Illinois General Assembly - Full Text of SB1834
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1834  102nd General Assembly

SB1834 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1834

 

Introduced 2/26/2021, by Sen. Cristina H. Pacione-Zayas

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-5
105 ILCS 5/34-2.1  from Ch. 122, par. 34-2.1
105 ILCS 5/34-2.2  from Ch. 122, par. 34-2.2
105 ILCS 5/34-2.3  from Ch. 122, par. 34-2.3
105 ILCS 5/34-2.3b
105 ILCS 5/34-2.4b  from Ch. 122, par. 34-2.4b
105 ILCS 5/34-8.3  from Ch. 122, par. 34-8.3
105 ILCS 5/34-8.4

    Amends the School Code. Provides that a charter school operating within the City of Chicago shall be administered by a local school council. Provides that a local school council shall be established for each small school, contract school, and military school within the Chicago school district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. Requires a supermajority of 8 votes by the local school council to veto any action proposed or approved regarding certain schools placed on probation and intervention actions by the Chicago Schools Academic Accountability Council. Creates the LSC Certification Commission to provide fundamental training to members of local school councils and certify each member, and sets forth its composition. Sets forth a mandatory training program for local school council members. Provides that the LSC Certification Commission may request and, upon such request, the Chicago Board of Education shall budget and distribute such funds as are equal to the total allocations for the certification of local school council members in the year immediately prior. Makes other changes. Effective immediately.


LRB102 16105 CMG 21479 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1834LRB102 16105 CMG 21479 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-8.3, and
634-8.4 as follows:
 
7    (105 ILCS 5/27A-5)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status.
17Beginning on April 16, 2003 (the effective date of Public Act
1893-3), in all new applications to establish a charter school
19in a city having a population exceeding 500,000, operation of
20the charter school shall be limited to one campus. The changes
21made to this Section by Public Act 93-3 do not apply to charter
22schools existing or approved on or before April 16, 2003 (the
23effective date of Public Act 93-3).

 

 

SB1834- 2 -LRB102 16105 CMG 21479 b

1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    (c) A charter school shall be administered and governed by
16its board of directors or other governing body in the manner
17provided in its charter. The governing body of a charter
18school shall be subject to the Freedom of Information Act and
19the Open Meetings Act. No later than January 1, 2021 (one year
20after the effective date of Public Act 101-291) this
21amendatory Act of the 101st General Assembly, a charter
22school's board of directors or other governing body must
23include at least one parent or guardian of a pupil currently
24enrolled in the charter school who may be selected through the
25charter school or a charter network election, appointment by
26the charter school's board of directors or other governing

 

 

SB1834- 3 -LRB102 16105 CMG 21479 b

1body, or by the charter school's Parent Teacher Organization
2or its equivalent. Any charter school operating within a
3school district organized under Article 34 of this Code shall
4be administered by a local school council established pursuant
5to Section 34-2.1 of this Code, with all the normal and usual
6powers afforded to a local school council operating in a
7public school.
8    (c-5) No later than January 1, 2021 (one year after the
9effective date of Public Act 101-291) this amendatory Act of
10the 101st General Assembly or within the first year of his or
11her first term, every voting member of a charter school's
12board of directors or other governing body shall complete a
13minimum of 4 hours of professional development leadership
14training to ensure that each member has sufficient familiarity
15with the board's or governing body's role and
16responsibilities, including financial oversight and
17accountability of the school, evaluating the principal's and
18school's performance, adherence to the Freedom of Information
19Act and the Open Meetings Act Acts, and compliance with
20education and labor law. In each subsequent year of his or her
21term, a voting member of a charter school's board of directors
22or other governing body shall complete a minimum of 2 hours of
23professional development training in these same areas. The
24training under this subsection may be provided or certified by
25a statewide charter school membership association or may be
26provided or certified by other qualified providers approved by

 

 

SB1834- 4 -LRB102 16105 CMG 21479 b

1the State Board of Education.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and
8school personnel. "Non-curricular health and safety
9requirement" does not include any course of study or
10specialized instructional requirement for which the State
11Board has established goals and learning standards or which is
12designed primarily to impart knowledge and skills for students
13to master and apply as an outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall
20be updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)

 

 

SB1834- 5 -LRB102 16105 CMG 21479 b

1precludes an authorizer from including non-curricular health
2and safety requirements in a charter school contract that are
3not contained in the list promulgated by the State Board,
4including non-curricular health and safety requirements of the
5authorizing local school board.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. To ensure financial accountability for the use of
16public funds, on or before December 1 of every year of
17operation, each charter school shall submit to its authorizer
18and the State Board a copy of its audit and a copy of the Form
19990 the charter school filed that year with the federal
20Internal Revenue Service. In addition, if deemed necessary for
21proper financial oversight of the charter school, an
22authorizer may require quarterly financial statements from
23each charter school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

SB1834- 6 -LRB102 16105 CMG 21479 b

1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

SB1834- 7 -LRB102 16105 CMG 21479 b

1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Section 26-18 of this Code;
7        (15) Section 22-30 of this Code; and
8        (16) Sections 24-12 and 34-85 of this Code; and .
9        (17) the (16) The Seizure Smart School Act.
10    The change made by Public Act 96-104 to this subsection
11(g) is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required
21to perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after
23April 16, 2003 (the effective date of Public Act 93-3) and that
24operates in a city having a population exceeding 500,000 may
25not contract with a for-profit entity to manage or operate the
26school during the period that commences on April 16, 2003 (the

 

 

SB1834- 8 -LRB102 16105 CMG 21479 b

1effective date of Public Act 93-3) and concludes at the end of
2the 2004-2005 school year. Except as provided in subsection
3(i) of this Section, a school district may charge a charter
4school reasonable rent for the use of the district's
5buildings, grounds, and facilities. Any services for which a
6charter school contracts with a school district shall be
7provided by the district at cost. Any services for which a
8charter school contracts with a local school board or with the
9governing body of a State college or university or public
10community college shall be provided by the public entity at
11cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be
19subject to negotiation between the charter school and the
20local school board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age
22or grade level.
23    (k) If the charter school is approved by the State Board or
24Commission, then the charter school is its own local education
25agency.
26(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;

 

 

SB1834- 9 -LRB102 16105 CMG 21479 b

1100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
26-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
3eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
4101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
5    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
6    Sec. 34-2.1. Local School Councils - Composition -
7Voter-Eligibility - Elections - Terms.
8    (a) Notwithstanding any other provision of law, a A local
9school council shall be established for each attendance center
10within the school district, except for private schools, but
11including public small schools, contract schools, and military
12schools within the district. Each local school council shall
13consist of the following 12 voting members: the principal of
14the attendance center, 2 teachers employed and assigned to
15perform the majority of their employment duties at the
16attendance center, 6 parents of students currently enrolled at
17the attendance center, one employee of the school district
18employed and assigned to perform the majority of his or her
19employment duties at the attendance center who is not a
20teacher, and 2 community residents. Neither the parents nor
21the community residents who serve as members of the local
22school council shall be employees of the Board of Education.
23In each secondary attendance center, the local school council
24shall consist of 13 voting members -- the 12 voting members
25described above and one full-time student member, appointed as

 

 

SB1834- 10 -LRB102 16105 CMG 21479 b

1provided in subsection (m) below. In each attendance center
2enrolling students in 7th or 8th grade, one full-time student
3member shall be appointed as provided in subsection (m) of
4this Section. In the event that the chief executive officer of
5the Chicago School Reform Board of Trustees determines that a
6local school council is not carrying out its financial duties
7effectively, the chief executive officer is authorized to
8appoint a representative of the business community with
9experience in finance and management to serve as an advisor to
10the local school council for the purpose of providing advice
11and assistance to the local school council on fiscal matters.
12The advisor shall have access to relevant financial records of
13the local school council. The advisor may attend executive
14sessions. The chief executive officer shall issue a written
15policy defining the circumstances under which a local school
16council is not carrying out its financial duties effectively.
17    (b) Within 7 days of January 11, 1991, the Mayor shall
18appoint the members and officers (a Chairperson who shall be a
19parent member and a Secretary) of each local school council
20who shall hold their offices until their successors shall be
21elected and qualified. Members so appointed shall have all the
22powers and duties of local school councils as set forth in this
23amendatory Act of 1991. The Mayor's appointments shall not
24require approval by the City Council.
25    The membership of each local school council shall be
26encouraged to be reflective of the racial and ethnic

