|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 34-2.1 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) A local school council shall be established for each | ||||||
10 | attendance
center within the school district. Each local school | ||||||
11 | council shall
consist of the following 12 11 voting members: | ||||||
12 | the principal of the
attendance center, 2 teachers employed and | ||||||
13 | assigned to perform the
majority of their employment duties at | ||||||
14 | the attendance center, 6 parents of
students currently enrolled | ||||||
15 | at the attendance center , one employee of the school district | ||||||
16 | employed and assigned to perform the majority of his or her | ||||||
17 | employment duties at the attendance center who is not a | ||||||
18 | teacher, and 2 community
residents. Neither the parents nor the | ||||||
19 | community residents who serve as
members of the local school | ||||||
20 | council shall be employees of the Board of
Education. In each | ||||||
21 | secondary attendance center, the local school council
shall | ||||||
22 | consist of 13 12 voting members -- the 12 11 voting members | ||||||
23 | described above
and one full-time student member, appointed as |
| |||||||
| |||||||
1 | provided in subsection
(m) below.
In the event that the chief | ||||||
2 | executive officer of the Chicago School Reform
Board of | ||||||
3 | Trustees determines that a local school council is not carrying | ||||||
4 | out
its financial duties effectively, the chief executive | ||||||
5 | officer is authorized to
appoint a representative of the | ||||||
6 | business community with experience in finance
and management
to | ||||||
7 | serve as an advisor to the local school council for
the purpose | ||||||
8 | of providing advice and assistance to the local school council | ||||||
9 | on
fiscal matters.
The advisor shall have access to relevant | ||||||
10 | financial records of the
local school council. The advisor may | ||||||
11 | attend executive sessions.
The chief executive officer shall
| ||||||
12 | issue a written policy defining the circumstances under which a | ||||||
13 | local school
council is not carrying out its financial duties | ||||||
14 | effectively.
| ||||||
15 | (b) Within 7 days of January 11, 1991, the Mayor shall | ||||||
16 | appoint the
members and officers (a Chairperson who shall be a | ||||||
17 | parent member and a
Secretary) of each local school council who | ||||||
18 | shall hold their offices until
their successors shall be | ||||||
19 | elected and qualified. Members so appointed shall
have all the | ||||||
20 | powers and duties of local school councils as set forth in
this | ||||||
21 | amendatory Act of 1991. The Mayor's appointments shall not | ||||||
22 | require
approval by the City Council.
| ||||||
23 | The membership of each local school council shall be | ||||||
24 | encouraged to be
reflective of the racial and ethnic | ||||||
25 | composition of the student population
of the attendance center | ||||||
26 | served by the local school council.
|
| |||||||
| |||||||
1 | (c) Beginning with the 1995-1996 school year and in every | ||||||
2 | even-numbered
year thereafter, the Board shall set second | ||||||
3 | semester Parent Report Card
Pick-up Day for Local School | ||||||
4 | Council elections and may schedule elections at
year-round | ||||||
5 | schools for the same dates as the remainder of the school | ||||||
6 | system.
Elections shall be
conducted as provided herein by the | ||||||
7 | Board of Education in consultation with
the local school | ||||||
8 | council at each attendance center.
| ||||||
9 | (d) Beginning with the 1995-96 school year, the following
| ||||||
10 | procedures shall apply to the election of local school council | ||||||
11 | members at each
attendance center:
| ||||||
12 | (i) The elected members of each local school council | ||||||
13 | shall consist of
the 6 parent members and the 2 community | ||||||
14 | resident members.
| ||||||
15 | (ii) Each elected member shall be elected by the | ||||||
16 | eligible voters of
that attendance center to serve for a | ||||||
17 | two-year term
commencing on July 1
immediately following | ||||||
18 | the election described in subsection
(c). Eligible
voters | ||||||
19 | for each attendance center shall consist of the parents and | ||||||
20 | community
residents for that attendance center.
| ||||||
21 | (iii) Each eligible voter shall be entitled
to cast one | ||||||
22 | 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 the | ||||||
26 | local
school
council election at each attendance center in |
| |||||||
| |||||||
1 | which he or she has a child
currently enrolled. Each | ||||||
2 | community resident voter shall be entitled to
vote in the | ||||||
3 | local school council election at each attendance center for
| ||||||
4 | which he or she resides in the applicable attendance area | ||||||
5 | or voting
district, as the case may be.
