HB5374 103RD GENERAL ASSEMBLY

LRB103 37520 RJT 67643 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5374

Introduced 2/9/2024, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

5 ILCS 120/7
105 ILCS 5/34-2.2	from Ch. 122, par. 34-2.2

Amends the Open Meetings Act. Provides if a public body is a local school council organized under the Chicago School District Article of the School Code, then subject to certain requirements, an open or closed meeting subject to the Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as specified conditions are met. Amends the School Code. Provides that at the organizational meeting, the local school council shall take a vote to determine if meetings shall be held in-person or remotely; however, a declaration by the Governor or Director of Public Health limiting the size of or prohibiting an in-person meeting shall supersede a local school council's vote to meet in-person.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Open Meetings Act is amended by changing Section 7 as follows:

(5 ILCS 120/7)

Sec. 7. Attendance by a means other than physical presence.

(a) If a quorum of the members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of: (i) personal illness or disability; (ii) employment purposes or the business of the public body; (iii) a family or other emergency; or (iv) unexpected childcare obligations. "Other means" is by video or audio conference.

(b) If a member wishes to attend a meeting by other means, the member must notify the recording secretary or clerk of the public body before the meeting unless advance notice is impractical.

(c) A majority of the public body may allow a member to attend a meeting by other means only in accordance with and to the extent allowed by rules adopted by the public body. The rules must conform to the requirements and restrictions of this Section, may further limit the extent to which attendance by other means is allowed, and may provide for the giving of additional notice to the public or further facilitate public access to meetings.

(d) The limitations of this Section shall not apply to (i) closed meetings of (A) public bodies with statewide jurisdiction, (B) Illinois library systems with jurisdiction over a specific geographic area of more than 4,500 square miles, (C) municipal transit districts with jurisdiction over a specific geographic area of more than 4,500 square miles, or (D) local workforce innovation areas with jurisdiction over a specific geographic area of more than 4,500 square miles or (ii) open or closed meetings of State advisory boards or bodies that do not have authority to make binding recommendations or determinations or to take any other substantive action. State advisory boards or bodies, public bodies with statewide jurisdiction, Illinois library systems with jurisdiction over a specific geographic area of more than 4,500 square miles, municipal transit districts with jurisdiction over a specific geographic area of more than 4,500 square miles, and local workforce investment areas with jurisdiction over a specific geographic area of more than 4,500 square miles, however, may permit members to attend meetings by other means only in accordance with and to the extent allowed by specific procedural rules adopted by the body. For the purposes of this Section, "local workforce innovation area" means any local workforce innovation area or areas designated by the Governor pursuant to the federal Workforce Innovation and Opportunity Act or its reauthorizing legislation.

(e) Subject to the requirements of Section 2.06 but notwithstanding any other provision of law, an open or closed meeting subject to this Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:

(1) the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns because of a disaster as defined in Section 4 of the Illinois Emergency Management Agency Act, and all or part of the jurisdiction of the public body is covered by the disaster area;

(2) the head of the public body as defined in subsection (e) of Section 2 of the Freedom of Information Act determines that an in-person meeting or a meeting conducted under this Act is not practical or prudent because of a disaster;

(3) all members of the body participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony;

(4) for open meetings, members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the disaster, including the issued disaster declaration, in which case the public body must make alternative arrangements and provide notice pursuant to this Section of such alternative arrangements in a manner to allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link;

(5) at least one member of the body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the disaster, including the issued disaster declaration; and

(6) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

(7) Except in the event of a bona fide emergency, 48 hours' notice shall be given of a meeting to be held pursuant to this Section. Notice shall be given to all members of the public body, shall be posted on the website of the public body, and shall also be provided to any news media who has requested notice of meetings pursuant to subsection (a) of Section 2.02 of this Act. If the public body declares a bona fide emergency:

(A) Notice shall be given pursuant to subsection (a) of Section 2.02 of this Act, and the presiding officer shall state the nature of the emergency at the beginning of the meeting.

(B) The public body must comply with the verbatim recording requirements set forth in Section 2.06 of this Act.

(8) Each member of the body participating in a meeting by audio or video conference for a meeting held pursuant to this Section is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

(9) In addition to the requirements for open meetings under Section 2.06, public bodies holding open meetings under this subsection (e) must also keep a verbatim record of all their meetings in the form of an audio or video recording. Verbatim records made under this paragraph (9) shall be made available to the public under, and are otherwise subject to, the provisions of Section 2.06.

(10) The public body shall bear all costs associated with compliance with this subsection (e).

(f) If a public body is a local school council organized under Article 34 of the School Code, then, subject to the requirements of Section 2.06 but notwithstanding any other provision of law, an open or closed meeting subject to this Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:

(1) All members of the body participating in the meeting, wherever their physical location, shall be verified and can hear one another and can hear all discussion and testimony.

(2) For open meetings, members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, and the public body must make alternative arrangements and provide notice pursuant to this Section of such alternative arrangements in a manner to allow any interested member of the public access to contemporaneously hear all discussion, testimony, and roll call votes, such as by offering a telephone number or a web-based link.