 

 

SB1834- 11 -LRB102 16105 CMG 21479 b

1composition of the student population of the attendance center
2served by the local school council.
3    (c) Beginning with the 1995-1996 school year and in every
4even-numbered year thereafter, the Board shall set second
5semester Parent Report Card Pick-up Day for Local School
6Council elections and may schedule elections at year-round
7schools for the same dates as the remainder of the school
8system. Elections shall be conducted as provided herein by the
9Board of Education in consultation with the local school
10council at each attendance center.
11    (c-5) Notwithstanding subsection (c), for the local school
12council election set for the 2019-2020 school year, the Board
13may hold the election on the first semester Parent Report Card
14Pick-up Day of the 2020-2021 school year, making any necessary
15modifications to the election process or date to comply with
16guidance from the Department of Public Health and the federal
17Centers for Disease Control and Prevention. The terms of
18office of all local school council members eligible to serve
19and seated on or after March 23, 2020 through January 10, 2021
20are extended through January 10, 2021, provided that the
21members continue to meet eligibility requirements for local
22school council membership.
23    (d) Beginning with the 1995-96 school year, the following
24procedures shall apply to the election of local school council
25members at each attendance center:
26        (i) The elected members of each local school council

 

 

SB1834- 12 -LRB102 16105 CMG 21479 b

1    shall consist of the 6 parent members and the 2 community
2    resident members.
3        (ii) Each elected member shall be elected by the
4    eligible voters of that attendance center to serve for a
5    two-year term commencing on July 1 immediately following
6    the election described in subsection (c), except that the
7    terms of members elected to a local school council under
8    subsection (c-5) shall commence on January 11, 2021 and
9    end on July 1, 2022. Eligible voters for each attendance
10    center shall consist of the parents and community
11    residents for that attendance center.
12        (iii) Each eligible voter shall be entitled to cast
13    one vote for up to a total of 5 candidates, irrespective of
14    whether such candidates are parent or community resident
15    candidates.
16        (iv) Each parent voter shall be entitled to vote in
17    the local school council election at each attendance
18    center in which he or she has a child currently enrolled.
19    Each community resident voter shall be entitled to vote in
20    the local school council election at each attendance
21    center for which he or she resides in the applicable
22    attendance area or voting district, as the case may be.
23        (v) Each eligible voter shall be entitled to vote
24    once, but not more than once, in the local school council
25    election at each attendance center at which the voter is
26    eligible to vote.

 

 

SB1834- 13 -LRB102 16105 CMG 21479 b

1        (vi) The 2 teacher members and the non-teacher
2    employee member of each local school council shall be
3    appointed as provided in subsection (l) below each to
4    serve for a two-year term coinciding with that of the
5    elected parent and community resident members. From March
6    23, 2020 through January 10, 2021, the chief executive
7    officer or his or her designee may make accommodations to
8    fill the vacancy of a teacher or non-teacher employee
9    member of a local school council.
10        (vii) At secondary attendance centers and attendance
11    centers enrolling students in 7th or 8th grade, the voting
12    student member shall be appointed as provided in
13    subsection (m) below to serve for a one-year term
14    coinciding with the beginning of the terms of the elected
15    parent and community members of the local school council.
16    For the 2020-2021 school year, the chief executive officer
17    or his or her designee may make accommodations to fill the
18    vacancy of a student member of a local school council.
19    (e) The Council shall publicize the date and place of the
20election by posting notices at the attendance center, in
21public places within the attendance boundaries of the
22attendance center and by distributing notices to the pupils at
23the attendance center, and shall utilize such other means as
24it deems necessary to maximize the involvement of all eligible
25voters.
26    (f) Nomination. The Council shall publicize the opening of

 

 

SB1834- 14 -LRB102 16105 CMG 21479 b

1nominations by posting notices at the attendance center, in
2public places within the attendance boundaries of the
3attendance center and by distributing notices to the pupils at
4the attendance center, and shall utilize such other means as
5it deems necessary to maximize the involvement of all eligible
6voters. Not less than 2 weeks before the election date,
7persons eligible to run for the Council shall submit their
8name, date of birth, social security number, if available, and
9some evidence of eligibility to the Council. The Council shall
10encourage nomination of candidates reflecting the
11racial/ethnic population of the students at the attendance
12center. Each person nominated who runs as a candidate shall
13disclose, in a manner determined by the Board, any economic
14interest held by such person, by such person's spouse or
15children, or by each business entity in which such person has
16an ownership interest, in any contract with the Board, any
17local school council or any public school in the school
18district. Each person nominated who runs as a candidate shall
19also disclose, in a manner determined by the Board, if he or
20she ever has been convicted of any of the offenses specified in
21subsection (c) of Section 34-18.5; provided that neither this
22provision nor any other provision of this Section shall be
23deemed to require the disclosure of any information that is
24contained in any law enforcement record or juvenile court
25record that is confidential or whose accessibility or
26disclosure is restricted or prohibited under Section 5-901 or

 

 

SB1834- 15 -LRB102 16105 CMG 21479 b

15-905 of the Juvenile Court Act of 1987. Failure to make such
2disclosure shall render a person ineligible for election or to
3serve on the local school council. The same disclosure shall
4be required of persons under consideration for appointment to
5the Council pursuant to subsections (l) and (m) of this
6Section.
7    (f-5) Notwithstanding disclosure, a person who has been
8convicted of any of the following offenses at any time shall be
9ineligible for election or appointment to a local school
10council and ineligible for appointment to a local school
11council pursuant to subsections (l) and (m) of this Section:
12(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1311-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1411-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1512-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
16Section 11-14.3, of the Criminal Code of 1961 or the Criminal
17Code of 2012, or (ii) any offense committed or attempted in any
18other state or against the laws of the United States, which, if
19committed or attempted in this State, would have been
20punishable as one or more of the foregoing offenses.
21Notwithstanding disclosure, a person who has been convicted of
22any of the following offenses within the 10 years previous to
23the date of nomination or appointment shall be ineligible for
24election or appointment to a local school council: (i) those
25defined in Section 401.1, 405.1, or 405.2 of the Illinois
26Controlled Substances Act or (ii) any offense committed or

 

 

SB1834- 16 -LRB102 16105 CMG 21479 b

1attempted in any other state or against the laws of the United
2States, which, if committed or attempted in this State, would
3have been punishable as one or more of the foregoing offenses.
4    Immediately upon election or appointment, incoming local
5school council members shall be required to undergo a criminal
6background investigation, to be completed prior to the member
7taking office, in order to identify any criminal convictions
8under the offenses enumerated in Section 34-18.5. The
9investigation shall be conducted by the Department of State
10Police in the same manner as provided for in Section 34-18.5.
11However, notwithstanding Section 34-18.5, the social security
12number shall be provided only if available. If it is
13determined at any time that a local school council member or
14member-elect has been convicted of any of the offenses
15enumerated in this Section or failed to disclose a conviction
16of any of the offenses enumerated in Section 34-18.5, the
17general superintendent shall notify the local school council
18member or member-elect of such determination and the local
19school council member or member-elect shall be removed from
20the local school council by the Board, subject to a hearing,
21convened pursuant to Board rule, prior to removal.
22    (g) At least one week before the election date, the
23Council shall publicize, in the manner provided in subsection
24(e), the names of persons nominated for election.
25    (h) Voting shall be in person by secret ballot at the
26attendance center between the hours of 6:00 a.m. and 7:00 p.m.