| ||||||
6 | (v) Each eligible voter shall be entitled to vote once, | ||||||
7 | 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.
| ||||||
10 | (vi) The 2 teacher members and the non-teacher employee | ||||||
11 | member of each local school council
shall be
appointed as | ||||||
12 | provided in subsection (l) below each to serve for a
| ||||||
13 | two-year
term coinciding with that of the elected parent | ||||||
14 | and community resident
members.
| ||||||
15 | (vii) At secondary attendance centers, the voting | ||||||
16 | student
member shall
be appointed as provided in subsection | ||||||
17 | (m) below to serve
for a one-year term coinciding with the | ||||||
18 | beginning of the terms of the elected
parent and community | ||||||
19 | members of the local school council.
| ||||||
20 | (e) The Council shall publicize the date and place of the | ||||||
21 | election by
posting notices at the attendance center, in public | ||||||
22 | places within the
attendance boundaries of the attendance | ||||||
23 | center and by distributing notices
to the pupils at the | ||||||
24 | attendance center, and shall utilize such other means
as it | ||||||
25 | deems necessary to maximize the involvement of all eligible | ||||||
26 | voters.
|
| |||||||
| |||||||
1 | (f) Nomination. The Council shall publicize the opening of | ||||||
2 | nominations
by posting notices at the attendance center, in | ||||||
3 | public places within the
attendance boundaries of the | ||||||
4 | attendance center and by distributing notices
to the pupils at | ||||||
5 | the attendance center, and shall utilize such other means
as it | ||||||
6 | deems necessary to maximize the involvement of all eligible | ||||||
7 | voters.
Not less than 2 weeks before the election date, persons | ||||||
8 | eligible to run for
the Council shall submit their name,
date | ||||||
9 | of birth, social
security number, if
available,
and some | ||||||
10 | evidence of eligibility
to the Council. The Council shall | ||||||
11 | encourage nomination of candidates
reflecting the | ||||||
12 | racial/ethnic population of the students at the attendance
| ||||||
13 | center. Each person nominated who runs as a candidate shall | ||||||
14 | disclose, in a
manner determined by the Board, any economic | ||||||
15 | interest held by such person,
by such person's spouse or | ||||||
16 | children, or by each business entity in which
such person has | ||||||
17 | an ownership interest, in any contract with the Board, any
| ||||||
18 | local school council or any public school in the school
| ||||||
19 | district.
Each person
nominated who runs as a candidate shall | ||||||
20 | also disclose, in a manner determined
by the Board, if he or | ||||||
21 | she ever has been convicted of any of the offenses
specified in | ||||||
22 | subsection (c) of Section 34-18.5; provided that neither this
| ||||||
23 | provision nor any other provision of this Section shall be | ||||||
24 | deemed to require
the disclosure of any information that is | ||||||
25 | contained in any law enforcement
record or juvenile court | ||||||
26 | record that is confidential or whose accessibility or
|
| |||||||
| |||||||
1 | disclosure is restricted or prohibited under Section 5-901 or
| ||||||
2 | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||||||
3 | disclosure shall render a person ineligible
for election or to | ||||||
4 | serve on the local school council. The same
disclosure shall be
| ||||||
5 | required of persons under consideration for appointment to the | ||||||
6 | Council
pursuant to subsections (l) and (m) of this Section.
| ||||||
7 | (f-5) Notwithstanding disclosure, a person who has been | ||||||
8 | convicted of any
of
the
following offenses at any time shall be | ||||||
9 | ineligible for election or appointment
to a local
school | ||||||
10 | council and ineligible for appointment to a local school | ||||||
11 | council
pursuant to
subsections (l) and (m) of this Section: | ||||||
12 | (i) those defined in Section 11-6,
11-9.1, 11-16,
11-17.1, | ||||||
13 | 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, | ||||||
14 | 12-15, or
12-16 of the
Criminal Code of 1961 or (ii) any | ||||||
15 | offense committed or attempted in any other
state or
against | ||||||
16 | the laws of the United States, which, if committed or attempted | ||||||
17 | in this
State,
would have been punishable as one or more of the | ||||||
18 | foregoing offenses.
