |
8 | | of parents and the community.
|
9 | | (f) Each local school council of an attendance center |
10 | | which provides
bilingual education shall create a Bilingual |
11 | | Advisory Committee or
recognize an existing Bilingual Advisory |
12 | | Committee as a standing committee.
The Chair and a majority of |
13 | | the members of the advisory committee shall be
parents of |
14 | | students in the bilingual education program. The parents on |
15 | | the
advisory committee shall be selected by parents of |
16 | | students in the
bilingual education program, and the committee |
17 | | shall select a Chair. The
advisory committee for each |
18 | | secondary attendance center shall include at
least one |
19 | | full-time bilingual education student. The Bilingual Advisory
|
20 | | Committee shall serve only in an advisory capacity to the |
21 | | local school council.
|
22 | | (g) Local school councils may utilize the services of an |
23 | | arbitration
board to resolve intra-council disputes.
|
24 | | (Source: P.A. 101-643, eff. 6-18-20.)
|
25 | | (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
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1 | | Sec. 34-2.4b. Limitation upon applicability. |
2 | | (a) The provisions of
Sections 34-2.1, 34-2.2, 34-2.3, |
3 | | 34-2.3a, 34-2.4 and 34-8.3 , and
those provisions of paragraph |
4 | | 1 of Section 34-18 and paragraph (c) of
Section 34A-201a |
5 | | relating to the allocation or application -- by formula or
|
6 | | otherwise -- of lump sum amounts and other funds to attendance |
7 | | centers ,
shall not apply to attendance centers that have |
8 | | applied for and
been designated as a "Small School" by the |
9 | | Board except for the schools listed in subsection (b) , the
|
10 | | Cook County Juvenile Detention Center and Cook
County Jail |
11 | | schools, nor to the district's alternative schools for |
12 | | pregnant
girls, nor to alternative schools established under |
13 | | Article 13A, nor to a contract school,
nor to the
Michael R. |
14 | | Durso School, the Jackson Adult Center, the Hillard Adult
|
15 | | Center, the Alternative Transitional School, or any other |
16 | | attendance
center designated by the Board as an alternative |
17 | | school, provided that the
designation is not applied to an |
18 | | attendance center that has in place a legally
constituted |
19 | | local school council, except for contract turnaround schools |
20 | | other than the schools listed in subsection (b) . The board of |
21 | | education shall have and
exercise with respect to those |
22 | | schools and with respect to the conduct,
operation, affairs |
23 | | and budgets of those schools, and with respect to the
|
24 | | principals, teachers and other school staff there employed, |
25 | | the same powers
which are exercisable by local school councils |
26 | | with respect to the other
attendance centers, principals, |
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1 | | teachers and school staff within the
district, together with |
2 | | all powers and duties generally exercisable by the
board of |
3 | | education with respect to all attendance centers within the
|
4 | | district. The board of education shall develop appropriate |
5 | | alternative
methods for involving parents, community members |
6 | | and school staff to the
maximum extent possible in all of the |
7 | | activities of those schools, and may
delegate to the parents, |
8 | | community members and school staff so involved the
same powers |
9 | | which are exercisable by local school councils with respect to
|
10 | | other attendance centers.
|
11 | | (b) The provisions of subsection (a) do not apply to the |
12 | | following schools: |
13 | | (1) Telpochcalli. |
14 | | (2) Ariel. |
15 | | (3) Raby High School. |
16 | | (4) Williams High School. |
17 | | (5) Bronzeville High School. |
18 | | (6) Infinity High School. |
19 | | (7) Multicultural High School. |
20 | | (8) Orr High School. |
21 | | (9) Lindblom High School. |
22 | | (10) World Language High School. |
23 | | (11) Uplift High School. |
24 | | (12) Tarkington. |
25 | | (13) Suder. |
26 | | (14) Frazier Prospective. |
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1 | | (Source: P.A. 96-105, eff. 7-30-09.)
|
2 | | (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
|
3 | | Sec. 34-8.3. Remediation and probation of attendance |
4 | | centers.
|
5 | | (a) The general superintendent shall monitor the
|
6 | | performance of the
attendance centers within the district and |
7 | | shall
identify
attendance centers, pursuant to criteria that |
8 | | the board shall establish,
in which:
|
9 | | (1) there is a failure to develop,
implement,
or |
10 | | comply with a school improvement plan;
|
11 | | (2) there is a pervasive breakdown in the educational |
12 | | program as
indicated by factors, including, but not |
13 | | limited to, the absence of improvement
in student reading |
14 | | and math achievement scores, an increased drop-out rate, a
|
15 | | decreased graduation rate, and a decrease in rate of |
16 | | student attendance;
|
17 | | (3) (blank); or
|
18 | | (4) there is a failure or refusal to
comply with the |
19 | | provisions of this
Act, other applicable laws, collective |
20 | | bargaining agreements, court orders,
or with Board rules |
21 | | which the Board is authorized to promulgate.