 

 

SB1834- 17 -LRB102 16105 CMG 21479 b

1    (i) Candidates receiving the highest number of votes shall
2be declared elected by the Council. In cases of a tie, the
3Council shall determine the winner by lot.
4    (j) The Council shall certify the results of the election
5and shall publish the results in the minutes of the Council.
6    (k) The general superintendent shall resolve any disputes
7concerning election procedure or results and shall ensure
8that, except as provided in subsections (e) and (g), no
9resources of any attendance center shall be used to endorse or
10promote any candidate.
11    (l) Beginning with the 1995-1996 school year and in every
12even numbered year thereafter, the Board shall appoint 2
13teacher members to each local school council. These
14appointments shall be made in the following manner:
15        (i) The Board shall appoint 2 teachers who are
16    employed and assigned to perform the majority of their
17    employment duties at the attendance center to serve on the
18    local school council of the attendance center for a
19    two-year term coinciding with the terms of the elected
20    parent and community members of that local school council.
21    These appointments shall be made from among those teachers
22    who are nominated in accordance with subsection (f).
23        (ii) A non-binding, advisory poll to ascertain the
24    preferences of the school staff regarding appointments of
25    teachers to the local school council for that attendance
26    center shall be conducted in accordance with the

 

 

SB1834- 18 -LRB102 16105 CMG 21479 b

1    procedures used to elect parent and community Council
2    representatives. At such poll, each member of the school
3    staff shall be entitled to indicate his or her preference
4    for up to 2 candidates from among those who submitted
5    statements of candidacy as described above. These
6    preferences shall be advisory only and the Board shall
7    maintain absolute discretion to appoint teacher members to
8    local school councils, irrespective of the preferences
9    expressed in any such poll.
10        (iii) In the event that a teacher representative is
11    unable to perform his or her employment duties at the
12    school due to illness, disability, leave of absence,
13    disciplinary action, or any other reason, the Board shall
14    declare a temporary vacancy and appoint a replacement
15    teacher representative to serve on the local school
16    council until such time as the teacher member originally
17    appointed pursuant to this subsection (l) resumes service
18    at the attendance center or for the remainder of the term.
19    The replacement teacher representative shall be appointed
20    in the same manner and by the same procedures as teacher
21    representatives are appointed in subdivisions (i) and (ii)
22    of this subsection (l).
23    (m) In Beginning with the 1995-1996 school year, and in
24every school year thereafter, the Board shall appoint one
25student member to each secondary attendance center and
26attendance center enrolling students in 7th or 8th grade,

 

 

SB1834- 19 -LRB102 16105 CMG 21479 b

1although no attendance center shall have more than one student
2member. These appointments shall be made in the following
3manner:
4        (i) Appointments shall be made from among those
5    students who submit statements of candidacy to the
6    principal of the attendance center, such statements to be
7    submitted commencing on the first day of the twentieth
8    week of school and continuing for 2 weeks thereafter. The
9    form and manner of such candidacy statements shall be
10    determined by the Board.
11        (ii) During the twenty-second week of school in every
12    year, the principal of each attendance center shall
13    conduct a non-binding, advisory poll to ascertain the
14    preferences of the school students regarding the
15    appointment of a student to the local school council for
16    that attendance center. At such poll, each student shall
17    be entitled to indicate his or her preference for up to one
18    candidate from among those who submitted statements of
19    candidacy as described above. The Board shall promulgate
20    rules to ensure that these non-binding, advisory polls are
21    conducted in a fair and equitable manner and maximize the
22    involvement of all school students. The preferences
23    expressed in these non-binding, advisory polls shall be
24    transmitted by the principal to the Board. However, these
25    preferences shall be advisory only and the Board shall
26    maintain absolute discretion to appoint student members to

 

 

SB1834- 20 -LRB102 16105 CMG 21479 b

1    local school councils, irrespective of the preferences
2    expressed in any such poll.
3        (iii) For the 1995-96 school year only, appointments
4    shall be made from among those students who submitted
5    statements of candidacy to the principal of the attendance
6    center during the first 2 weeks of the school year. The
7    principal shall communicate the results of any nonbinding,
8    advisory poll to the Board. These results shall be
9    advisory only, and the Board shall maintain absolute
10    discretion to appoint student members to local school
11    councils, irrespective of the preferences expressed in any
12    such poll.
13    (n) The Board may promulgate such other rules and
14regulations for election procedures as may be deemed necessary
15to ensure fair elections.
16    (o) In the event that a vacancy occurs during a member's
17term, the Council shall appoint a person eligible to serve on
18the Council, to fill the unexpired term created by the
19vacancy, except that any teacher vacancy shall be filled by
20the Board after considering the preferences of the school
21staff as ascertained through a non-binding advisory poll of
22school staff.
23    (p) If less than the specified number of persons is
24elected within each candidate category, the newly elected
25local school council shall appoint eligible persons to serve
26as members of the Council for two-year terms.

 

 

SB1834- 21 -LRB102 16105 CMG 21479 b

1    (q) The Board shall promulgate rules regarding conflicts
2of interest and disclosure of economic interests which shall
3apply to local school council members and which shall require
4reports or statements to be filed by Council members at
5regular intervals with the Secretary of the Board. Failure to
6comply with such rules or intentionally falsifying such
7reports shall be grounds for disqualification from local
8school council membership. A vacancy on the Council for
9disqualification may be so declared by the Secretary of the
10Board. Rules regarding conflicts of interest and disclosure of
11economic interests promulgated by the Board shall apply to
12local school council members. No less than 45 days prior to the
13deadline, the general superintendent shall provide notice, by
14mail, to each local school council member of all requirements
15and forms for compliance with economic interest statements.
16    (r) (1) If a parent member of a local school council ceases
17to have any child enrolled in the attendance center governed
18by the Local School Council due to the graduation or voluntary
19transfer of a child or children from the attendance center,
20the parent's membership on the Local School Council and all
21voting rights are terminated immediately as of the date of the
22child's graduation or voluntary transfer. If the child of a
23parent member of a local school council dies during the
24member's term in office, the member may continue to serve on
25the local school council for the balance of his or her term.
26Further, a local school council member may be removed from the

 

 

SB1834- 22 -LRB102 16105 CMG 21479 b

1Council by a majority vote of the Council as provided in
2subsection (c) of Section 34-2.2 if the Council member has
3missed 3 consecutive regular meetings, not including committee
4meetings, or 5 regular meetings in a 12 month period, not
5including committee meetings. If a parent member of a local
6school council ceases to be eligible to serve on the Council
7for any other reason, he or she shall be removed by the Board
8subject to a hearing, convened pursuant to Board rule, prior
9to removal. A vote to remove a Council member by the local
10school council shall only be valid if the Council member has
11been notified personally or by certified mail, mailed to the
12person's last known address, of the Council's intent to vote
13on the Council member's removal at least 7 days prior to the
14vote. The Council member in question shall have the right to
15explain his or her actions and shall be eligible to vote on the
16question of his or her removal from the Council. The
17provisions of this subsection shall be contained within the
18petitions used to nominate Council candidates.
19    (2) A person may continue to serve as a community resident
20member of a local school council as long as he or she resides
21in the attendance area served by the school and is not employed
22by the Board nor is a parent of a student enrolled at the
23school. If a community resident member ceases to be eligible
24to serve on the Council, he or she shall be removed by the
25Board subject to a hearing, convened pursuant to Board rule,
26prior to removal.