Notwithstanding
disclosure, a person who | ||||||
19 | has been convicted of any of the following offenses
within the
| ||||||
20 | 10 years previous to the date of nomination or appointment | ||||||
21 | shall be ineligible
for election or
appointment to a local | ||||||
22 | school council:
(i) those defined in Section 401.1, 405.1, or | ||||||
23 | 405.2 of the Illinois Controlled
Substances Act or (ii) any
| ||||||
24 | offense committed
or attempted in any other state or against | ||||||
25 | the laws of the United States,
which, if
committed or attempted | ||||||
26 | in this State, would have been punishable as one or more
of the
|
| |||||||
| |||||||
1 | foregoing offenses.
| ||||||
2 | Immediately upon election or appointment, incoming local | ||||||
3 | school
council members
shall be
required to undergo a criminal | ||||||
4 | background investigation, to be completed prior
to the member | ||||||
5 | taking office,
in order to identify
any criminal convictions | ||||||
6 | under the offenses enumerated in Section 34-18.5.
The | ||||||
7 | investigation shall be conducted by the Department of State | ||||||
8 | Police in the
same manner as provided for in Section 34-18.5. | ||||||
9 | However, notwithstanding
Section 34-18.5, the social security | ||||||
10 | number shall be provided only if
available.
If it is determined | ||||||
11 | at any time that a local school council member or
member-elect | ||||||
12 | has been convicted
of any of the offenses enumerated in this | ||||||
13 | Section or failed to disclose a
conviction of any of the | ||||||
14 | offenses enumerated in Section 34-18.5, the general
| ||||||
15 | superintendent shall notify the local school council member or | ||||||
16 | member-elect of
such
determination and the local school council | ||||||
17 | member or member-elect shall be
removed from the
local school | ||||||
18 | council by the Board, subject to a hearing,
convened pursuant | ||||||
19 | to Board rule, prior to removal.
| ||||||
20 | (g) At least one week before the election date, the Council | ||||||
21 | shall
publicize, in the manner provided in subsection (e), the | ||||||
22 | names of persons
nominated for election.
| ||||||
23 | (h) Voting shall be in person by secret ballot at the | ||||||
24 | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||||||
25 | (i) Candidates receiving the highest number of votes shall | ||||||
26 | be declared
elected by the Council. In cases of a tie, the |
| |||||||
| |||||||
1 | Council shall determine the
winner by lot.
| ||||||
2 | (j) The Council shall certify the results of the election | ||||||
3 | and shall
publish the results in the minutes of the Council.
| ||||||
4 | (k) The general superintendent shall resolve any
disputes
| ||||||
5 | concerning election procedure or results and shall ensure that, | ||||||
6 | except as
provided in subsections (e) and (g), no resources of | ||||||
7 | any attendance center
shall be used to endorse or promote any | ||||||
8 | candidate.
| ||||||
9 | (l) Beginning with the 1995-1996 school year
and in every
| ||||||
10 | even numbered
year thereafter, the Board shall appoint 2 | ||||||
11 | teacher
members to each
local school council. These | ||||||
12 | appointments shall be made in the following
manner:
| ||||||
13 | (i) The Board shall appoint 2 teachers who are
employed | ||||||
14 | and assigned to
perform the majority of
their employment | ||||||
15 | duties at the attendance center
to serve on the local | ||||||
16 | school council of the attendance center for a two-year
term | ||||||
17 | coinciding with the terms of the elected parent and
| ||||||
18 | community members of that local school council. These
| ||||||
19 | appointments shall be made from among those teachers who | ||||||
20 | are nominated in
accordance with subsection (f).
| ||||||
21 | (ii) A non-binding, advisory poll to ascertain the
| ||||||
22 | preferences of the
school staff regarding appointments of | ||||||
23 | teachers to the local school council
for that attendance | ||||||
24 | center shall be conducted in accordance with the
procedures | ||||||
25 | used to elect parent and community Council | ||||||
26 | representatives. At
such poll, each member of the school |
| |||||||
| |||||||
1 | staff shall be entitled to indicate
his or her preference | ||||||
2 | for up to 2 candidates from among those who submitted
| ||||||
3 | statements of candidacy as described above. These | ||||||
4 | preferences shall be
advisory only and the Board shall | ||||||
5 | maintain absolute discretion to appoint
teacher members to | ||||||
6 | local school councils, irrespective of the preferences
| ||||||
7 | expressed in any such poll.