|
22 | | (b) If the general superintendent identifies a
|
23 | | nonperforming school
as described herein, he or she shall |
24 | | place the attendance center on
remediation by developing a |
25 | | remediation plan for the center. The purpose
of the |
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1 | | remediation plan shall be to correct the deficiencies in the
|
2 | | performance of the attendance center by one or more of the |
3 | | following methods:
|
4 | | (1) drafting a new school improvement plan;
|
5 | | (2) applying to the board for additional funding for |
6 | | training for the
local school council;
|
7 | | (3) directing implementation of a school improvement |
8 | | plan;
|
9 | | (4) mediating disputes or other obstacles to reform or |
10 | | improvement at
the attendance center.
|
11 | | Nothing in this Section removes any authority of the local |
12 | | school council, which shall retain the right to reject or |
13 | | modify any school improvement plan or implementation thereof, |
14 | | as long as it is consistent with State and federal |
15 | | requirements. |
16 | | If, however, the general superintendent determines that
|
17 | | the problems
are not able to be remediated by these methods, |
18 | | the
general superintendent shall place the attendance center |
19 | | on probation.
The board shall establish guidelines that |
20 | | determine the factors for placing
an attendance center on |
21 | | probation.
|
22 | | (c) Each
school placed on probation shall have a school |
23 | | improvement plan
and school budget for correcting deficiencies |
24 | | identified
by the board . The plan shall
include specific steps |
25 | | that the local school council and school staff must
take to |
26 | | correct identified deficiencies and specific objective |
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1 | | criteria
by which the
school's subsequent progress will be |
2 | | determined.
The school budget shall include specific |
3 | | expenditures directly calculated to
correct educational and |
4 | | operational deficiencies identified at the school by
the |
5 | | probation team.
|
6 | | (d) Schools placed on probation that, after a maximum of |
7 | | one year, fail
to make
adequate progress in correcting |
8 | | deficiencies are subject to the following actions
by the |
9 | | general superintendent with the approval of the board, after
|
10 | | opportunity for a hearing:
|
11 | | (1) (Blank). Ordering new local school council |
12 | | elections.
|
13 | | (2) Removing and replacing the principal.
|
14 | | (3) Replacement of faculty members, subject to the |
15 | | provisions
of
Section 24A-5.
|
16 | | (4) Reconstitution of the attendance center and |
17 | | replacement and
reassignment by the general superintendent |
18 | | of all employees of the attendance
center.
|
19 | | (5) Intervention under Section 34-8.4.
|
20 | | (5.5) Operating an attendance center as a contract |
21 | | turnaround school.
|
22 | | (6) Closing of the school.
|
23 | | (e) Schools placed on probation shall remain on probation |
24 | | from year to
year until deficiencies are corrected, even if |
25 | | such schools make acceptable
annual progress.
The board shall |
26 | | establish, in writing, criteria for determining whether or
not |
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1 | | a school shall remain on probation. If academic achievement |
2 | | tests are used
as the factor for placing a school on probation, |
3 | | the general superintendent
shall consider objective criteria, |
4 | | not just an increase in test scores, in
deciding whether or not |
5 | | a school shall remain on probation. These criteria
shall |
6 | | include attendance, test scores, student mobility rates, |
7 | | poverty rates,
bilingual education eligibility, special |
8 | | education, and English language
proficiency programs, with |
9 | | progress made in these areas being taken into
consideration in |
10 | | deciding whether or not a school shall remain on probation. |
11 | | Such criteria shall be delivered to each local school council |
12 | | on or before August 1 of each year. |
13 | | (e-5) Notwithstanding any other provision of this Section |
14 | | to the contrary, a school that has been on probation for 5 |
15 | | years or more shall have the following powers restored to its |
16 | | local school council:
|
17 | | (1) to grant approval of the school improvement plan; |
18 | | and |
19 | | (2) to approve the school budget. |
20 | | With respect to the employment, dismissal, and evaluation |
21 | | of a school principal, the local school council of a school |
22 | | that has been on probation for 5 years or more shall conduct a |
23 | | non-binding poll that must be considered by the network chief. |
24 | | The network chief shall work collaboratively with the local |
25 | | school council throughout the process. |
26 | | (f) Where the board
has reason to believe that violations |
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1 | | of
civil rights, or of civil or criminal law have occurred, or |
2 | | when the general
superintendent deems that the school is in |
3 | | educational crisis it may take
immediate corrective action, |
4 | | including the actions specified in this Section,
without first |
5 | | placing the school on remediation or probation. Nothing
|
6 | | described herein shall limit the authority of the board as |
7 | | provided by any law
of this State. The board shall
develop |
8 | | criteria governing the determination regarding when a school |
9 | | is in
educational crisis. Such criteria shall be delivered to |
10 | | each local school council on or before August 1 of each year.
|
11 | | (g) All persons serving as subdistrict superintendent on |
12 | | May 1, 1995 shall
be deemed by operation of law to be serving |
13 | | under a performance contract which
expires on June 30, 1995, |
14 | | and the employment of each such person as subdistrict
|
15 | | superintendent shall terminate on June 30, 1995. The board |
16 | | shall have no
obligation to compensate any such person as a |
17 | | subdistrict superintendent after
June 30, 1995.
|
18 | | (h) The general superintendent shall, in
consultation with |
19 | | local
school councils, conduct an annual evaluation of each |
20 | | principal in the
district pursuant to guidelines promulgated |
21 | | by the Board of
Education.
|
22 | | (Source: P.A. 96-105, eff. 7-30-09.)
|
23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.".
|