 

 

SB1834- 23 -LRB102 16105 CMG 21479 b

1    (3) A person may continue to serve as a teacher member of a
2local school council as long as he or she is employed and
3assigned to perform a majority of his or her duties at the
4school, provided that if the teacher representative resigns
5from employment with the Board or voluntarily transfers to
6another school, the teacher's membership on the local school
7council and all voting rights are terminated immediately as of
8the date of the teacher's resignation or upon the date of the
9teacher's voluntary transfer to another school. If a teacher
10member of a local school council ceases to be eligible to serve
11on a local school council for any other reason, that member
12shall be removed by the Board subject to a hearing, convened
13pursuant to Board rule, prior to removal.
14    (s) As used in this Section only, "community resident"
15means a person, 17 years of age or older, residing within an
16attendance area served by a school, excluding any person who
17is a parent of a student enrolled in that school; provided that
18with respect to any multi-area school, community resident
19means any person, 17 years of age or older, residing within the
20voting district established for that school pursuant to
21Section 34-2.1c, excluding any person who is a parent of a
22student enrolled in that school. This definition does not
23apply to any provisions concerning school boards.
24(Source: P.A. 101-643, eff. 6-18-20.)
 
25    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)

 

 

SB1834- 24 -LRB102 16105 CMG 21479 b

1    Sec. 34-2.2. Local school councils - Manner of operation.
2    (a) The annual organizational meeting of each local school
3council shall be held at the attendance center or via
4videoconference or teleconference if guidance from the
5Department of Public Health or Centers for Disease Control and
6Prevention limits the size of in-person meetings at the time
7of the meeting. At the annual organization meeting, which
8shall be held no sooner than July 1 and no later than July 14,
9a parent member of the local school council shall be selected
10by the members of such council as its chairperson, and a
11secretary shall be selected by the members of such council
12from among their number, each to serve a term of one year.
13However, an organizational meeting held by members elected to
14a local school council under subsection (c-5) of Section
1534-2.1 may be held no sooner than January 11, 2021 and no later
16than January 31, 2021. Whenever a vacancy in the office of
17chairperson or secretary of a local school council shall
18occur, a new chairperson (who shall be a parent member) or
19secretary, as the case may be, shall be elected by the members
20of the local school council from among their number to serve as
21such chairperson or secretary for the unexpired term of office
22in which the vacancy occurs. At each annual organizational
23meeting, the time and place of any regular meetings of the
24local school council shall be fixed. Special meetings of the
25local school council may be called by the chairperson or by any
264 members by giving notice thereof in writing, specifying the

 

 

SB1834- 25 -LRB102 16105 CMG 21479 b

1time, place and purpose of the meeting. Public notice of
2meetings shall also be given in accordance with the Open
3Meetings Act.
4    (b) Members and officers of the local school council shall
5serve without compensation and without reimbursement of any
6expenses incurred in the performance of their duties, except
7that the board of education may by rule establish a procedure
8and thereunder provide for reimbursement of members and
9officers of local school councils for such of their reasonable
10and necessary expenses (excluding any lodging or meal
11expenses) incurred in the performance of their duties as the
12board may deem appropriate.
13    (c) A majority of the full membership of the local school
14council shall constitute a quorum, and whenever a vote is
15taken on any measure before the local school council, a quorum
16being present, the affirmative vote of a majority of the votes
17of the full membership then serving of the local school
18council shall determine the outcome thereof; provided that
19whenever the measure before the local school council is (i)
20the evaluation of the principal, or (ii) the renewal of his or
21her performance contract or the inclusion of any provision or
22modification of the contract, or (iii) the direct selection by
23the local school council of a new principal (including a new
24principal to fill a vacancy) to serve under a 4 year
25performance contract, or (iv) the determination of the names
26of candidates to be submitted to the general superintendent

 

 

SB1834- 26 -LRB102 16105 CMG 21479 b

1for the position of principal, the principal and student
2member of a high school council shall not be counted for
3purposes of determining whether a quorum is present to act on
4the measure and shall have no vote thereon; and provided
5further that 7 affirmative votes of the local school council
6shall be required for the direct selection by the local school
7council of a new principal to serve under a 4 year performance
8contract but not for the renewal of a principal's performance
9contract. A supermajority of 8 votes is required to veto any
10action proposed or approved pursuant to subsection (d) of
11Section 34-8.3 of this Code or any action proposed or approved
12under Section 34-8.4 of this Code.
13    (d) Student members of high school councils shall not be
14eligible to vote on personnel matters, including but not
15limited to principal evaluations and contracts and the
16allocation of teaching and staff resources.
17    (e) The local school council of an attendance center which
18provides bilingual education shall be encouraged to provide
19translators at each council meeting to maximize participation
20of parents and the community.
21    (f) Each local school council of an attendance center
22which provides bilingual education shall create a Bilingual
23Advisory Committee or recognize an existing Bilingual Advisory
24Committee as a standing committee. The Chair and a majority of
25the members of the advisory committee shall be parents of
26students in the bilingual education program. The parents on

 

 

SB1834- 27 -LRB102 16105 CMG 21479 b

1the advisory committee shall be selected by parents of
2students in the bilingual education program, and the committee
3shall select a Chair. The advisory committee for each
4secondary attendance center shall include at least one
5full-time bilingual education student. The Bilingual Advisory
6Committee shall serve only in an advisory capacity to the
7local school council.
8    (g) Local school councils may utilize the services of an
9arbitration board to resolve intra-council disputes.
10(Source: P.A. 101-643, eff. 6-18-20.)
 
11    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
12    Sec. 34-2.3. Local school councils - Powers and duties.
13Each local school council shall have and exercise, consistent
14with the provisions of this Article and the powers and duties
15of the board of education, the following powers and duties:
16    1. (A) To annually evaluate the performance of the
17principal of the attendance center using a Board approved
18principal evaluation form, which shall include the evaluation
19of (i) student academic improvement, as defined by the school
20improvement plan, (ii) student absenteeism rates at the
21school, (iii) instructional leadership, (iv) the effective
22implementation of programs, policies, or strategies to improve
23student academic achievement, (v) school management, and (vi)
24any other factors deemed relevant by the local school council,
25including, without limitation, the principal's communication

 

 

SB1834- 28 -LRB102 16105 CMG 21479 b

1skills and ability to create and maintain a student-centered
2learning environment, to develop opportunities for
3professional development, and to encourage parental
4involvement and community partnerships to achieve school
5improvement;
6    (B) to determine in the manner provided by subsection (c)
7of Section 34-2.2 and subdivision 1.5 of this Section whether
8the performance contract of the principal shall be renewed;
9and
10    (C) to directly select, in the manner provided by
11subsection (c) of Section 34-2.2, a new principal (including a
12new principal to fill a vacancy) -- without submitting any
13list of candidates for that position to the general
14superintendent as provided in paragraph 2 of this Section --
15to serve under a 4 year performance contract; provided that
16(i) the determination of whether the principal's performance
17contract is to be renewed, based upon the evaluation required
18by subdivision 1.5 of this Section, shall be made no later than
19150 days prior to the expiration of the current
20performance-based contract of the principal, (ii) in cases
21where such performance contract is not renewed -- a direct
22selection of a new principal -- to serve under a 4 year
23performance contract shall be made by the local school council
24no later than 45 days prior to the expiration of the current
25performance contract of the principal, and (iii) a selection
26by the local school council of a new principal to fill a

 

 

SB1834- 29 -LRB102 16105 CMG 21479 b

1vacancy under a 4 year performance contract shall be made
2within 90 days after the date such vacancy occurs. A Council
3shall be required, if requested by the principal, to provide
4in writing the reasons for the council's not renewing the
5principal's contract.
6    1.5. The local school council's determination of whether
7to renew the principal's contract shall be based on an
8evaluation to assess the educational and administrative
9progress made at the school during the principal's current
10performance-based contract. The local school council shall
11base its evaluation on (i) student academic improvement, as
12defined by the school improvement plan, (ii) student
13absenteeism rates at the school, (iii) instructional
14leadership, (iv) the effective implementation of programs,
15policies, or strategies to improve student academic
16achievement, (v) school management, and (vi) any other factors
17deemed relevant by the local school council, including,
18without limitation, the principal's communication skills and
19ability to create and maintain a student-centered learning
20environment, to develop opportunities for professional
21development, and to encourage parental involvement and
22community partnerships to achieve school improvement. If a
23local school council fails to renew the performance contract
24of a principal rated by the general superintendent, or his or
25her designee, in the previous years' evaluations as meeting or
26exceeding expectations, the principal, within 15 days after