| ||||||
8 | (iii) In the event that a teacher representative is | ||||||
9 | unable to perform
his or her employment duties at the | ||||||
10 | school due to illness, disability, leave of
absence, | ||||||
11 | disciplinary action, or any other reason, the Board shall | ||||||
12 | declare
a temporary vacancy and appoint a replacement | ||||||
13 | teacher representative to serve
on the local school council | ||||||
14 | until such time as the teacher member originally
appointed | ||||||
15 | pursuant to this subsection (l) resumes service at the | ||||||
16 | attendance
center or for the remainder of the term. The | ||||||
17 | replacement teacher
representative shall be appointed in | ||||||
18 | the same manner and by the same procedures
as teacher | ||||||
19 | representatives are appointed in subdivisions (i) and (ii) | ||||||
20 | of this
subsection (l).
| ||||||
21 | (m) Beginning with the 1995-1996 school year, and in every
| ||||||
22 | year thereafter, the Board shall appoint one student member to | ||||||
23 | each
secondary attendance center. These appointments shall be | ||||||
24 | made in the
following manner:
| ||||||
25 | (i) Appointments shall be made from among those | ||||||
26 | students who submit
statements of candidacy to the |
| |||||||
| |||||||
1 | principal of the attendance center, such
statements to be | ||||||
2 | submitted commencing on the first day of the twentieth
week | ||||||
3 | of school and
continuing for 2 weeks thereafter. The form | ||||||
4 | and manner of such candidacy
statements shall be determined | ||||||
5 | by the Board.
| ||||||
6 | (ii) During the twenty-second week of school in every | ||||||
7 | year,
the principal of
each attendance center shall conduct | ||||||
8 | a non-binding, advisory poll to
ascertain the preferences | ||||||
9 | of the school students regarding the appointment
of a | ||||||
10 | student to the local school council for that attendance | ||||||
11 | center. At
such poll, each student shall be entitled to | ||||||
12 | indicate his or her preference
for up to one candidate from | ||||||
13 | among those who submitted statements of
candidacy as | ||||||
14 | described above. The Board shall promulgate rules to ensure
| ||||||
15 | that these non-binding, advisory polls are conducted in a | ||||||
16 | fair and
equitable manner and maximize the involvement of | ||||||
17 | all school students. The
preferences expressed in these | ||||||
18 | non-binding, advisory polls shall be
transmitted by the | ||||||
19 | principal to the Board. However, these preferences
shall be | ||||||
20 | advisory only and the Board shall maintain absolute | ||||||
21 | discretion to
appoint student members to local school | ||||||
22 | councils, irrespective of the
preferences expressed in any | ||||||
23 | such poll.
| ||||||
24 | (iii) For the 1995-96 school year only, appointments | ||||||
25 | shall be made from
among those students who submitted | ||||||
26 | statements of candidacy to the principal
of the attendance |
| |||||||
| |||||||
1 | center during the first 2 weeks of the school year.
The
| ||||||
2 | principal shall communicate the results of any nonbinding, | ||||||
3 | advisory poll to the
Board. These results shall be advisory | ||||||
4 | only, and the Board shall maintain
absolute discretion to | ||||||
5 | appoint student members to local school councils,
| ||||||
6 | irrespective of the preferences expressed in any such poll.
| ||||||
7 | (n) The Board may promulgate such other rules and | ||||||
8 | regulations for
election procedures as may be deemed necessary | ||||||
9 | to ensure fair elections.
| ||||||
10 | (o) In the event that a vacancy occurs during a member's | ||||||
11 | term, the
Council shall appoint a person eligible to serve on | ||||||
12 | the Council, to fill
the unexpired term created by the vacancy, | ||||||
13 | except that any teacher vacancy
shall be filled by the Board | ||||||
14 | after considering the preferences of the school
staff as | ||||||
15 | ascertained through a non-binding advisory poll of school | ||||||
16 | staff.
| ||||||
17 | (p) If less than the specified number of persons is elected | ||||||
18 | within each
candidate category, the newly elected local school | ||||||
19 | council shall appoint
eligible persons to serve as members of | ||||||
20 | the Council for two-year terms.