(3) All votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

(4) Except in the event of a bona fide emergency, 48 hours' notice shall be given of a meeting to be held pursuant to this Section. Notice shall be given to all members of the public body, shall be posted on the website of the public body, and shall also be provided to any news media who has requested notice of meetings pursuant to subsection (a) of Section 2.02 of this Act. If the public body declares a bona fide emergency:

(A) notice shall be given pursuant to subsection (a) of Section 2.02 of this Act, and the presiding officer shall state the nature of the emergency at the beginning of the meeting; and

(B) the public body must comply with the verbatim recording requirements set forth in Section 2.06 of this Act.

(5) Each member of the body participating in a meeting by audio or video conference for a meeting held pursuant to this Section is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

(6) In addition to the requirements for open meetings under Section 2.06, public bodies holding open meetings under this subsection (f) must also keep a verbatim record of all their meetings in the form of an audio or video recording. Verbatim records made under this paragraph (6) shall be made available to the public under, and are otherwise subject to, the provisions of Section 2.06.

(7) The public body shall bear all costs associated with compliance with this subsection (f).

(Source: P.A. 103-311, eff. 7-28-23.)

Section 10. The School Code is amended by changing Section 34-2.2 as follows:

(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)

Sec. 34-2.2. Local school councils; manner of operation.

(a) The annual organizational meeting of each local school council shall be held at the attendance center or via videoconference or teleconference if guidance from the Department of Public Health or Centers for Disease Control and Prevention limits the size of in-person meetings at the time of the meeting. At the annual organization meeting, which shall be held no sooner than July 1 and no later than July 14, a parent member of the local school council shall be selected by the members of such council as its chairperson, and a secretary shall be selected by the members of such council from among their number, each to serve a term of one year. At the organizational meeting, the local school council shall take a vote to determine if meetings shall be held in-person or remotely; however, a declaration by the Governor or State Director of Public Health limiting the size of or prohibiting an in-person meeting shall supersede a local school council's vote to meet in-person. However, an organizational meeting held by members elected to a local school council under subsection (c-5) of Section 34-2.1 may be held no sooner than January 11, 2021 and no later than January 31, 2021. Whenever a vacancy in the office of chairperson or secretary of a local school council shall occur, a new chairperson (who shall be a parent member) or secretary, as the case may be, shall be elected by the members of the local school council from among their number to serve as such chairperson or secretary for the unexpired term of office in which the vacancy occurs. At each annual organizational meeting, the time and place of any regular meetings of the local school council shall be fixed. Special meetings of the local school council may be called by the chairperson or by any 4 members from an attendance center enrolling students up to grade 8 or any 5 members from a secondary attendance center or an attendance center enrolling students in grades 7 through 12, by giving notice thereof in writing, specifying the time, place and purpose of the meeting. Public notice of meetings shall also be given in accordance with the Open Meetings Act.

(b) Members and officers of the local school council shall serve without compensation and without reimbursement of any expenses incurred in the performance of their duties, except that the board of education may by rule establish a procedure and thereunder provide for reimbursement of members and officers of local school councils for such of their reasonable and necessary expenses (excluding any lodging or meal expenses) incurred in the performance of their duties as the board may deem appropriate.

(c) A majority of the full membership of the local school council shall constitute a quorum, except as provided in subsection (c-5), and whenever a vote is taken on any measure before the local school council, a quorum being present, the affirmative vote of a majority of the votes of the full membership then serving of the local school council shall determine the outcome thereof; provided that whenever the measure before the local school council is (i) the evaluation of the principal, or (ii) the renewal of his or her performance contract or the inclusion of any provision or modification of the contract, or (iii) the direct selection by the local school council of a new principal (including a new principal to fill a vacancy) to serve under a 4 year performance contract, or (iv) the determination of the names of candidates to be submitted to the general superintendent for the position of principal, the principal and any student members of a local school council shall not be counted for purposes of determining whether a quorum is present to act on the measure and shall have no vote thereon; and provided further that 7 affirmative votes of the local school council shall be required for the direct selection by the local school council of a new principal to serve under a 4 year performance contract but not for the renewal of a principal's performance contract.

(c-5) If the number of members serving on a local school council at an attendance center enrolling students through the 8th grade falls below 7 members due to vacancies, then 4 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. If the number of members serving on a local school council at a secondary attendance center falls below 8 members due to vacancies, then 5 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. For such purposes, the affirmative vote of a majority of those present shall be required to fill a vacancy through appointment by the local school council.

(d) Student members shall not be eligible to vote on personnel matters, including but not limited to principal evaluations and contracts and the allocation of teaching and staff resources.

(e) The local school council of an attendance center which provides bilingual education shall be encouraged to provide translators at each council meeting to maximize participation of parents and the community.

(f) Each local school council of an attendance center which provides bilingual education shall create a Bilingual Advisory Committee or recognize an existing Bilingual Advisory Committee as a standing committee. The Chair and a majority of the members of the advisory committee shall be parents of students in the bilingual education program. The parents on the advisory committee shall be selected by parents of students in the bilingual education program, and the committee shall select a Chair. The advisory committee for each secondary attendance center shall include at least one full-time bilingual education student. The Bilingual Advisory Committee shall serve only in an advisory capacity to the local school council.

(g) Local school councils may utilize the services of an arbitration board to resolve intra-council disputes.

(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-296, eff. 8-6-21; 102-677, eff. 12-3-21.)