 

 

SB1834- 30 -LRB102 16105 CMG 21479 b

1the local school council's decision not to renew the contract,
2may request a review of the local school council's principal
3non-retention decision by a hearing officer appointed by the
4American Arbitration Association. A local school council
5member or members or the general superintendent may support
6the principal's request for review. During the period of the
7hearing officer's review of the local school council's
8decision on whether or not to retain the principal, the local
9school council shall maintain all authority to search for and
10contract with a person to serve as interim or acting
11principal, or as the principal of the attendance center under
12a 4-year performance contract, provided that any performance
13contract entered into by the local school council shall be
14voidable or modified in accordance with the decision of the
15hearing officer. The principal may request review only once
16while at that attendance center. If a local school council
17renews the contract of a principal who failed to obtain a
18rating of "meets" or "exceeds expectations" in the general
19superintendent's evaluation for the previous year, the general
20superintendent, within 15 days after the local school
21council's decision to renew the contract, may request a review
22of the local school council's principal retention decision by
23a hearing officer appointed by the American Arbitration
24Association. The general superintendent may request a review
25only once for that principal at that attendance center. All
26requests to review the retention or non-retention of a

 

 

SB1834- 31 -LRB102 16105 CMG 21479 b

1principal shall be submitted to the general superintendent,
2who shall, in turn, forward such requests, within 14 days of
3receipt, to the American Arbitration Association. The general
4superintendent shall send a contemporaneous copy of the
5request that was forwarded to the American Arbitration
6Association to the principal and to each local school council
7member and shall inform the local school council of its rights
8and responsibilities under the arbitration process, including
9the local school council's right to representation and the
10manner and process by which the Board shall pay the costs of
11the council's representation. If the local school council
12retains the principal and the general superintendent requests
13a review of the retention decision, the local school council
14and the general superintendent shall be considered parties to
15the arbitration, a hearing officer shall be chosen between
16those 2 parties pursuant to procedures promulgated by the
17State Board of Education, and the principal may retain counsel
18and participate in the arbitration. If the local school
19council does not retain the principal and the principal
20requests a review of the retention decision, the local school
21council and the principal shall be considered parties to the
22arbitration and a hearing officer shall be chosen between
23those 2 parties pursuant to procedures promulgated by the
24State Board of Education. The hearing shall begin (i) within
2545 days after the initial request for review is submitted by
26the principal to the general superintendent or (ii) if the

 

 

SB1834- 32 -LRB102 16105 CMG 21479 b

1initial request for review is made by the general
2superintendent, within 45 days after that request is mailed to
3the American Arbitration Association. The hearing officer
4shall render a decision within 45 days after the hearing
5begins and within 90 days after the initial request for
6review. The Board shall contract with the American Arbitration
7Association for all of the hearing officer's reasonable and
8necessary costs. In addition, the Board shall pay any
9reasonable costs incurred by a local school council for
10representation before a hearing officer.
11    1.10. The hearing officer shall conduct a hearing, which
12shall include (i) a review of the principal's performance,
13evaluations, and other evidence of the principal's service at
14the school, (ii) reasons provided by the local school council
15for its decision, and (iii) documentation evidencing views of
16interested persons, including, without limitation, students,
17parents, local school council members, school faculty and
18staff, the principal, the general superintendent or his or her
19designee, and members of the community. The burden of proof in
20establishing that the local school council's decision was
21arbitrary and capricious shall be on the party requesting the
22arbitration, and this party shall sustain the burden by a
23preponderance of the evidence. The hearing officer shall set
24the local school council decision aside if that decision, in
25light of the record developed at the hearing, is arbitrary and
26capricious. The decision of the hearing officer may not be

 

 

SB1834- 33 -LRB102 16105 CMG 21479 b

1appealed to the Board or the State Board of Education. If the
2hearing officer decides that the principal shall be retained,
3the retention period shall not exceed 2 years.
4    2. In the event (i) the local school council does not renew
5the performance contract of the principal, or the principal
6fails to receive a satisfactory rating as provided in
7subsection (h) of Section 34-8.3, or the principal is removed
8for cause during the term of his or her performance contract in
9the manner provided by Section 34-85, or a vacancy in the
10position of principal otherwise occurs prior to the expiration
11of the term of a principal's performance contract, and (ii)
12the local school council fails to directly select a new
13principal to serve under a 4 year performance contract, the
14local school council in such event shall submit to the general
15superintendent a list of 3 candidates -- listed in the local
16school council's order of preference -- for the position of
17principal, one of which shall be selected by the general
18superintendent to serve as principal of the attendance center.
19If the general superintendent fails or refuses to select one
20of the candidates on the list to serve as principal within 30
21days after being furnished with the candidate list, the
22general superintendent shall select and place a principal on
23an interim basis (i) for a period not to exceed one year or
24(ii) until the local school council selects a new principal
25with 7 affirmative votes as provided in subsection (c) of
26Section 34-2.2, whichever occurs first. If the local school

 

 

SB1834- 34 -LRB102 16105 CMG 21479 b

1council fails or refuses to select and appoint a new
2principal, as specified by subsection (c) of Section 34-2.2,
3the general superintendent may select and appoint a new
4principal on an interim basis for an additional year or until a
5new contract principal is selected by the local school
6council. There shall be no discrimination on the basis of
7race, sex, creed, color or disability unrelated to ability to
8perform in connection with the submission of candidates for,
9and the selection of a candidate to serve as principal of an
10attendance center. No person shall be directly selected,
11listed as a candidate for, or selected to serve as principal of
12an attendance center (i) if such person has been removed for
13cause from employment by the Board or (ii) if such person does
14not hold a valid administrative certificate issued or
15exchanged under Article 21 and endorsed as required by that
16Article for the position of principal. A principal whose
17performance contract is not renewed as provided under
18subsection (c) of Section 34-2.2 may nevertheless, if
19otherwise qualified and certified as herein provided and if he
20or she has received a satisfactory rating as provided in
21subsection (h) of Section 34-8.3, be included by a local
22school council as one of the 3 candidates listed in order of
23preference on any candidate list from which one person is to be
24selected to serve as principal of the attendance center under
25a new performance contract. The initial candidate list
26required to be submitted by a local school council to the

 

 

SB1834- 35 -LRB102 16105 CMG 21479 b

1general superintendent in cases where the local school council
2does not renew the performance contract of its principal and
3does not directly select a new principal to serve under a 4
4year performance contract shall be submitted not later than 30
5days prior to the expiration of the current performance
6contract. In cases where the local school council fails or
7refuses to submit the candidate list to the general
8superintendent no later than 30 days prior to the expiration
9of the incumbent principal's contract, the general
10superintendent may appoint a principal on an interim basis for
11a period not to exceed one year, during which time the local
12school council shall be able to select a new principal with 7
13affirmative votes as provided in subsection (c) of Section
1434-2.2. In cases where a principal is removed for cause or a
15vacancy otherwise occurs in the position of principal and the
16vacancy is not filled by direct selection by the local school
17council, the candidate list shall be submitted by the local
18school council to the general superintendent within 90 days
19after the date such removal or vacancy occurs. In cases where
20the local school council fails or refuses to submit the
21candidate list to the general superintendent within 90 days
22after the date of the vacancy, the general superintendent may
23appoint a principal on an interim basis for a period of one
24year, during which time the local school council shall be able
25to select a new principal with 7 affirmative votes as provided
26in subsection (c) of Section 34-2.2.