| ||||||
21 | (q) The Board shall promulgate rules regarding conflicts of | ||||||
22 | interest
and disclosure of economic interests which shall apply | ||||||
23 | to local school
council members and which shall require reports | ||||||
24 | or statements to be filed
by Council members at regular | ||||||
25 | intervals with the Secretary of the
Board. Failure to comply | ||||||
26 | with such rules
or intentionally falsifying such reports shall |
| |||||||
| |||||||
1 | be grounds for
disqualification from local school council | ||||||
2 | membership. A vacancy on the
Council for disqualification may | ||||||
3 | be so declared by the Secretary of the
Board. Rules regarding | ||||||
4 | conflicts of interest and disclosure of
economic interests | ||||||
5 | promulgated by the Board shall apply to local school council
| ||||||
6 | members. No less than 45 days prior to the deadline, the | ||||||
7 | general
superintendent shall provide notice, by mail, to each | ||||||
8 | local school council
member of all requirements and forms for | ||||||
9 | compliance with economic interest
statements.
| ||||||
10 | (r) (1) If a parent member of a local school council ceases | ||||||
11 | to have any
child
enrolled in the attendance center governed by | ||||||
12 | the Local School Council due to
the graduation or voluntary | ||||||
13 | transfer of a child or children from the attendance
center, the | ||||||
14 | parent's membership on the Local School Council and all voting
| ||||||
15 | rights are terminated immediately as of the date of the child's | ||||||
16 | graduation or
voluntary transfer. If the child of a parent | ||||||
17 | member of a local school council dies during the member's term | ||||||
18 | in office, the member may continue to serve on the local school | ||||||
19 | council for the balance of his or her term. Further,
a local | ||||||
20 | school council member may be removed from the Council by a
| ||||||
21 | majority vote of the Council as provided in subsection (c) of | ||||||
22 | Section
34-2.2 if the Council member has missed 3 consecutive | ||||||
23 | regular meetings, not
including committee meetings, or 5 | ||||||
24 | regular meetings in a 12 month period,
not including committee | ||||||
25 | meetings.
If a parent member of a local school council ceases | ||||||
26 | to be eligible to serve
on the Council for any other reason, he |
| |||||||
| |||||||
1 | or she shall be removed by the Board
subject
to a hearing, | ||||||
2 | convened pursuant to Board rule, prior to removal.
A vote to | ||||||
3 | remove a Council member by the local school council shall
only | ||||||
4 | be valid if the Council member has been notified personally or | ||||||
5 | by
certified mail, mailed to the person's last known address, | ||||||
6 | of the Council's
intent to vote on the Council member's removal | ||||||
7 | at least 7 days prior to the
vote. The Council member in | ||||||
8 | question shall have the right to explain
his or her actions and | ||||||
9 | shall be eligible to vote on the
question of his or her removal | ||||||
10 | from the Council. The provisions of this
subsection shall be | ||||||
11 | contained within the petitions used to nominate Council
| ||||||
12 | candidates.
| ||||||
13 | (2) A person may continue to serve as a community resident | ||||||
14 | member of a
local
school council as long as he or she resides | ||||||
15 | in the attendance area served by
the
school and is not employed | ||||||
16 | by the Board nor is a parent of a student enrolled
at the | ||||||
17 | school. If a community resident member ceases to be eligible to | ||||||
18 | serve
on the Council, he or she shall be removed by the Board | ||||||
19 | subject to a hearing,
convened pursuant to Board rule, prior to | ||||||
20 | removal.
| ||||||
21 | (3) A person may continue to serve as a teacher member of a | ||||||
22 | local school
council as long as he or she is employed and | ||||||
23 | assigned to perform a majority of
his or her duties at the | ||||||
24 | school, provided that if the teacher representative
resigns | ||||||
25 | from employment with the Board or
voluntarily transfers to | ||||||
26 | another school, the teacher's membership on the local
school |
| |||||||
| |||||||
1 | council and all voting rights are terminated immediately as of | ||||||
2 | the date
of the teacher's resignation or upon the date of the | ||||||
3 | teacher's voluntary
transfer to another school. If a teacher | ||||||
4 | member of a local school council
ceases to be eligible to serve | ||||||
5 | on a local school council for any other reason,
that member | ||||||
6 | shall be removed by the Board subject to a hearing, convened
| ||||||
7 | pursuant to Board rule, prior to removal.
| ||||||
8 | (Source: P.A. 95-1015, eff. 12-15-08.)
|