 

 

SB1834- 36 -LRB102 16105 CMG 21479 b

1    2.5. Whenever a vacancy in the office of a principal
2occurs for any reason, the vacancy shall be filled in the
3manner provided by this Section by the selection of a new
4principal to serve under a 4 year performance contract.
5    3. To establish additional criteria to be included as part
6of the performance contract of its principal, provided that
7such additional criteria shall not discriminate on the basis
8of race, sex, creed, color or disability unrelated to ability
9to perform, and shall not be inconsistent with the uniform 4
10year performance contract for principals developed by the
11board as provided in Section 34-8.1 of the School Code or with
12other provisions of this Article governing the authority and
13responsibility of principals.
14    4. To approve the expenditure plan prepared by the
15principal with respect to all funds allocated and distributed
16to the attendance center by the Board. The expenditure plan
17shall be administered by the principal. Notwithstanding any
18other provision of this Act or any other law, any expenditure
19plan approved and administered under this Section 34-2.3 shall
20be consistent with and subject to the terms of any contract for
21services with a third party entered into by the Chicago School
22Reform Board of Trustees or the board under this Act.
23    Via a supermajority vote of 7 members of the local school
24council or 8 members of a high school local school council, the
25Council may transfer allocations pursuant to Section 34-2.3
26within funds; provided that such a transfer is consistent with

 

 

SB1834- 37 -LRB102 16105 CMG 21479 b

1applicable law and collective bargaining agreements.
2    Beginning in fiscal year 1991 and in each fiscal year
3thereafter, the Board may reserve up to 1% of its total fiscal
4year budget for distribution on a prioritized basis to schools
5throughout the school system in order to assure adequate
6programs to meet the needs of special student populations as
7determined by the Board. This distribution shall take into
8account the needs catalogued in the Systemwide Plan and the
9various local school improvement plans of the local school
10councils. Information about these centrally funded programs
11shall be distributed to the local school councils so that
12their subsequent planning and programming will account for
13these provisions.
14    Beginning in fiscal year 1991 and in each fiscal year
15thereafter, from other amounts available in the applicable
16fiscal year budget, the board shall allocate a lump sum amount
17to each local school based upon such formula as the board shall
18determine taking into account the special needs of the student
19body. The local school principal shall develop an expenditure
20plan in consultation with the local school council, the
21professional personnel leadership committee and with all other
22school personnel, which reflects the priorities and activities
23as described in the school's local school improvement plan and
24is consistent with applicable law and collective bargaining
25agreements and with board policies and standards; however, the
26local school council shall have the right to request waivers

 

 

SB1834- 38 -LRB102 16105 CMG 21479 b

1of board policy from the board of education and waivers of
2employee collective bargaining agreements pursuant to Section
334-8.1a.
4    The expenditure plan developed by the principal with
5respect to amounts available from the fund for prioritized
6special needs programs and the allocated lump sum amount must
7be approved by the local school council.
8    The lump sum allocation shall take into account the
9following principles:
10        a. Teachers: Each school shall be allocated funds
11    equal to the amount appropriated in the previous school
12    year for compensation for teachers (regular grades
13    kindergarten through 12th grade) plus whatever increases
14    in compensation have been negotiated contractually or
15    through longevity as provided in the negotiated agreement.
16    Adjustments shall be made due to layoff or reduction in
17    force, lack of funds or work, change in subject
18    requirements, enrollment changes, or contracts with third
19    parties for the performance of services or to rectify any
20    inconsistencies with system-wide allocation formulas or
21    for other legitimate reasons.
22        b. Other personnel: Funds for other teacher
23    certificated and uncertificated personnel paid through
24    non-categorical funds shall be provided according to
25    system-wide formulas based on student enrollment and the
26    special needs of the school as determined by the Board.

 

 

SB1834- 39 -LRB102 16105 CMG 21479 b

1        c. Non-compensation items: Appropriations for all
2    non-compensation items shall be based on system-wide
3    formulas based on student enrollment and on the special
4    needs of the school or factors related to the physical
5    plant, including but not limited to textbooks, electronic
6    textbooks and the technological equipment necessary to
7    gain access to and use electronic textbooks, supplies,
8    electricity, equipment, and routine maintenance.
9        d. Funds for categorical programs: Schools shall
10    receive personnel and funds based on, and shall use such
11    personnel and funds in accordance with State and Federal
12    requirements applicable to each categorical program
13    provided to meet the special needs of the student body
14    (including but not limited to, Federal Chapter I,
15    Bilingual, and Special Education).
16        d.1. Funds for State Title I: Each school shall
17    receive funds based on State and Board requirements
18    applicable to each State Title I pupil provided to meet
19    the special needs of the student body. Each school shall
20    receive the proportion of funds as provided in Section
21    18-8 or 18-8.15 to which they are entitled. These funds
22    shall be spent only with the budgetary approval of the
23    Local School Council as provided in Section 34-2.3.
24        e. The Local School Council shall have the right to
25    request the principal to close positions and open new ones
26    consistent with the provisions of the local school

 

 

SB1834- 40 -LRB102 16105 CMG 21479 b

1    improvement plan provided that these decisions are
2    consistent with applicable law and collective bargaining
3    agreements. If a position is closed, pursuant to this
4    paragraph, the local school shall have for its use the
5    system-wide average compensation for the closed position.
6        f. Operating within existing laws and collective
7    bargaining agreements, the local school council shall have
8    the right to direct the principal to shift expenditures
9    within funds.
10        g. (Blank).
11    Any funds unexpended at the end of the fiscal year shall be
12available to the board of education for use as part of its
13budget for the following fiscal year.
14    5. To make recommendations to the principal concerning
15textbook selection and concerning curriculum developed
16pursuant to the school improvement plan which is consistent
17with systemwide curriculum objectives in accordance with
18Sections 34-8 and 34-18 of the School Code and in conformity
19with the collective bargaining agreement.
20    6. To advise the principal concerning the attendance and
21disciplinary policies for the attendance center, subject to
22the provisions of this Article and Article 26, and consistent
23with the uniform system of discipline established by the board
24pursuant to Section 34-19.
25    7. To approve a school improvement plan developed as
26provided in Section 34-2.4. The process and schedule for plan

 

 

SB1834- 41 -LRB102 16105 CMG 21479 b

1development shall be publicized to the entire school
2community, and the community shall be afforded the opportunity
3to make recommendations concerning the plan. At least twice a
4year the principal and local school council shall report
5publicly on progress and problems with respect to plan
6implementation.
7    8. To evaluate the allocation of teaching resources and
8other certificated and uncertificated staff to the attendance
9center to determine whether such allocation is consistent with
10and in furtherance of instructional objectives and school
11programs reflective of the school improvement plan adopted for
12the attendance center; and to make recommendations to the
13board, the general superintendent and the principal concerning
14any reallocation of teaching resources or other staff whenever
15the council determines that any such reallocation is
16appropriate because the qualifications of any existing staff
17at the attendance center do not adequately match or support
18instructional objectives or school programs which reflect the
19school improvement plan.
20    9. To make recommendations to the principal and the
21general superintendent concerning their respective
22appointments, after August 31, 1989, and in the manner
23provided by Section 34-8 and Section 34-8.1, of persons to
24fill any vacant, additional or newly created positions for
25teachers at the attendance center or at attendance centers
26which include the attendance center served by the local school

 

 

SB1834- 42 -LRB102 16105 CMG 21479 b

1council.
2    10. To request of the Board the manner in which training
3and assistance shall be provided to the local school council.
4Pursuant to Board guidelines a local school council is
5authorized to direct the Board of Education to contract with
6personnel or not-for-profit organizations not associated with
7the school district to train or assist council members. If
8training or assistance is provided by contract with personnel
9or organizations not associated with the school district, the
10period of training or assistance shall not exceed 30 hours
11during a given school year; person shall not be employed on a
12continuous basis longer than said period and shall not have
13been employed by the Chicago Board of Education within the
14preceding six months. Council members shall receive training
15in at least the following areas:
16        1. school budgets;
17        2. educational theory pertinent to the attendance
18    center's particular needs, including the development of
19    the school improvement plan and the principal's
20    performance contract; and
21        3. personnel selection.
22Council members shall, to the greatest extent possible,
23complete such training within 90 days of election.
24    11. In accordance with systemwide guidelines contained in
25the System-Wide Educational Reform Goals and Objectives Plan,
26criteria for evaluation of performance shall be established

 

 

SB1834- 43 -LRB102 16105 CMG 21479 b

1for local school councils and local school council members. If
2a local school council persists in noncompliance with
3systemwide requirements, the Board may impose sanctions and
4take necessary corrective action, consistent with Section
534-8.3. Any such action allowed for or taken pursuant to
6subsection (d) of Section 34-8.3 or Section 34-8.4 of this
7Code must be vetoed by a supermajority of 8 of the voting
8members of the local school council.
9    12. Each local school council shall comply with the Open
10Meetings Act and the Freedom of Information Act. Each local
11school council shall issue and transmit to its school
12community a detailed annual report accounting for its
13activities programmatically and financially. Each local school
14council shall convene at least 2 well-publicized meetings
15annually with its entire school community. These meetings
16shall include presentation of the proposed local school
17improvement plan, of the proposed school expenditure plan, and
18the annual report, and shall provide an opportunity for public
19comment.
20    13. Each local school council is encouraged to involve
21additional non-voting members of the school community in
22facilitating the council's exercise of its responsibilities.
23    14. The local school council may adopt a school uniform or
24dress code policy that governs the attendance center and that
25is necessary to maintain the orderly process of a school
26function or prevent endangerment of student health or safety,

 

 

SB1834- 44 -LRB102 16105 CMG 21479 b

1consistent with the policies and rules of the Board of
2Education. A school uniform or dress code policy adopted by a
3local school council: (i) shall not be applied in such manner
4as to discipline or deny attendance to a transfer student or
5any other student for noncompliance with that policy during
6such period of time as is reasonably necessary to enable the
7student to acquire a school uniform or otherwise comply with
8the dress code policy that is in effect at the attendance
9center into which the student's enrollment is transferred; and
10(ii) shall include criteria and procedures under which the
11local school council will accommodate the needs of or
12otherwise provide appropriate resources to assist a student
13from an indigent family in complying with an applicable school
14uniform or dress code policy. A student whose parents or legal
15guardians object on religious grounds to the student's
16compliance with an applicable school uniform or dress code
17policy shall not be required to comply with that policy if the
18student's parents or legal guardians present to the local
19school council a signed statement of objection detailing the
20grounds for the objection.
21    15. All decisions made and actions taken by the local
22school council in the exercise of its powers and duties shall
23comply with State and federal laws, all applicable collective
24bargaining agreements, court orders and rules properly
25promulgated by the Board.
26    15a. To grant, in accordance with board rules and

 

 

SB1834- 45 -LRB102 16105 CMG 21479 b

1policies, the use of assembly halls and classrooms when not
2otherwise needed, including lighting, heat, and attendants,
3for public lectures, concerts, and other educational and
4social activities.
5    15b. To approve, in accordance with board rules and
6policies, receipts and expenditures for all internal accounts
7of the attendance center, and to approve all fund-raising
8activities by nonschool organizations that use the school
9building.
10    16. (Blank).
11    17. Names and addresses of local school council members
12shall be a matter of public record.
13(Source: P.A. 100-465, eff. 8-31-17.)
 
14    (105 ILCS 5/34-2.3b)
15    Sec. 34-2.3b. Local School Council Training.
16    (a) The LSC Certification Commission, an independent
17commission, is established to provide fundamental training to
18members of local school councils and certify each member. The
19LSC Certification Commission shall be comprised of
20representatives from the Chicago public school system and
21representatives from organizations that have provided training
22to local school council members on and after January 23, 2014.
23The board shall collaborate with universities and other
24interested entities and individuals to offer training to local
25school council members on topics relevant to school operations

 

 

SB1834- 46 -LRB102 16105 CMG 21479 b

1and their responsibilities as local school council members,
2including but not limited to legal requirements, role
3differentiation, responsibilities, and authorities, and
4improving student achievement.
5    (b) Training of local school council members shall be
6provided at the direction of the LSC Certification Commission,
7which shall work with universities and other interested
8entities to develop and administer a required 3-day training
9program for local school council members board in consultation
10with the Council of Chicago-area Deans of Education. Incoming
11local school council members shall be required to complete a
123-day training program provided under this Section within 6
13months of taking office. The LSC Certification Commission
14board shall monitor the compliance of incoming local school
15council members with the 3-day training program requirement
16established by this Section.
17    (c) At the direction of the LSC Certification Commission,
18the The board shall declare vacant the office of a local school
19council member who fails to complete the 3-day training
20program provided under this Section within the 6 month period
21allowed. Any such vacancy shall be filled as provided in
22subsection (o) of Section 34-2.1 by appointment of another
23person qualified to hold the office. In addition to requiring
24local school council members to complete the 3-day training
25program under this Section, the board may encourage local
26school council members to complete additional training during

 

 

SB1834- 47 -LRB102 16105 CMG 21479 b

1their term of office and shall provide recognition for
2individuals completing that additional training. The board is
3authorized to collaborate with universities, non-profits, and
4other interested organizations and individuals to offer
5additional training to local school council members on a
6regular basis during their term in office. The board shall not
7be required to bear the cost of the required 3-day training
8program or any additional training provided to local school
9council members under this Section.
10    (d) The LSC Certification Commission board shall also
11offer training to aid local school councils in developing
12principal evaluation procedures and criteria. The board shall
13send out requests for proposals concerning this training and
14is authorized to contract with universities, non-profits, and
15other interested organizations and individuals to provide this
16training. The board is authorized to use funds from private
17organizations, non-profits, or any other outside source as
18well as its own funds for this purpose.
19    (e) The LSC Certification Commission may request and, upon
20such request, the board shall budget and distribute such funds
21as are equal to the total allocations for the certification of
22local school council members under this Section in the year
23immediately prior. Upon a majority vote of the LSC
24Certification Commission, that request may exceed the prior
25year's allocations by 2%.
26(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
 

 

 

SB1834- 48 -LRB102 16105 CMG 21479 b

1    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
2    Sec. 34-2.4b. Limitation upon applicability. The
3provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4
4and 34-8.3, and those provisions of paragraph 1 of Section
534-18 and paragraph (c) of Section 34A-201a relating to the
6allocation or application -- by formula or otherwise -- of
7lump sum amounts and other funds to attendance centers, shall
8not apply to attendance centers that have applied for and been
9designated as a "Small School" by the Board, the Cook County
10Juvenile Detention Center and Cook County Jail schools, nor to
11the district's alternative schools for pregnant girls, nor to
12alternative schools established under Article 13A, nor to a
13contract school, nor to the Michael R. Durso School, the
14Jackson Adult Center, the Hillard Adult Center, the
15Alternative Transitional School, or any other attendance
16center designated by the Board as an alternative school,
17provided that the designation is not applied to an attendance
18center that has in place a legally constituted local school
19council, except for contract turnaround schools. The board of
20education shall have and exercise with respect to those
21schools and with respect to the conduct, operation, affairs
22and budgets of those schools, and with respect to the
23principals, teachers and other school staff there employed,
24the same powers which are exercisable by local school councils
25with respect to the other attendance centers, principals,

 

 

SB1834- 49 -LRB102 16105 CMG 21479 b

1teachers and school staff within the district, together with
2all powers and duties generally exercisable by the board of
3education with respect to all attendance centers within the
4district. The board of education shall develop appropriate
5alternative methods for involving parents, community members
6and school staff to the maximum extent possible in all of the
7activities of those schools, and may delegate to the parents,
8community members and school staff so involved the same powers
9which are exercisable by local school councils with respect to
10other attendance centers.
11(Source: P.A. 96-105, eff. 7-30-09.)
 
12    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
13    Sec. 34-8.3. Remediation and probation of attendance
14centers.
15    (a) The general superintendent shall monitor the
16performance of the attendance centers within the district and
17shall identify attendance centers, pursuant to criteria that
18the board shall establish, in which:
19        (1) there is a failure to develop, implement, or
20    comply with a school improvement plan;
21        (2) there is a pervasive breakdown in the educational
22    program as indicated by factors, including, but not
23    limited to, the absence of improvement in student reading
24    and math achievement scores, an increased drop-out rate, a
25    decreased graduation rate, and a decrease in rate of

 

 

SB1834- 50 -LRB102 16105 CMG 21479 b

1    student attendance;
2        (3) (blank); or
3        (4) there is a failure or refusal to comply with the
4    provisions of this Act, other applicable laws, collective
5    bargaining agreements, court orders, or with Board rules
6    which the Board is authorized to promulgate.
7    (b) If the general superintendent identifies a
8nonperforming school as described herein, he or she shall
9place the attendance center on remediation by developing a
10remediation plan for the center. The purpose of the
11remediation plan shall be to correct the deficiencies in the
12performance of the attendance center by one or more of the
13following methods:
14        (1) drafting a new school improvement plan;
15        (2) applying to the board for additional funding for
16    training for the local school council;
17        (3) directing implementation of a school improvement
18    plan;
19        (4) mediating disputes or other obstacles to reform or
20    improvement at the attendance center.
21    Nothing in this Section removes any authority of the local
22school council, which shall retain the right to reject or
23modify any school improvement plan or implementation thereof.
24    If, however, the general superintendent determines that
25the problems are not able to be remediated by these methods,
26the general superintendent shall place the attendance center

 

 

SB1834- 51 -LRB102 16105 CMG 21479 b

1on probation. The board shall establish guidelines that
2determine the factors for placing an attendance center on
3probation.
4    (c) Each school placed on probation shall have a school
5improvement plan and school budget for correcting deficiencies
6identified by the board. The plan shall include specific steps
7that the local school council and school staff must take to
8correct identified deficiencies and specific objective
9criteria by which the school's subsequent progress will be
10determined. The school budget shall include specific
11expenditures directly calculated to correct educational and
12operational deficiencies identified at the school by the
13probation team.
14    (d) Schools placed on probation that, after a maximum of
15one year, fail to make adequate progress in correcting
16deficiencies are subject to the following actions by the
17general superintendent with the approval of the board, after
18opportunity for a hearing:
19        (1) Ordering new local school council elections.
20        (2) Removing and replacing the principal.
21        (3) Replacement of faculty members, subject to the
22    provisions of Section 24A-5.
23        (4) Reconstitution of the attendance center and
24    replacement and reassignment by the general superintendent
25    of all employees of the attendance center.
26        (5) Intervention under Section 34-8.4.

 

 

SB1834- 52 -LRB102 16105 CMG 21479 b

1        (5.5) Operating an attendance center as a contract
2    turnaround school.
3        (6) Closing of the school.
4Any action proposed or approved under this subsection (d) is
5subject to veto by a supermajority of 8 of the voting members
6of the local school council.
7    (e) Schools placed on probation shall remain on probation
8from year to year until deficiencies are corrected, even if
9such schools make acceptable annual progress. The board shall
10establish, in writing, criteria for determining whether or not
11a school shall remain on probation. Such criteria shall be
12delivered to each local school council on or before August 1 of
13each year. If academic achievement tests are used as the
14factor for placing a school on probation, the general
15superintendent shall consider objective criteria, not just an
16increase in test scores, in deciding whether or not a school
17shall remain on probation. These criteria shall include
18attendance, test scores, student mobility rates, poverty
19rates, bilingual education eligibility, special education, and
20English language proficiency programs, with progress made in
21these areas being taken into consideration in deciding whether
22or not a school shall remain on probation.
23    (f) Where the board has reason to believe that violations
24of civil rights, or of civil or criminal law have occurred, or
25when the general superintendent deems that the school is in
26educational crisis it may take immediate corrective action,

 

 

SB1834- 53 -LRB102 16105 CMG 21479 b

1including the actions specified in this Section, without first
2placing the school on remediation or probation. Nothing
3described herein shall limit the authority of the board as
4provided by any law of this State. The board shall develop
5criteria governing the determination regarding when a school
6is in educational crisis. Such criteria shall be delivered to
7each local school council on or before August 1 of each year.
8An action under subsection (d) of this Section shall be
9subject to veto by a supermajority of 8 of the voting members
10of the local school council.
11    (g) All persons serving as subdistrict superintendent on
12May 1, 1995 shall be deemed by operation of law to be serving
13under a performance contract which expires on June 30, 1995,
14and the employment of each such person as subdistrict
15superintendent shall terminate on June 30, 1995. The board
16shall have no obligation to compensate any such person as a
17subdistrict superintendent after June 30, 1995.
18    (h) The general superintendent shall, in consultation with
19local school councils, conduct an annual evaluation of each
20principal in the district pursuant to guidelines promulgated
21by the Board of Education.
22(Source: P.A. 96-105, eff. 7-30-09.)
 
23    (105 ILCS 5/34-8.4)
24    Sec. 34-8.4. Intervention. The Chicago Schools Academic
25Accountability Council may recommend to the Chicago School

 

 

SB1834- 54 -LRB102 16105 CMG 21479 b

1Reform Board of Trustees that any school placed on remediation
2or probation under Section 34-8.3 or schools that for the 3
3consecutive school years of 1992-1993, 1993-1994, and
41994-1995 have met the State Board of Education's category of
5"does not meet expectations" be made subject to intervention
6under this Section 34-8.4. In addition to any powers created
7under this Section, the Trustees shall have all powers created
8under Section 34-8.3 with respect to schools subjected to
9intervention.
10    Prior to subjecting a school to intervention, the Trustees
11shall conduct a public hearing and make findings of facts
12concerning the recommendation of the Chicago Schools Academic
13Accountability Council and the factors causing the failure of
14the school to adequately perform. The Trustees shall afford an
15opportunity at the hearing for interested persons to comment
16about the intervention recommendation. After the hearing has
17been held and completion of findings of fact, the Trustees
18shall make a determination whether to subject the school to
19intervention.
20    If the Trustees determine that a school shall be subject
21to intervention under this Section, the Trustees shall develop
22an intervention implementation plan and shall cause a
23performance evaluation to be made of each employee at the
24school. Upon consideration of such evaluations, and consistent
25with the intervention implementation plan, the Trustees may
26reassign, layoff, or dismiss any employees at the attendance

 

 

SB1834- 55 -LRB102 16105 CMG 21479 b

1center, notwithstanding the provisions of Sections 24A-5 and
234-85.
3    The chief educational officer shall appoint a principal
4for the school and shall set the terms and conditions of the
5principal's contract, which in no case may be longer than 2
6years. The principal shall select all teachers and
7non-certified personnel for the school as may be necessary.
8Any provision of Section 34-8.1 that conflicts with this
9Section shall not apply to a school subjected to intervention
10under this Section.
11    If pursuant to this Section, the general superintendent,
12with the approval of the board, orders new local school
13council elections, the general superintendent shall carry out
14the responsibilities of the local school council for a school
15subject to intervention until the new local school council
16members are elected and trained.
17    Any action authorized by this Section must be vetoed by a
18supermajority vote of 8 of the voting members of the local
19school council for the attendance center affected by the
20action.
21    Each school year, 5% of the supplemental general State aid
22funds distributed to a school subject to intervention during
23that school year under subsection 5(i)(1)(a) of part A of
24Section 18-8 or subsection (H) of Section 18-8.05 shall be
25used for employee performance incentives. The Trustees shall
26prepare a report evaluating the results of any interventions

 

 

SB1834- 56 -LRB102 16105 CMG 21479 b

1undertaken pursuant to this Section and shall make
2recommendations concerning implementation of special programs
3for dealing with underperforming schools on an ongoing basis.
4This report shall be submitted to the State Superintendent of
5Education and Mayor of the City of Chicago by January 1, 1999.
6(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
790-548, eff. 1-1-98.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.